After weeks of issuing quiet warnings to the attorney defending Imelda Marcos, the judge in the former Philippine first lady's racketeering trial erupted Wednesday in a 20-minute tirade over the lawyer's courtroom tactics.
U.S. District Judge John Keenan directed his fury at Gerry Spence, of Jackson Hole, Wyo., after the attorney once again drawled out, "I haven't seen . . ." as the prosecution produced another exhibit."Look," said a ruddy Keenan, his face become redder as he jumped from his chair, slammed a bundle of papers down on the bench and boomed, "Stop that!"
"You've been provided with the documents," Keenan lectured Spence, who belatedly joined the defense team in March.
The judge reminded the attorney that when Spence says "I haven't seen (certain documents)" that have been provided under federal regulations for the conduct of criminal trials, he misleads the jury.
Keenan has cautioned Spence outside the hearing of the jury about making such claims before the panel. "If you do it again," warned Keenan, "I will take appropriate action," a clear reference to a contempt citation.
"Don't make misleading statements in front of the jury," the judge said in front of the jury. "You are acting in a way that could conceivably harm your client, which you shouldn't do."
Marcos is being tried on charges that she and her late husband, former Philippine President Ferdinand Marcos, conspired to buy New York real estate, art and jewelry with $222 million stolen from their homeland.
Spence said he meant to say that he had not had time to study the exhibit that set off Keenan's temper, a diary, belonging to Robert Shaheen, a 25-year associate of Adnan Khashoggi, a co-defendant of Marcos.
Spence looked through two diaries introduced as evidence and then asked for a sidebar conference, after which Keenan excused jurors.
"You have the audacity to move for a mistrial?" asked Keenan after the jury left the courtroom.
Spence began giving his reasons and complained of disrespect from the judge.
"I've given you more courtesy than you've given the court," Keenan snapped.
"I have repeatedly said `I have not seen,' that's true," said an obviously hurt Spence, almost apologetically. "What I meant is I haven't had time to study them. I care about my client."
"I care about the administration of justice," blurted the judge.
In an almost sing-song voice, the judge advised Spence that if he did not have time to do his homework and could not conduct himself more appropriately in the courtroom, maybe "you never should have gotten involved in this trial."
"I've conducted myself in this courtroom with the utmost respect for your honor," said Spence.
"I question that," interjected Keenan sarcastically.
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Imelda is rushed to hospital
Imelda Marcos slumped forward at the defense table during her fraud trial Thursday, her mouth and nose bleeding, and was rushed to New York Hospital. The former Philippine first lady uttered a faint cry before she collapsed, and attorneys and family members rushed to her aid. She was taken, apparently unconscious, out a side door on a stretcher to an ambulance, an oxygen mask on her face. It was the third time in the past month that Marcos became ill in court, prompting the judge to call a recess.