OAKLAND — Within the newest staggering twist to an unpredictable case, a federal choose has forcibly eliminated an ex-Antioch cop’s prison protection legal professional, brazenly doubting her competence and “candor with the court.”
The ruling by Senior U.S. District Choose Jeffrey White is a rarity in prison legislation; it got here after three weeks of authorized drama, accusations, and ominous indicators, beginning with the abrupt finish of a high-profile trial behind locked courtroom doorways.
On Tuesday, all of it got here to a head. White discovered that Los Angeles-based lawyer Nicole Lopes was unfit to symbolize her consumer, former officer Devon Wenger, in a conspiracy and civil rights trial that had been anticipated in Could. White voiced his resolution by way of a sluggish crescendo of criticism geared toward Lopes over her public statements and actions within the days after White granted Wenger a mistrial, at Lopes’ insistence, earlier this month.
“There is nothing before the court whatsoever from which the court could infer that Ms. Lopes will adequately prepare herself next time around even with the benefit of co-counsel,” White mentioned. He later acknowledged Wenger and Lopes’ mutual need for her to remain on the case, however added, “just as Mr. Wenger would be unable to select a non-attorney for trial, he cannot select an attorney who has so greatly failed in her duty of competence and duty of loyalty.”
However White didn’t cease there; he described Lopes’ failure to reply to court docket orders to indicate trigger. He mentioned the matter could be referred to the state bar for potential self-discipline, and that there may very well be future hearings “to determine whether (Lopes) is in criminal contempt of this court.”
Reached for remark Thursday, Lopes defended her actions and prompt White was biased in opposition to her, as a lady and a Latina. She took specific difficulty with White’s suggestion she was dishonest when she requested for a mistrial.
Wenger’s trial is now set for July, however White mentioned he’s ready to postpone it once more if Wenger’s new lawyer wants extra time to arrange.
White’s descriptions run opposite to the expertise of her recently-retained employment lawyer, George Aloupas, who has recognized her for years. Aloupas described her as a “brilliant go-getter” with a strong monitor document, “extremely talented, bright, competent,” and worthy of admiration.
A choose eradicating a lawyer on this trend is “very unusual” however not unparalleled, mentioned Rory Little, a professor at UC Legislation San Francisco, who reviewed court docket filings earlier than a Thursday interview.
“The judge in this case has taken some care to figure out what to do next,” Little mentioned. “He’s going step by step …This is happening with a fair amount of careful deliberation.”
Wenger was considered one of 14 ex-East Contra Costa cops charged in 2023 as a part of an enormous corruption probe led by the FBI and Contra Costa District Lawyer. He’s the one one who hasn’t been convicted of a criminal offense, however faces two pending felony indictments set for trial quickly — this case, and one other alleging steroids distribution.
The trial for Wenger and his co-defendant, Morteza Amiri, started March 3. However simply three days in, Lopes requested a mistrial, citing her personal struggles together with her psychological well being, excessive lack of sleep, and her agency’s failure to ship a staffer to assist put together for the complicated case; she predicted she’d be fired for talking up about her challenges.
“In my heart of hearts, I have made my record,” Lopes, who additionally goes by Nicole Castronovo, mentioned on the March 5 listening to. “I have aired all my dirty laundry. Although I may seem a personable person, I’m incredibly private.”
White listened to her, prosecutors, and Amiri’s attorneys for almost two and a half hours earlier than “reluctantly” granting a mistrial. He stored the associated court docket order and transcript underneath seal. However then, with Amiri’s trial nonetheless underway, Lopes appeared on a podcast that modified the whole lot.
On the Police Applicant Podcast, Lopes complained that White denied her prior try to sever Wenger’s case from Amiri’s, and mentioned the mistrial was the “best” final result for Wenger, as he would by no means be re-tried with a co-defendant once more. She referred to herself as a “fixer,” including, “you name it, I’ve done it,” and mentioned, “no one saw the mistrial coming because everyone thought I was a (expletive) idiot.”
White recounted her statements Tuesday, and famous that whereas Amiri was convicted of two counts — violating a person’s civil rights and falsifying data — the jury acquitted him of three others, together with conspiring with Wenger. Which means the mistrial, “may have deprived you of a favorable outcome at trial with respect to the conspiracy charge,” White advised Wenger on Tuesday.
“Ms. Lopes’ comments implied that she made serious misrepresentations to the court regarding her abilities and her mental state,” White mentioned. “Ms. Lopes’ actions, whether strategic or genuine, had the effect of visiting prejudice on her client and Mr. Amiri.”
On Thursday, Lopes fired again, calling White’s resolution to unseal a transcript of the March 5 listening to “especially cruel,” provided that she divulged private particulars about her previous. White issued the unsealing order solely after ordering Lopes to reveal why he shouldn’t unseal it, warning her of the results, and noting her failure to reply.
“All I did was tell the truth,” mentioned Lopes, including that she put her consumer’s pursuits above her personal. “I did the ethical thing, and now look at how I’m being punished.”
As for Wenger, on the March 5 listening to the fight veteran, who served in Pakistan, agreed Lopes was “combat ineffective” as an legal professional, but mentioned he nonetheless believed in her. He blamed Lopes’ agency’s lack of assist, not her, utilizing one other army analogy to elucidate how he’d be reluctant to belief one other lawyer in a case so consequential for his future.
“Especially in combat I have seen people who I thought were going to be solid and they just crumble when the IED gets off or when you start getting a complex ambush or start taking sustained fire,” Wenger mentioned. “I have a very high opinion of Ms. Lopes and I trust her wholeheartedly.”
On Tuesday, White appeared to name again to those remarks, and addressed Wenger on the listening to’s finish.
“You may be an expert in your field. I’m an expert in this field, and she is not competent to represent you,” White mentioned. “She will hurt you.”
