Motion to disqualify Michael Acosta as David Anderson's attorney denied

Decision on the People's motion to disqualify Mr. Michael Acosta as convicted human trafficker David Anderson's attorney was continued to this morning.

Anderson said, "Your honor, before we begin, I'd like to speak to my attorney."

The People's motion was denied by Judge Timothy Canning.  When asked by Judge Canning, Anderson said, " I would definitely like Mr. Acosta to represent me."

Judge Canning did express concern that "a disk was out of Mr. Acosta's control" that contained confidential information and was left where a member of the public could access this information.

"That event does not overcome the defendant's right for chosen counsel," said Judge Canning. He cited People v Woodruff.

People's other motion concerned sealed documents. Those documents were ordered to be provided to special counsel at the last hearing.

Deputy District Attorney Stacey Eads is the prosecutor for this case. Deputy DA Roger Rees appeared in court for the People.

Deputy Conflict Counsel April Van Dyke had been appointed as special counsel for the limited purpose of discussing the potential conflict(s) raised in the pleadings filed in connection w/ motion to disqualify Mr. Michael Acosta who is Anderson's attorney.

Ms. Van Dyke went over the motion and the attachments with Anderson.

Preliminary hearing is still scheduled for June 8. Judge Canning mentioned at the last hearing that the issue of whether the time waiver was appropriately withdrawn needs to be addressed.

Anderson has two cases; one is an alleged violation of parole. The other case includes several charges including human trafficking. He has a previous case in which he entered a plea and is already a convicted human trafficker.

 Mr. Acosta said he made disclosures to Anderson. "I didn't file a response because we need to distinguish between the 6th and 14th amendment.  I see the 14th amendment, due process. The matter is a year old. The motion was filed the day of the preliminary. For the DA to ask me to respond is paramount to asking for my strategies and goes to attorney-client privilege. "
Regarding the 6th amendment, Mr. Acosta said, "there is limited standing to disqualify counsel for conflict of interest. " In Anderson's case, Mr. Acosta said he has not represented and "there is no material witness in a related matter."


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