Judge Recuses Self From Fen-Phen Retrial

LOUISVILLE, Ky. (AP) - A federal judge who declared a mistrial after a jury deadlocked in the case of two lawyers accused of conspiring to defraud their clients out of $65 million won't handle the retrial.
U.S. District Judge William O. Bertelsman issued an order Monday
saying he would no longer hear criminal cases.
Bertelsman presided over the trial of suspended lawyers Shirley
Cunningham Jr., William Gallion and Melbourne Mills Jr. The three men were charged with conspiracy to commit wire fraud.
Mills was acquitted. Jurors failed to reach a verdict on Cunningham and Gallion last week after eight days of deliberations during the eight-week trial in Covington.
Prosecutors said the men conspired to short change their clients
after a $200 million settlement over the diet-drug fen-phen. The men denied wrongdoing. A new trial date has not been set.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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