United States v. William J. Frank

The only significant issue in this case is whether the district judge participated in plea bargaining in such a manner as to enti- tie the defendant to -withdraw his plea. We decide that he did not.

Facts

Frank was charged with various narcotics offenses and went to trial. On the third day of trial, April 9, 1992, the lawyers were to be in the courthouse at 8 a.m., to appear in court for any matters to be taken up before the jury came in at 8:30. When the lawyers arrived, Frank’s attorney, Mr. Polis, approached the Assistant United States Attorney, Mr. Bostwick, and suggested that they discuss a plea bargain. When the clerk asked them if they had anything to take up in court before the jury came in, they told her that they were negotiating a plea agreement. The negotiations were carried on intensely in the corridor, with defense counsel for Frank and his fiancee, Virginia Berry, repeatedly consulting separately with their clients and then negotiating further with the prosecutor. Most of the negotiations had to do with what lenience could be obtained for Berry, for numerous members of Frank’s family, and for Berry’s father, all of whom were exposed to possible criminal…