In very rare censure, Minneapolis attorney face of jail time and possible $ 1,000 fine after charged with criminal contempt for allegedly trying to mislead the judge of the reasons she missed the inspection date.
Attorney M. Tayara Garrett, who says that the charges were "preposterous and vindictive," could face as much as three months in prison if convicted of the offense charge. She probably could face an investigation State Bureau of lawyers professional liability.
Thing arising out of a series of events last spring, when Garrett repeatedly told HENNEPIN County Judge William Howard she would not be available to her client's mortgage fraud case because of illness. When she missed a trial date and failed to show the judge satisfied that she was sick, he found her contempt and referred the case for possible criminal charges.
The investigation found that Garrett had bought a plane ticket to Paris for about a month before the trial, left two days after the trial date, and returned five days later, according to a court document.
"I've never heard of a reputable lawyer, this is disrespectful. She was one inch away from the false witness," HENNEPIN County Attorney Mike Freeman said. "You have to treat with the Court of His is not the course .."
Between Garrett and Howard tensions began months before the May 2 court date. Howard denied a variety of pre-trial motions in a mortgage fraud and Garrett argued that he violated state procedural rules, which in several cases. Garrett then asked Howard removal from the case on the basis of judicial abuses and racial bias against her and her client, and black women.
Garrett, 36, who split his time between Minnesota and Texas, still maintains, "all this fiasco centers in my opinion, that Judge Howard was obviously biased in my case, and that I tried to hold him accountable."
She said, and the evidence shows she was unexpectedly in the hospital overnight on the date set for trial, but took care of another lawyer, appeared on her behalf.
She said she submitted a proposal, affidavits, and several hundred pages of documents Friday before the trial and had every intention appears in court on the day. Garrett also said she would give Howard the medical records and asked court officials to contact the hospital, which they did.
"Whether I was driving at the weekend after my hospital does not matter whether I intentionally did not come to court on May 2," she said Wednesday. "All kinds of charges are preposterous and vindictive.''
Garrett, who runs his law firm based in Dallas, has already lodged a complaint against Howard with the Minnesota Board on Judicial Standards. She worked as a victim lawsuits involving the Interstate 35W bridge collapse and the appendix to the University of St. Thomas University professor and as an adjunct writing instructor at William Mitchell College of Law. She was an honor student at Syracuse University College of Law. William Walker, a fellow lawyer who has known her for several years, said his lawyer is just careful about their work.
The original case involved Efay Martin-Majuro, who was accused of theft, swindle. She is accused of Bolero help Edward and Susan Newell in the $ 2.8 million mortgage fraud scheme involving homes in Minneapolis, Richfield, Brooklyn Park and Champlin in 2005. Bolero and Newell have been convicted. Martin-Majuro pleaded guilty one count of felony theft and will be sentenced Friday.
According to the prosecution of Garrett, which was filed last week, she began to request a continuance of February, May 2 court date. Continuation of the application was refused by Howard in April, and she was ordered to appear in court for the May trial. She missed two mandatory court appearances. After the third day of the delay, she said Howard on the phone she was sick.
Howard then ordered her to appear, May 9, to give testimony to a hearing to show why she did not. But she did not show the court the day and two days later. She claimed that her health prevented her from traveling from Texas Minnesota.
During the hearing before issuing his contempt order, Howard said: "I've never seen behavior like this for 39 years in law, including 20 on the bench It was a flagrant, knowing and intentional .."
The subsequent investigation found that Garrett bought a ticket to Paris April 16, the complaint said. She probably traveled, 4, and returned May 9
Court, Martin agreed to drop Majuro Garrett and be represented by another lawyer Howard confirmed.
The main HENNEPIN County Judge James Swenson said that it is not unusual that a judge of a contempt of court, but that he did not know any lawyer is criminally liable for contempt during his 16 years of promises.
"It is very unusual,''a long time Twin Cities attorney Fred Bruno said." You have to push the referee way past the boiling point.''
Article Source:- http://www.startribune.com/local/minneapolis/136784503.html
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Mika: there is always pressure
11 years ago
