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Paul Egan / The Detroit News
Detroit -- A defendant in the Highwaymen Motorcycle Club trial who is to have open heart surgery today has waived his right to face his accusers and will now be tried in absentia, a federal judge has ruled.
On Monday, U.S. District Judge Nancy G. Edmunds declared a mistrial in the six-defendant racketeering trial for Michael "Cocoa" Cicchetti, who had a heart attack last weekend. But in an order filed today, Edmunds reversed that order and said Cicchetti is back in the trial after he agreed from his hospital bed to waive his right to appear in court.
The decision by Edmunds to try Cicchetti in absentia was over the objections of prosecutors, who fear juror empathy for Cicchetti's medical condition, could influence a verdict.
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When told Monday about Cicchetti's heart attack, "many jurors, in their body language and facial expressions, rightly expressed concern for Mr. Cicchetti," Assistant U.S. Attorney Christopher Graveline said in a court filing.
"It is only natural for the jury to feel sympathy for Mr. Cicchetti's condition, and this sympathy may well play into its consideration of the evidence against Mr. Cicchetti especially in light of his defense that he is a sick, harmless older man who is only guilty of loving motorcycles and cocaine," Graveline said.
Sanford Plotkin, Cicchetti's attorney, asked for the trial in absentia after Edmunds rejected his request to delay the trial for four weeks to allow Cicchetti time to recuperate.
Cicchetti is satisfied with the jury and the way the trial is proceeding and feels this trial is his best chance for a just verdict, Plotkin said today.
Cicchetti, 55, of Dearborn Heights, is charged with racketeering, drug dealing conspiracy, assault, transporting stolen vehicles and a weapons offense.
The trial for him and five other alleged club leaders began April 1 and is expected to continue another two to three weeks.
The trial is the first phase of a government prosecution involving more than 80 alleged club members and associates. The case stems from a long-running investigation by the FBI.
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