The New York Times-20080125-Judge Removes Lawyer For Kerik From His Case
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Judge Removes Lawyer For Kerik From His Case
The lawyer for Bernard B. Kerik, the former New York City police commissioner, has been removed from Mr. Kerik's criminal case in federal court because of a conflict of interest so severe that no remedial measure will cure it, according to a judge's order issued Thursday.
The lawyer, Kenneth Breen, was barred from representing Mr. Kerik because he took part in negotiations leading to a guilty plea by Mr. Kerik in a prior case in State Supreme Court in the Bronx and could be called as a government witness in the current case, the judge's order said.
At the heart of the federal case are allegations that a construction company with suspected ties to the Mafia paid for renovations at Mr. Kerik's home in the Bronx in the hopes that Mr. Kerik would help it obtain a city license.
Some of the federal charges are based in part on the case brought against Mr. Kerik last year by state prosecutors in the Bronx, who allowed him to plead guilty to reduced misdemeanor charges of accepting the renovations and failing to disclose a $28,000 loan to help buy the apartment. Under the plea, Mr. Kerik avoided jail time but was ordered to pay $221,000 in fines and penalties.
In his order, Judge Stephen C. Robinson of Federal District Court in White Plains, where the new case will be heard, took note that Mr. Breen had represented Mr. Kerik in his dealings with the Bronx district attorney's office and the city's Department of Investigation. Prosecutors said that statements made during those interactions formed the basis for some of the new allegations and that Mr. Breen could be called as a witness in the case.
According to the judge's order, the city's Code of Professional Responsibility generally forbids lawyers from serving both as advocates and witnesses in the same matter. Mr. Kerik was ordered to find a new lawyer within 30 days. Mr. Breen said, Mr. Kerik is disappointed with the decision and is currently reviewing all of his options.
[Illustration]PHOTO: Kenneth Breen