This was the funniest court procedure I have ever seen! Let us get started; as I stated below D’Mona Ross has decided to withdraw her February 15, 2013 plea from GUILTY along with her freely made admission in open court of admitting her part in the mortgage fraud to not guilty. Her new attorney, Scott Kamin, who at times appeared (at least to me) to be very confused (?) seem to be winging it. At one point he even called her “his potential client” (does that mean he has not been paid in full yet and could that be a reason this is dragging on?)
Mr. Kamin gave the excuse that he could not open the CD’s and review the discovery for the case and needed additional time; even though he had informed the court a month ago that Ross wanted to change her plea. I would suggest that Mr. Kamin find himself a five-year-old child to teach him how to open a CD on a computer! It was then pointed out to him that his failure to open the CD was not grounds to change her plea after all D’Mona Ross said in her OWN words that her conduct was why she was GUILTY of the charges.
(Now this is where it got funny to me; I am writing this to be best of my memory.)
Judge Shadur: her plea was not depended on how much discovery had taken place. At this time, Ross (via her attorney Scott Kamin) has not conveyed to Judge Shadur why her plea should be withdrawn.
Attorney Scott Kamin: there is a good faith base to withdraw her plea; her plea was not made voluntary
Judge Shadur: did she lie to me?
(This is where I had to hold my laughter)
Attorney Scott Kamin: no, I don’t think she lied; she just felt she didn’t do anything wrong
Judge Shadur: that is not an accurate interpretation. Are you saying I lead her down the wrong path; that I entrapped her?
Attorney Scott Kamin: no, I am not saying that.
Judge Shadur then explained to her new attorney EVERYTHING that went on when Ross made her plea including how she first did not want to admit guilt and how he then told her he could not accept her plea. Two days later after conferring with her then attorney, Ross made a FULL admission of guilt and accepted her role in the frauds. At that time, Judge Shadur (to the best of my memory) asked her at least twice was she making the admission of her own free will and was she making it because she was guilty. Ross said yes and then Judge Shadur took it one step further and asked Ross to explain her part in the fraud which she did.
Finally, Judge Shadur asked to see the transcripts of Ross’s GUILTY plea and continued the status hearing until Monday June 9, 2014 9:30am
This is a small outline of what was said but I wonder how Ross could admit what she did, snitch on others and now want to back herself out of the fraud.
Because of her change of mind the trial for Avalon Betts Gaston must now be rescheduled, witnesses rescheduled, etc. Now my thought is wouldn’t she have come out better doing what she originally said and agreed to; tell the truth and make a deal, tell on everyone and possibly get probation for being a snitch (and remember she has for the past year and a half cooperated with the government) or run the risk of getting serious jail time.
I think if I was a lawyer I would call her my “potential client” also. I wonder how long this attorney will be around?
After looking at Mr. Kamin’s website, he appears to be very competent so I just wonder WHY.
Attorney Scott T. Kamin
55 E Jackson Blvd #1050
Chicago, IL 60604