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Wilkes, Foggo Could Face Summer Trial

POSTED: 7:11 pm PDT April 2, 2007
UPDATED: 7:17 pm PDT April 2, 2007

Trial could begin this summer for a defense contractor and a mortgage banker charged in connection with the corruption scandal that sent ex-Rep. Randy "Duke" Cunningham to prison, a judge said Monday.

A grand jury in February indicted Brent Wilkes on conspiracy and other charges and New York-based mortgage banker John T. Michael on obstruction of justice by attempting to influence and impede a federal grand jury investigation.

Wilkes, 52, allegedly provided more than $700,000 to Cunningham, who in return betrayed the public trust by corruptly influencing the appropriations of funds and the execution of government contracts that would help Wilkes' company, ADCS Inc.

Michael, 35, allegedly provided false and misleading testimony regarding Wilkes' role in paying off the $500,000 second mortgage on Cunningham's Rancho Santa Fe home.

Kyle "Dusty" Foggo, 52, the former No. 3 man at the CIA, was charged in a second indictment with conspiring to defraud the United States and its citizens of the right to honest services.

U.S. District Judge Larry Burns said Monday he might set a trial date at the next hearing May 14.

"I intend to move this thing along," Burns said.

Wilkes' attorney, Mark Geragos, said his client wasn't interested in a plea bargain with the government.

"There is no way my client is pleading to anything," Geragos told the judge.

Burns encouraged Assistant U.S. Attorney Phillip Halpern to turn over relevant material to the defense as quickly as possible so attorneys could prepare for trial.

The judge said that the fact that details of the impending indictments were leaked to reporters "was a great mistake in this case."

Burns also expressed concern that the CIA might not allow Foggo to discuss top secret intelligence secrets with his attorney, Mark MacDougall.

The judge told MacDougall to come back to court if the CIA wouldn't allow his client to discuss with him relevant events essential to Foggo's defense.

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