Judge considers tossing supe solicitation case
JACKSON, Miss. - JACKSON, Miss. (AP) — A federal judge is considering dismissing the solicitation case against Coahoma County Supervisor Dr. Roger Weiner because prosecutors have failed to obey court scheduling orders.
Weiner, a Clarksdale cardiologist, is charged with soliciting prostitutes across state lines on the Web site SugarDaddyforMe.com.
Weiner's attorneys asked the court again last week to make prosecutors hand over cellular telephone records that would indicate where calls were made and received by undercover agents in the case. The motion said the government hasn't followed through on a July order to hand over the records.
U.S. District Judge Neal Biggers Jr. said in a ruling Monday that the government must produce the records by Friday and have a good reason for not having handed them over already.
"Due to the continual failure by the Government, the court is considering sanctions, including, the dismissal of this case," Biggers wrote. "The Government seems not to understand that it must abide by the scheduling orders of the court, including discovery and trial deadlines, or request extensions of those deadlines so the court can function in an orderly and efficient manner."
A call to the U.S. attorney's office in north Mississippi wasn't immediately returned.
Biggers, however, denied Weiner's request to delay the Oct. 5 trial. Weiner's attorneys say they expect he will be acquitted.
Weiner's defense team wants the telephone records from May 15 to May 17, the period when Weiner allegedly had conversations with an undercover agent he thought was a prostitute, according to court records.
The federal investigation began in December when Weiner's former colleague gave the FBI "electronic communications" from a work computer, according to court records.
An agent began monitoring SugarDaddyForMe.com, which he described as an online chat room for wealthy "Sugardaddies." Federal agents used messages, allegedly between Weiner and others, to obtain a search warrant to view Weiner's e-mails.
An undercover agent began communicating with Weiner by computer and telephone and they eventually arranged to meet for a sexual encounter with another supposed prostitute, according to an FBI affidavit. Authorities say Weiner offered to pay the women $400 each.
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