For those of you waiting in suspense to see whether the 4 ft 10" Heavy Hitter, Glen Lerner, will be disbarred or incarcerated for failing to show up at the first day of his client's murder trial, the action picks up again this week.Lerner has been ordered by Judge Leavitt to show up in court this week and explain his absence.
The Review-Journal reports:
Deputy Public Defender Tim O'Brien said Tuesday that he will issue a subpoena to Lerner ordering him to appear in court on March 25. O'Brien, who now represents Lino, said Lerner provided inadequate representation during the July 2007 hearing by not cross-examining prosecution witnesses.
O'Brien is asking District Judge Michelle Leavitt for a new preliminary hearing. "Counsel's performance here was ineffectual," he said during a Tuesday hearing.
Judges Leavitt confirmed that Lerner would appear this week to give an explanation and asked if O'Brien wanted that information so he would know where to serve Lerner with the subpoena. O'Brien agreed, noting:
"It's hard to track down a rock star," O'Brien said.
I think the Heavy Hitter should try his trademark hard negotiation style with Judge Leavitt. For example, he could argue "Listen judge, I wasn't here and I didn't need to be. That's all I'm gonna say, except being a rockstar is hard." I'm sure that will work.
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