Milberg Weiss Trial Will Not Move To New York, Judge Decides
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A renowned class-action lawyer, Melvyn Weiss, and his firm, Milberg Weiss LLP, have lost their bid to have their trial on racketeering and fraud charges moved to New York from Los Angeles.
Judge John Walter ruled yesterday that a change of venue was not warranted because he has already invested significant time in the case and many witnesses indicated they would prefer to testify in California.
Mr. Weiss and his firm, who have pleaded not guilty, are accused of involvement in a scheme to make secret payments to investors to serve as plaintiffs in securities lawsuits. Defense lawyers argued that the case should be heard in New York because many of the actions and conversations alleged in the indictment took place in the city.
“This is not a case in which the jurors might benefit from a visit to a crime scene or might require some understanding of local geography or culture,” Judge Walter wrote.
In a written statement, Mr. Weiss’s attorney, Benjamin Brafman, said he was disappointed in the judge’s ruling. “Nevertheless, I remain confident that no jury, whether sitting in New York or in Los Angeles, once it has the opportunity to hear all of the evidence to be presented in this case, will ever convict such an extraordinary man as Melvyn I. Weiss,” Mr. Brafman added.
A trial in the case is set for August 2008.
