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- LAW, Page 91Hangovers from a Party Line
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- Was Noriega's Sixth Amendment right to counsel violated?
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- Since the U.S. military invaded Panama last December and
- brought back General Manuel Noriega for trial in Miami on
- drug-trafficking charges, the former dictator has had just one
- link to the outside world: a beige telephone sitting on a shelf
- outside his cell at the Metropolitan Correctional Center. The
- phone has two little stickers attached, one in Spanish, one in
- English, warning him that all calls are monitored. If Noriega
- wants to make a call, a guard dials the number and waits for a
- reply before handing over the instrument. Only conversations
- with Noriega's defense lawyers are deemed immune from
- wiretapping, and Noriega must notify authorities in advance of
- those conversations. That right to privacy has been judged by
- the courts to fall under the protection of the Sixth Amendment,
- which guarantees defendants the right to counsel.
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- Has Noriega's Sixth Amendment right been violated? Last
- week his lawyers were loudly claiming so and seeking to have
- Noriega's case dismissed. The action came after the Cable News
- Network revealed that it had obtained jailhouse tapes of phone
- conversations between the deposed leader and his American
- lawyers. CNN aired tidbits of Noriega speaking with a Panamanian
- buddy named "Lucho," and another that referred to the CIA,
- President Bush and Noriega's legal strategy. Noriega's
- flamboyant defender, Frank Rubino, pronounced himself "totally
- startled and horrified" at the government's snooping. He said
- the taping "without a doubt" violated Noriega's attorney-client
- confidentiality.
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- Rubino won a 10-day restraining order barring the network
- from airing further tapes. CNN appealed the order, then defied
- it, broadcasting a conversation between Noriega and a private
- investigator on his defense team. On Saturday the Court of
- Appeals for the 11th Circuit rejected CNN's appeal of the
- restraining order. At the same time, Rubino sought a contempt
- ruling against the network.
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- The controversy placed an added burden on U.S. Federal
- District Judge William Hoeveler, who is supposed to try
- Noriega's case in January. Earlier in the week, the judge had
- decried his "unfortunate and difficult task of resolving a
- conflict between two fundamental constitutional rights," the
- right to counsel vs. the "sacrosanct" First Amendment freedom of
- the press from prior restraint.
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- The U.S. Attorney's office prosecuting Noriega has denied
- hearing the CNN tapes or even seeing transcripts. Said Robert S.
- Mueller, assistant to the Attorney General: "Public reports that
- the government has improperly taped telephone calls between
- Noriega and his counsel are false."
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- Prison officials say all calls are recorded unless inmates
- inform them beforehand of a confidential client-lawyer
- conversation. The FBI is investigating the authenticity of the
- tapes. Hoeveler, in the meantime, has ordered a U.S. magistrate
- to determine if the recordings contained anything that damaged
- Noriega's case.
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- CNN'S revelations raise yet again the question of whether
- Noriega can get a fair trial. Attorney Rubino thinks not: he
- plans to file this week for dismissal of the case, citing
- violation of Noriega's attorney-client privilege.
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- By Cathy Booth/Miami.
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