Prosecutors ask judge to consider disqualifying Kerik's attorney

[maddezmom]

Source: AP

WHITE PLAINS, N.Y. - The wide-ranging criminal case against former New York City Police Commissioner Bernard Kerik may feature some unusual prosecution witnesses: the defendant's own lawyers.

Federal prosecutors asked a judge Thursday to consider disqualifying Kerik's current lawyer, saying he has a potential conflict of interest because he could be called as a witness. They said they also intended to call a former Kerik attorney.

Kerik _ a Rudy Giuliani protege whose career peaked with his doomed 2004 nomination to be the nation's director of Homeland Security _ made admissions to current attorney Kenneth Breen that constituted obstruction of justice and were therefore not covered by attorney-client privilege, prosecutors said.


In a 12-page letter, U.S. Attorney Michael Garcia asked Judge Stephen Robinson to appoint a new lawyer who would advise Kerik about Breen's potential conflicts of interest and to consider disqualifying Breen. A hearing was scheduled for Dec. 13.




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