U.S. judge denies Lazarenko's request for discovery of evidence

by Roman Kupchinsky
RFE/RL Crime, Corruption and Terrorism Watch

On March 8 defense attorneys for Pavlo Lazarenko had filed a "memorandum in support of motion for discovery in support of claim alleging selective prosecution" to the United States Court for the Northern District of California. In other words, the defense asked the court to allow it to find evidence that its client, the former prime minister of Ukraine, is being selectively prosecuted.

On March 26, U.S. District Judge Martin J. Jenkins denied that motion. "Furthermore, the government submits that Mr. Lazarenko's evidence consists of only hearsay allegations that offer no information about the government's decision to prosecute," Judge Jenkins wrote.

"The government argues this evidence is irrelevant because it focuses on violations of Ukrainian law and not the government's decision to charge Mr. Lazarenko in the United States. The government contends that if anything, it is impartial to the political situation in Ukraine, citing the United States' recent grant of political asylum to Maj. Mykola Melnychenko, a whistle-blower who allegedly illegally taped Leonid Kuchma incriminating himself, as support," the judge added.

Judge Jenkins continued: "The court agrees with the government. Mr. Lazarenko's discussion and evidence focuses on fraud in Ukraine and it is unrelated to the government's purpose in bringing the charges against Mr. Lazarenko in the United States."

Copyright © The Ukrainian Weekly, April 28, 2002, No. 17, Vol. LXX

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