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Monday, April 24, 2006

Mayor Carl Hutcherson's Trial Delayed

The trial of Carl Hutcherson has been delayed. Reasons for the delay are sketchy at best. According to The News and Advance:


A judge ordered the continuance Sunday afternoon after defense attorneys filed
evidence that they say “completely contradicts” prosecutors’ claims that the
mayor committed Social Security fraud.


It is also reported by the News and Advance, the defence is claiming a Sixth Amendment violation. From their report it appears, but it is not certain; that they are speaking of the investigation conducted by the Social Security Administration.

More details of what has happen can be found the Daily Press:

Attorneys John Fishwick and John Lichtenstein, in a letter to U.S. District
Judge James Turk, asked for more time to prepare their case as a result of
documents they received containing information that "conflicts completely with
the government's contentions that the defendant stole Social Security funds."
The Social Security Administration memos were obtained from the government late
Friday on a motion, the letter said. The attorneys said they wanted to find a
Social Security Administration employee who investigated Hutcherson and wrote in
an internal memo, "Fraud is not an issue--all monies accounted for." The
employee was identified only by initials.

The Sixth Amendment can be found below:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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