During the resumption of the hearing for the government’s motion to set aside the plea agreement it entered with Aldan, 52, Wiseman asked what Assistant Attorney General Brian Gallagher was doing in the courtroom.
Gallagher attended the hearing with Assistant Attorney General George Hasselback.
Aldan appeared under the custody of the Department of Corrections. He has been serving his six months imprisonment since Dec. 2009.
Variety was told that Chief Prosecutor Rosemond B. Santos sought for continuance of yesterday’s hearing.
During its hearing last week, Hasselback told the court that the AGO was withdrawing its motion to set aside the plea agreement and to prosecute Aldan for his failure to surrender the handgun he used against his former domestic partner.
Gallagher yesterday told the court that Attorney General Edward Buckingham instructed him to read a message from the AG to the court.
Among other things, Buckingham told the court that the plea agreement was “poorly drafted.”
Wiseman said the AGO wanted to challenge the plea agreement, which should be the job of Aldan’s attorney.
Aldan’s attorney Joaquin Torres told the court that he had yet to read a copy of the government’s motion to set aside the plea agreement.
Wiseman clarified that there was no motion to withdraw the earlier motion to set aside the plea agreement.
He said Aldan’s unreturned handgun poses serious “concerns for the safety of the community.”
Wiseman ordered the matter to proceed and scheduled the hearing on the revocation of the plea agreement for April 14.
“The return of the handgun must be pursued,” the judge said.
Hasselback asked the court to appoint a special prosecutor since his last day in office will be on Monday, April 5, 2010.
Wiseman noted that the request was premature.
Hasselback reminded the court about the “very clear stand of [the AG’s] office” regarding the case.
Hasselback also noted “some personal repercussions.”
Gallagher told reporters that he was the prosecutor assigned to Wiseman’s courtroom and other inquiries should be directed to Buckingham.
“I totally disagree,” Hasselback told reporters when asked for his reaction to Buckingham’s statement.
But Hasselback said the Public School System has offered him a job and that he is not upset with the AGO.
He reiterated that he does not know “why the decision was made” to withdraw his motion to set aside Aldan’s plea agreement.
Aldan is the husband of the governor’s special assistant for political affairs Dolores Aldan.
