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News (Media Awareness Project) - US AR: Johnson Attorney Disqualified In Federal Drug Case
Title:US AR: Johnson Attorney Disqualified In Federal Drug Case
Published On:2001-01-26
Source:Hope Star (AR)
Fetched On:2008-01-28 16:06:00
JOHNSON ATTORNEY DISQUALIFIED IN FEDERAL DRUG CASE

TEXARKANA -- U.S. District Judge Harry F. Barnes on Thursday disqualified
Hot Springs attorney Kyle Tate from representing accused drug trafficker
Elbert "Cricket" Johnson, who was arrested near Hope in alleged possession
of $125 million worth of pure grade cocaine.

Judge Barnes told the Hope Star in a telephone interview from his Texarkana
federal court office, that he disqualified Tate based on a conflict of
interest. "There was a conflict between Mr. Tate and a previous client that
he had," Judge Barnes said. "He was representing Johnson and he was
representing this other person."

Judge Barnes said he was "not at liberty" to identify the "previous client"
or the nature of the previous client's case other than to say that case is
drug-related.

According to U.S. District Court information, Johnson had been scheduled to
stand trial in federal court on Feb. 26 on a trio of federal drug-related
charges stemming from the Sept. 19 drug bust by the Arkansas Highway Police
at a weigh station near Hope. Some $125 million worth of pure grade cocaine
was allegedly seized during the raid, according to court information.
Barnes said he granted Johnson time in which to hire a new attorney to
represent him on the drug-related charges. Barnes said the new development
in the case will likely force a continuation of the Johnson's trial.
According to court information, Johnson, 64, has pleaded not guilty to
federal charges of conspiracy to distribute more than five kilograms of
cocaine; use of a communications facility, a cellular telephone, to
facilitate the conspiracy to distribute cocaine; and possession of five or
more kilograms of cocaine.

If convicted of all of the charges currently facing him, Johnson could,
according to court information, be sentenced to life in prison on each of
the three charges and fined a total of $24 million.

Tate's disqualification comes one day before Johnson's co-defendant, Joe
Wayne Heck, was expected to enter a guilty plea in U.S. District Court in
Texarkana today to a single charge of conspiracy to distribute more than
five kilograms of cocaine as part of a negotiated plea. Judge Barnes could
sentence Heck to life in prison and fine him $4 million on the conviction,
according to court information.

Tate declined to comment on his disqualification on Thursday.
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