Opinion
NO. 3:10-cr-00260-10
03-07-2012
UNITED STATES OF AMERICA v. YASIN AHMED FARAH
Respectfully submitted, ROGER N. "BO" TAYLOR Attorney for Yasin Ahmed Farah
JUDGE HAYNES
MOTION TO DISQUALIFY PROSECUTOR
Comes the Defendant, Yasin Ahmed Farah, through undersigned counsel, and moves the Court to issue an order disqualifying Van Vincent, Assistant United States Attorney, as prosecutor in the above styled case. For grounds, the Defendant avers that Mr. Vincent will be called by the defense as a witness. The Defendant asserts that Mr. Vincent is a necessary witness. Specifically, Mr. Vincent's testimony will bolster Mr. Farah's testimony at trial. Credibility will be the paramount issue before the jury inasmuch as Mr. Farah is charged with perjury, obstruction of justice and attempted obstruction of justice of an 18 U.S.C. 1591 prosecution.
It is well established that an attorney representing the government cannot act both as prosecutor and witness. United States v. Johnson, 690 F. 2d 638, 642, 43 (7th Cir.1982) (en banc).
For additional grounds, the Court is referenced to the memorandum filed contemporaneously with this motion.
Respectfully submitted,
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ROGER N. "BO" TAYLOR
Attorney for Yasin Ahmed Farah
CERTIFICATE OF SERVICE
I hereby certify that a true and exact copy of the foregoing has been served on Van Vincent, Assistant United States Attorney, by the Court's ECF/electronic filing system, and to Yasin Ahmed Farah by United States Mail, on this 11th day of January, 2012.
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ROGER N. "BO" TAYLOR