Pubdate: Dec. 3, 1999
Source: Chicago Tribune (IL)
Copyright: 1999 Chicago Tribune Company
Contact:  435 N. Michigan Ave., Chicago, IL 60611-4066
Website: http://www.chicagotribune.com/
Forum: http://www.chicagotribune.com/interact/boards/
Author: Todd Lighty

EX-COP'S LAWYER MAY BE CALLED AS WITNESS

Federal prosecutors are seeking the removal of the lawyer for a former
Chicago police officer indicted on charges he ran his own drug gang,
arguing they may call the lawyer as a witness against the ex-cop,
sources said.

Prosecutors investigating corruption within the ranks of the Chicago
Police Department have asked a judge to disqualify well-known defense
lawyer Ralph Meczyk from representing Joseph Miedzianowski, an ex-cop
accused of leading a double life as a drug kingpin, according to sources.

In the government's motion, which was filed under seal, prosecutors
argue that Meczyk has a conflict of interest because of his potential
dual role as a government witness and defense lawyer, said the
sources, who spoke on the condition they not be identified.

Meczyk likely would be called as a witness to address allegations made
by another defendant that Miedzianowski fixed criminal cases for drug
defendants in exchange for cash bribes, sources said the motion
contends. Miedzianowski is charged with drug conspiracy, although the
indictment does not specifically allege fixing cases.

The case-fixing allegations stem from separate drug cases in 1995 and
1997 in which Meczyk represented the defendants. One of
Miedzianowski's current co-defendants, who is cooperating with
authorities, alleged in a plea agreement that Miedzianowski accepted
payoffs to fix the outcomes. The plea agreement does not mention
lawyers participating in the scheme.

In one case, Meczyk's client was acquitted by a jury. In the other,
the defendant pleaded guilty and was sentenced to 6 years in state
prison.

Meczyk, who has not been accused of any wrongdoing, declined to
comment as did federal prosecutors.

If prosecutors developed information of a potential conflict for an
opposing lawyer, they must bring it to the attention of the court,
said Vivien Gross, a law professor specializing in legal ethics at
Chicago-Kent College of Law.

By doing so, the prosecution takes away a potential post-trial appeal,
Gross said. At the same time, the prosecution also could reap a
potential strategic benefit if the defendant must get a new lawyer,
she said.

"If a lawyer is going to be a necessary and material witness, he
shouldn't also be the defense lawyer," Gross said. "But the judge has
a lot of discretion and can determine there are less drastic ways to
get a lawyer's testimony without disqualifying him."

If the judge agrees with the prosecutors' request that Meczyk be
disqualified, the trial scheduled for mid-February could be delayed
for months while Miedzianowski tries to find a new lawyer.

Miedzianowski, a 22-year police veteran, was arrested nearly a year
ago on charges he ran a Miami-to-Chicago drug ring that distributed
more than 220 pounds of powder and crack cocaine in Chicago from 1995
through 1998.

He resigned in June to tap into his police pension to help pay for his
defense.

According to the plea agreement by Rolando Otero, Miedzianowski
allegedly pocketed payoffs of more than $40,000 to help fix Circuit
Court criminal cases for several drug traffickers. Otero said he has
known Miedzianowski for years and had told arrested drug dealers that
he knew a police officer "who could help them." 
- ---
MAP posted-by: Derek Rea