Pregnant lawyer is denied trial delay in 'tumultuous' hearing; law partner blasts prosecutors
A pregnant lawyer who sought a delay in a federal corruption case because a “grueling” trial would be too taxing during her third trimester was turned down by a federal judge last week.
The New York Times described the hearing as “tumultuous” while the New York Daily News referred to it as “a bizarre pregnancy drama.” The New York Post also has a story.
The lawyer seeking the delay, Deborah Misir, participated in the hearing by telephone while her husband and law partner, Grant Lally, appeared on her behalf. Misir, who turned 43 on Friday, has said she faced medical issues in the past and it’s difficult to have a successful pregnancy at her age.
U.S. District Judge Kenneth Karas refused to delay the Jan. 5 trial, noting that Misir’s client, Vincent Tabone, had a second lawyer who could represent him. Karas also said a delay would affect the speedy trial rights of Tabone’s co-defendant, who was charged with Tabone and should be tried with Tabone.
The office of U.S. Attorney Preet Bharara had opposed Misir’s delay request.
According to the New York Times account, “The hearing grew tumultuous at points.” Lally criticized prosecutors, saying they had made denigrating remarks about Misir and attacked her integrity. “If Ayatollah Bharara wants to apply Sharia law in this court and this district, I am sorry, your honor, that’s unacceptable,” Lally said.
According to the Times, “Judge Karas made it clear that he sharply disagreed with Mr. Lally’s complaints, saying they were ‘way off base’ and not supported by the record.”
But Lally emphasized the point in an interview with the Daily News. “This is something that’s done in Saudi Arabia, not the United States,” he said. “Ayatollah Preet Bharara has determined it’s the policy of his office that pregnant women can’t try a case. And the court went along with it.”
The New York Daily News reports that Karas ordered Lally to sit down and stop interrupting several times during the hearing. Tabone was “visibly angered” by the judge’s decision , the Daily News says.
