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U.S. v. Vertuccio

Plea Defendant's Lawyer Is Disqualified From Also Representing His Codefendant at Trial

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MEMORANDUM OPINION

*1  Vincent Vertuccio and John Servider were charged by indictment with a number of crimes, including conspiracy to obstruct a grand jury investigation relating to the other charged offenses. ECF Dkt. No. 1. Due to unforeseen, unforeseeable, and unfortunate developments, amidst preparation for trial and following preliminary motion practice,1 Servider sought representation by Attorney James Froccaro, who represents Vertuccio. The relevant circumstances arose after Vertuccio had eschewed trial, which had happened months before, when he entered into a plea agreement with the government. His guilty plea was allocuted by the Court on April 12, 2017. See ECF Dkt. No. 116, Minute Entry for Apr. 12, 2017 Plea. Upon learning of Servider’s new counsel plan, the government moved to disqualify Attorney Froccaro as Servider’s trial counsel. On November 8, 2017, the Court granted the government’s motion after a hearing for reasons then stated on the record. See Minute Entry for Nov. 8, 2017. Given the delicate balancing required to justify denial of a defendant’s right to be

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