Moncier appeals ruling against him - Lawyer also wants to question judge who found him in contempt

Knoxville News Sentinel ^ | 6/2/7 | JAMIE SATTERFIELD

[SmithL]

A prominent Knoxville defense lawyer whose behavior at a recent court hearing has been deemed by a federal judge in Greeneville as criminally contemptuous is fighting back.

Attorney Herbert S. Moncier, through his defense team of Ralph Harwell and John T. Rogers, is asking U.S. District Judge Ronnie Greer to reconsider his decision earlier this week to find Moncier in criminal contempt of court.

But that's not all.

The attorney also wants Greer booted off the bench and into the witness chair. He is asking that U.S. Attorney Russ Dedrick's staff be barred from the prosecution table and, if all else fails, an immediate sentencing hearing.

"Mr. Moncier has obligations to clients and to major trials in various courts from the present date through much of 2008 that may be impacted by this court's order," Harwell wrote on Moncier's behalf.

Greer issued his ruling this week, more than a month after the federal judge held a bench trial on whether Moncier's conduct during a November hearing constituted criminal contempt.

In his ruling, Greer opined that he had repeatedly warned, schooled and counseled Moncier about courtroom decorum throughout a series of trials and hearings Moncier has had in front of the judge on behalf of several clients.

Moncier has countered that he was merely being a zealous advocate, a style of litigation that has won for his clients a range of victories from outright acquittal to conviction on lesser charges.

At the November hearing at issue in the contempt case, Greer and Moncier verbally sparred on several occasions before the judge ordered Moncier to "not say another word" or risk jail.

Moncier responded, "May I speak with my "

Greer ordered him jailed before he could finish the question, ultimately charging Moncier with contempt. In a ruling issued Wednesday, Greer deemed Moncier guilty, saying that Moncier went from pushing up against the line between zealousness and contempt to stepping over it.

Moncier, who could face a six-month jail term as a result, is asking Greer to suspend his ruling and grant the attorney a new hearing - sans Greer on the bench.

"The Court obviously was a witness and made findings on matters that would not have been admissible or presented to a jury unless the Court testified," Harwell wrote on Moncier's behalf. "Mr. Moncier was denied an opportunity to confront and cross-examine the Court at trial in violation of his rights."

Moncier also is pushing for federal prosecutors to be removed from the case. He lists a variety of reasons.

For instance, Moncier has repeatedly locked legal horns with Assistant U.S. Attorney Neil Smith in court battles so contentious that Moncier sought sanctions against Smith, alleging Smith had accused the attorney of laundering drug money. Greer has never ruled on that request.

In the run-up to the contempt hearing, Harwell sought to include Smith as a witness. Smith's wife, who also works in the U.S. Attorney's Office, came to her husband's legal defense, filing a motion to quash the subpoena, records show.

She also sat next to Assistant U.S. Attorney Robert Reeves as he prosecuted the contempt case against Moncier, seating typically reserved for either the lead case agent or a co-prosecutor.

She "evidently" was "acting as co-prosecutor," Harwell wrote.

Moncier also complains that nearly everyone in Dedrick's office has a reason to want him convicted of contempt.

"Mr. Moncier has pending a motion to dismiss the prosecution (in another case) for prosecutorial misconduct," Harwell wrote. "Mr. Moncier represents clients who are being investigated (and) prosecuted by this United States Attorney's office. This court has now ordered the same United States Attorney to (weigh in on) any punishment of Mr. Moncier."

If Greer turns aside all of Moncier's requests, the attorney is demanding an immediate sentencing hearing. Greer had set a hearing for August to allow time for a standard background check.

That delay is unnecessary, Harwell wrote.

"Mr. Moncier's physical, medical, mental and financial conditions are not expected to be issues at sentencing," Harwell wrote.

[SmithL]

Follow-up to: Judge: Moncier guilty of contempt

[KJC1]

I don’t think the judge who has charged him with contempt should be the same judge presiding over the contempt proceedings.

Gee, like he’s going to rule against himself?

[cva66snipe]

Hum and Vassar {remember him he was the one on trial} has his trial delayed by months likely years by this diversion. Herb does nothing in court without a purpose. In the mean time persons in Vassar’s case move away, die, or become less memorable about the case.

[lucytoo]

Apparently you have not read much concerning this. This was a sentencing hearing for Mr Vassar. Mr Vassar has been sentenced. If you need more info on this please feel free to ask. I have followed this from day one..

This is what you can call a government set-up!