The defense for Geralyn Graham, the foster mother accused of murdering 4-year-old Rilya Wilson a decade ago, asked for a mistrial Tuesday morning after a Miami Herald reader found that one of the prosecutors was not technically a member of the Florida Bar.
The trial is proceeding as usual, and Judge Marisa Tinkler-Mendez will rule on the mistrial by the end of the day.
Assistant state attorney Joshua Weintraub completed more than the required 30 hours of continuing education in August but failed to enter the correct course number, and the credits were not recognized by the Florida bar. A reader identified as “Bambie” commented on The Miami Herald article about the opening day of the trial, saying that according to the Florida Bar registry, Weintraub was not eligible to practice law. The reader’s concern was that “it would be a travesty for this case to proceed to verdict only to learn that the Assistant State Attorney had no authority to prosecute the case.”
Defense attorney Michael Matters asked for a mistrial based on Weintraub’s “individual participation in depositions of critical witnesses” and his presentation of himself as an assistant to state attorney Katherine Fernández Rundle.
“Whether he’s suspended for small or humongous violation, it’s still a suspension,” Matters said. “It’s absolutely inappropriate, unethical and wrong. There is no justification for someone practicing law without a license.”
Neither Weintraub nor the other two prosecutors on the case — one of whom is his mother — addressed the continuing education oversight. Don Horn, one of the chief assistants to the state attorney, said Weintraub was pulled from the trial Monday afternoon and temporarily suspended until his continuing education course credits could be straightened out. As of Tuesday morning, on the second day of the trial, Weintraub was reinstated and resumed his seat at the prosecutor’s table.
The trial resumed with Willie Harris, supervisor for the Department of Children and Families taking the stand. He was questioned on his decision to remove then 3-year-old Rilya Wilson from the home of her first foster mom, Pamela Kendrick, and place her in the care of Geralyn Graham, who is now standing trial for her murder.
Defense in Rilya Wilson trial asks for mistrial based on prosecutor’s standing with Florida Bar
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Defense in Rilya Wilson trial asks for mistrial based on prosecutor’s standing with Florida Bar
