TINA MARKOE KINSLOW/Courier-Post Camden Mayor Milton Milan shakes hands with his attorney, Carlos Martir Jr., at the federal courthouse on Friday.

Judge denies Milan's request to fire lawyer

By CLINT RILEY
Courier-Post Staff
CAMDEN

On the eve of closing arguments in his federal corruption trial, Camden Mayor Milton Milan asked to fire his lawyer, dismiss the jury and begin anew.

U.S. District Court Judge Joel Pisano refused to grant any of Milan's requests during a hastily called hearing on Friday. The judge decided against appointing Milan a federal public defender, ruling that the more than month- old trial will go forward as scheduled with the same lawyers, the same evidence and the same jury when closing arguments begin on Monday.

Milan, 38, argued in a 12-page motion he filed in federal court at 8:37 a.m. on Friday that his three-man defense team - particularly lead defense counsel Carlos Martir Jr. - had ignored his wishes, failed to prepare and ineffectively represented him during his trial.

The judge found Milan's 11th-hour move to start fresh an "extraordinary" request without legal merit.

"I am denying it because I do find that this defense - that this argument - is being made for the purpose of delay," Pisano said. "There is no question that a defense has been afforded to him. And based upon the fact that we are on the eve of the conclusion of trial, I am going to safeguard not only the judicial resources which have been expended, but also the resources of the government, of the public in general and of the jurors who have sat reliably and in a timely fashion in this case."

Following the judge's ruling, Milan and Martir met for nearly an hour behind closed doors in the courthouse. The discussion at times became heated and could be heard in the hallway outside the room.

Then Milan emerged and proceeded to tell the judge he wanted to withdraw his earlier motion to oust Martir and the jury, a move that carried no legal significance.

A usually cool and confident Milan said outside court that his unexpected action and lack of composure on Friday was prompted by frustration brought on by his continual persecution by federal authorities and the media.

"The human side of Milton Milan was displayed today," he said.

Martir, a former federal prosecutor, said the pressure had clearly gotten to his client.

"I think he is having an emotional breakdown," Martir said before meeting privately with Milan. "Perhaps reality has set in."

Milan is facing 19 criminal charges which, if he is convicted, could put the mayor in prison for more than a decade. Federal prosecutors spent 15 days during the past month presenting evidence they contend shows Milan laundered drug money, pillaged a campaign fund, extorted a campaign contribution and accepted more than $30,000 in bribes from the Mafia and city contractors.

Martir said he feels "confident" with the defense he presented during the trial. The defense by Martir and co- counsel Franklyn Perez and John D'Intino consisted largely of the cross-examination of witnesses. In presenting their side of the story, the defense called two witness and three character witnesses on Milan's behalf. Their case lasted less than two hours.

Milan maintained in his 48-point motion filed Friday that Martir and Perez spent less than 10 hours preparing his defense and failed to introduce evidence and call witnesses he wanted to testify in his defense. Milan decided not to testify in his own behalf.

"When your life depends on whether or not you have a fair opportunity to be heard, your honor, you will do exactly what I did here today," Milan told the judge in a rambling argument. "You will put forth together the record, you'll put forward together the facts as they occurred.

"It's clear, it's clear that I have not been given a fair opportunity ... to defend myself, knowing that I have no experience in any court situation, knowing this is the first time in my life I'm facing any indictment, let alone a 19-case indictment, your honor - to have what I consider an ineffective counsel, your honor."

Milan's concerns with his defense were a surprise to Martir, who like prosecutors, was contacted by the judge after the mayor filed the court papers.

"I believe that during the five weeks or so that we've been involved in this trial, no word has ever been communicated to me or co-counsel of my client's dissatisfaction," Martir told the judge. "Apparently, perhaps, there's something happening with my client emotionally, but as far as this case is concerned, I am prepared to sum up. I believe that we have rendered an effective, vigorous defense in this case."

Assistant U.S. Attorneys Mary Futcher and Renee Bumb agreed Martir had done an effective job. They argued that Pisano should not grant Milan a new lawyer or trial.