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LAI head "not sentenced"
Judge Hurley could change his mind, courtroom deputy says
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Contrary to a May 29, 2009, press release from the U.S. Attorney's office, Gerald Cohen of Lawrence Aviation Industries has in fact not been sentenced, Courtroom Deputy Patricia Best for Senior Judge Denis Hurley told TBR Newspapers Monday. As for the press release, which states Cohen was given one year and one day in prison, Best said, "The judge can change his mind."
Cohen, 75, pleaded guilty July 9, 2008, to illegally storing more than 12 tons of hazardous waste at LAI, according to the U.S. Attorney's office. Sentencing on those federal law felony violations was finally set for May 29, 2009, after an adjournment at the request of the defendant. According to court documents obtained by TBR Newspapers, Judge Hurley had ordered, "Due to the Government's objection to the adjournment, no further adjournments will be granted absent extraordinary circumstance."
The May 29 press release also states Cohen was ordered to pay $105,816 in restitution but that sentencing of LAI "was adjourned until June 5, 2009 to determine LAI's ability to pay a fine" and whether a fine should be imposed on Cohen. "The money is the big thing," Best said. "This is all about the money."
U.S. Attorney's office spokesman Bob Nardoza said as a general rule a judge can set a surrender date or even order incarceration of a defendant prior to the determination of a fine. Whether Judge Hurley would consider doing so in the Lawrence Aviation case, now that five months have passed since the June 5 adjournment, could not be ascertained immediately because Best told this reporter he lacked "standing" to ask the judge a question over the phone. The senior judge's courtroom deputy advised questions should be sent by letter — no emails, and that letter would probably need to be copied to the defense attorney and prosecutor, she said.
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