Pubdate: Wed, 25 May 2005
Source: Gary Post-Tribune, The (IN)
Copyright: 2005 Post-Tribune Publishing
Contact:  http://www.post-trib.com/
Details: http://www.mapinc.org/media/827
Author: John Grant Emeigh,  Post-Tribune staff writer

RULING REVERSES GARY LAWYER'S CONVICTION

A federal judge this week reversed the money laundering conviction of Gary 
Attorney Jerry Jarrett, accusing the government of vindictive prosecution. 
Jarrett's acquittal prompted one of his former clients, Dr. Jong Hi Bek, to 
request a mistrial Tuesday in his federal drug trial.

Bek is in the middle of a trial on 27 counts of of conspiring to illegally 
distribute prescription drugs and health-care fraud. Jarrett was 
representing Bek in this case, but had to withdraw about 18 weeks prior to 
the trial after being indicted himself.

In a 38-page opinion released Monday, U.S. District Judge William Lee ruled 
that the government was overzealous in its prosecution of Jarrett. Jarrett 
filed an appeal claiming vindictive prosecution after a jury found him 
guilty in December on six money laundering-related charges.

The basis for Jarrett's argument for dismissal was prosecutors brought 
charges against him in order to remove him as counsel for Bek. Prosecutors 
argued that it was a conflict of interest for Jarrett to represent Bek in a 
federal case.

Lee found that when the court denied removing Jarrett as Bek's attorney, 
the government sought an indictment against Jarrett. The superseding 
indictment forced Jarrett to withdraw as counsel for Bek.

As a result of Lee's ruling, Bek is now seeking to have his case dismissed 
or retried.

Bek claims in Tuesday's three-page motion for dismissal that the government 
interfered with his attorney/client relationship in an attempt to hinder 
his defense. The Gary doctor said he was forced to take on a 
court-appointed attorney, Clark Holesinger, and he didn't have enough time 
to establish and adequate defense.

Holesinger wasn't available for comment Tuesday afternoon.

According to Lee's opinion, prosecutors "suffered an embarrassing and 
highly-publicized setback" in 2003 when Jarrett got murder charges dropped 
against Bek in Lake County Superior Court. When federal charges were later 
brought against Bek, federal prosecutors tried to have Jarrett removed from 
Bek's defense table.

Lee also pointed out that Assistant U.S. Prosecutor Susan Collins, who 
argued for Jarrett's removal, was employed as a prosecutor in the Lake 
County Court in 2003 when Jarrett successfully squashed the murder charges 
against Bek.

Lee said in his opinion that Jarrett effectively proved vindictiveness 
"short of getting a verbal confession" from prosecutors.

The judge also noted that the government's star witness in the case against 
Jarrett, Gregory Goode, was a major flop.

"Goode ranks as one of the worst witnesses to ever take the stand on the 
government's behalf. Jarrett, during his cross-examination of Goode, fully 
displayed that Goode is an absolute liar and will say whatever benefits him 
at the moment," Lee wrote.

Goode testified during Jarrett's trial last year that Jarrett organized a 
business transaction to hide some of Goode's illegal drug proceeds during 
the summer of 1999.

Goode, who is serving prison time on separate money laundering charges, 
claims he gave Jarrett $25,000 in cash from his drug proceeds, some of 
which the attorney converted into checks and returned to Goode.

Carlos Ripoll, a former drug trafficker associated with the Zambrana crime 
family, also testified that Jarrett knowingly tried to launder $67,000 of 
his drug proceeds in 1999.

Jarrett didn't return phone message left at his office and home for comment 
Tuesday.
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