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Prosecutors seek order to get access to Shepherd's Senate computer
04:16 PM CDT on Wednesday, August 6, 2008
Federal prosecutors in the money laundering case against a state senator are seeking a court order for copies of the lawmaker's calendar stored on his Senate computer.
In court papers filed Wednesday, prosecutors said they want the Senate to turn over copies of Sen. Derrick Shepherd's calendar from September 2006 through December 2006. U.S. District Judge Carl Barbier didn't immediately rule on the request.
Shepherd's attorneys told prosecutors that he no longer has the calendars in his possession and they could only be obtained from legislative officials, according to Assistant U.S. Attorney Michael Magner.
Magner said the documents requested from the Senate "will provide possible evidence for use at trial." U.S. Attorney Jim Letten, through a spokeswoman, declined to elaborate.
Shepherd is charged with helping an unlicensed bond broker, Gwendolyn Joseph Moyo, launder money to conceal her illegal operation of an insurance business.
During a hearing Wednesday, one of Shepherd's lawyers expressed concern that the potential jury pool for the case has been tainted by extensive media coverage of his recent arrest on charges he assaulted his girlfriend.
Defense attorney John Reed stopped short of asking Barbier to postpone the Marrero Democrat's October trial. However, Reed said media coverage of Shepherd's arrest last month could pose a problem in picking an impartial jury.
"We did not want our silence to be construed that we do not have a concern," Reed told Barbier.
Barbier said he plans to use a detailed questionnaire to weed out potentially biased jurors.
Magner said any damage to Shepherd due to bad publicity comes from "self-inflicted wounds."
"No doubt about that," said Barbier, who added that Shepherd's recent arrest had "little or nothing to do with the case" he faces in federal court.
"We have 60 days to let the dust settle," Magner said. "I think it will settle."
A magistrate has ordered Shepherd to be confined at home, subject to electronic monitoring, while he awaits the Oct. 6 start of his trial. His is free to leave home for work, church and emergencies but needs permission from court officials to leave greater New Orleans.
Moyo, who is representing herself even though she isn't a lawyer, said she wants to be tried separately from Shepherd because she worries about being "hurt by the bad publicity" stemming from Shepherd's arrest. Barbier, however, said he won't order separate trials.
Shepherd, a lawyer, was indicted in April on charges that include conspiracy to commit money laundering.
He was arrested July 26 on charges he broke into his girlfriend Thaise Ashford's home, punched her in the stomach and stole her cellular phone and $100. Ashford, however, recanted much of the story she told investigators on the night of the alleged assault.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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