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E.D.N.Y.: Simels's associate's JNOV explained

By John Wesley Hall, Jr.

Arienne Irving, Robert Simels's associate and co-defendant, had her acquittal by the judge after verdict explained in an order filed yesterday, on Law.com: In Rationale for Acquitting Attorney, Judge Says Proof of Role in Witness Intimidation Fell Short: The judge found that although the evidence may have suggested that Irving was “present at various times while … criminal conduct was under way,” no rational juror could have concluded that the government proved beyond a reasonable doubt that Irving “had the knowledge and intent necessary to establish her participation” in the scheme between her boss, Robert Simels, and his client, Shaheed Khan, to tamper with witnesses. "[D]espite her close physical proximity to Simels in his small law offices, and despite her close working relationship with him on the Khan case, Irving was not present for the criminal interactions between Simels and [cooperating witness Selwyn] Vaughn," Gleeson wrote in United States v...continue to full post

Full post as published by Law Of Criminal Defense on February 10, 2010 (boomark / email).