Law prof recuses self from case

Louis Pollak, a University law professor and federal judge, has recused himself from the retrial of a former Wharton student who he sentenced to 17 years in prison in 1988. Pollak's recusal, handed down September 2, is just the latest twist in seven years of legal wrangling over the fate of Alexander Moskovits, who was arrested for drug trafficking in 1987. Moskovits has always maintained that Pollak's ties to the University -- Pollak has been a law school professor for more than 20 years and his wife, Katherine Pollak, also works for the University -- created an appearance of conflict of interest. Moskovits claimed that the University had more than a casual interest in the outcome of his case -- instituting their own judicial proceedings against him and receiving updates on the progress of his case from U.S. attorneys. He also alleges that this interest was not properly disclosed to Pollak. Pollak, in recusing himself from the case, acknowledged that he would have refused to preside at Moskovits' 1988 trial had he known of the University's interest in the case. While Pollak's recusal may be a personal victory for Moskovits, it is unclear whether a new judge helps or hurts his chances for ultimate acquittal. William Kunstler, famous New York defense attorney and Moskovits' lawyer until last April, said previously that Pollak had treated Moskovits better than most judges would. He also said that Moskovits was risking his own case by pushing for Pollak's recusal. Moskovits -- a single credit shy of completing his undergraduate degree -- was charged with 22 federal drug counts, including one under the "the drug kingpin" statute, for cocaine trafficking. U.S. attorneys attempted to link Moskovits to shipments of 10 kilograms of cocaine through Philadelphia and the University. He was convicted on 18 counts and sentenced to eight years in prison in 1988. In 1993, after serving six years of his sentence, Moskovits' conviction was overturned after his lawyers argued that his original attorney had acted improperly. Last winter Moskovits won release on bail pending his new trial, but was confined to house arrest in Miami. Moskovits, feeling he could best handle his own case, dismissed the lawyers who had won his release and retrial and decided to represent himself at the new trial, originally scheduled for last May. That trial was delayed over the summer so that Moskovits and prosecutors could prepare their cases. It is now scheduled for September 21 in Center City. Federal Judge C.C. Newcomer will preside over the jury trial. Assistant U.S. Attorney Kristin Hayes who has prosecuted Moskovits' case from the beginning, said yesterday that the government is ready to proceed with its case. Moskovits said in a telephone interview from Miami that he is pleased Pollak finally recused himself.