Michigan, Attorney acquitted of biker-club drug charges

OFF THE WIRE
BY: Tresa Baldas
Source: freep.com

A federal judge today acquitted attorney Tim Attalla of helping the Highwaymen Motorcycle Club carry out a drug business.
U.S. District Court Judge Nancy Edmunds concluded there was insufficient evidence to prove that Attalla was part of any drug conspiracy, or that he ever served as general counsel to the group.
Attalla, an attorney with Miller Canfield, was tapped by Detroit Mayor Dave Bing last year to sit on a crisis management committee two days before he was indicted on charges he helped the biker club carry out a drug business.
But Edmunds said today that she was not convinced, beyond a reasonable doubt, that Attalla was part of any drug conspiracy.
“I don’t believe a jury would convict Mr. Attalla based on the evidence that I heard in court, and I’m not going to, either,” Edmunds said from the bench.
After the judge’s ruling, Attalla was greeted with hugs and smiles from numerous attorneys who came to show support for him. Outside court, a visibly relieved Attalla said that he needed some time to reflect on what had transpired over the last year. As for the prosecution, he would only say, “It should have never happened.”
During the bench trial, federal prosecutors had argued that Attalla helped Aref (Scarface) Nagi, a former vice president of the motorcycle club, carry out a drug conspiracy. They said that Attalla advised Nagi on how to commit crimes without getting caught, and, provided him with Viagra and Vicodin pills on at least two occasions.
Nagi was convicted of racketeering in June.
According to the indictment, Attalla helped Nagi by advising "arrested individuals to keep silent regarding Nagi's involvement in the drug conspiracy, by supplying Nagi with a variety of different pills and by acting as general counsel for the enterprise," according to the indictment.
During trial, former bike club members testified that Attalla hung out at strip clubs with Nagi and supplied him with Viagra. Prosecutors also played taped phone conversations between Attalla and Nagi, including one phone call in which Attalla described to Nagi advice he gave a drug defendant during a jail visit: "I said, 'You make sure that if they come in and try to talk to you, you tell them you don't want to talk without your attorney being present.'"
But simply advising a jailed defendant to remain silent is far from criminal, defense lawyers had argued, stating in court documents that Attalla "did nothing more than advise a criminal defendant of his Fifth Amendment right to remain silent in the face of accusations against him."
“They proved nothing – zero,” Miller Canfield attorney Thomas Cranmer, who represented Attalla, said during closing arguments today.
Cranmer also noted that just because Attalla made some bad choices that caused him some embarrassment, that doesn’t mean he engaged in illegal activity.
“Could he have chosen better friends – no question,” Cranmer said. But, he stressed, “there is no evidence in this case – none – that proves the essence of the government’s allegations.”
After his client’s acquittal, Cranmer said: “We are very pleased with the ruling. We believe justice was done.”
After Edmunds announced her ruling, Assistant U.S. Attorney Diane Marion, who prosecuted the case, walked over and shook hands with Cranmer and Attalla. She was not available for comment.
Attalla, who joined Miller Canfield in 2006 – after the alleged crimes took place –was placed on administrative leave after being indicted. He is now back with the firm.
In addition to being named to Detroit’s turnaround team last year by Bing, he has served on various local, Wayne County and state boards. A member of the Arab American Republican Club, he was appointed by then-Gov. John Engler to two 4-year terms on the state Civil Rights Commission from 1991 to 1998.