Former Lake Station Mayor Keith Soderquist wants to delay his second criminal trial as he fights to have a new judge assigned.
Attorneys for Soderquist and his wife, Deborah Soderquist, filed a motion Tuesday in the U.S. District Court asking to move their trial from its Nov. 9 start date. The motion was joined by another motion to disqualify U.S. District Judge Rudy Lozano from the case.
The Soderquists were both found guilty on Sept. 11 of using money from his campaign fund and the city’s food pantry to pay for more than 50 gambling trips to the Four Winds Casino in New Buffalo, Mich.
However, their attorneys, Scott King and Lakeisha Murdaugh, filed a motion for a new trial, arguing that Lozano fell asleep at least twice during the case. They also filed to disqualify Lozano in that case, saying he had already denied sleeping.
In the second case, Deborah Soderquist’s daughter, Miranda Brakley, is accused of stealing money from the city when she worked there as a court clerk. Keith and Deborah Soderquist are accused of helping her cover up the crime.
In the new motion to disqualify Lozano in the second case, the defense argues that there’s a reasonable question as to whether Lozano could remain impartial during the second trial, especially as the issues in the first won’t be resolved by then.
The defense also argues in its motion to delay the trial that the media will likely continue to cover these issues as the date of the second trial approaches.
“The publicity could compromise the defendants’ right to have a fair and impartial jury in this case,” the motion says.
Federal attorneys object to the proposed delay, according to the motion.
Lozano has given federal attorneys until Oct. 28 to respond to the motions from the first case for a new trial and to disqualify Lozano.
