Defense lawyer's conflict of interest decision
NWI Times
Mar 16, 1991
http://www.nwitimes.com/uncategorized/defense-lawyer-s-conflict-of-interest-decision/article_45bdcc70-c993-5a1f-adef-83fa30ca8f37.html
HAMMOND - A U.S. District Court Judge has postponed his decision on whether a defense lawyer's representation of two key members of an alleged Chicago South Side crime family is a conflict of interest.
Judge James Moody has given government prosecutors until noon Tuesday to file a response to Kevin Milner and the Chicago law offices of Patrick Tuite Ltd.'s argument that they should be able to defend alleged mob boss Dominick "Tootsie" Palermo, 73, of Orland Park, and aide Nicholas "Nicky" Guizzino, 54, of Chicago Heights.
Government prosecutors asked Moody in a motion last week to disqualify Milner, charging that while he was a prosecutor, he participated in the investigation of his clients.
Prosecutors uncovered an application signed by Milner asking for the right to monitor calls from a phone owned by Bernard "Snooky" Morgano, an aide to Palermo who was named in the same indictment unsealed in December.
The government claims Milner's participation in the investigation is a conflict of interest and raises questions about impropriety. Defense lawyers Friday presented their response to prosecutors' charges.
Milner said in an affidavit filed Thursday that he does not remember signing the application in 1987 and had no knowledge of the investigation while working for the government. He also defended Palermo's and Guizzino's constitutional rights to seek the legal representation of their choice.
The Tuite law firm has represented the two men since 1987, when they learned of the government's investigation against them, according to an affidavit signed by Tuite. Milner, who worked for the U.S. attorney's office for about four years, left his public post to take a position with the law firm last year.
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