Sleeping Lawyer Merits Retrial, Judge Rules

A U.S. District Judge has ruled that a Pennsylvania businessman deserves a second trial, because his lawyer dozed off during the first one. Based on testimony, Judge Donetta Ambrose said, “I can only conclude that attorney [Stan Levenson] slept, and therefore was not functioning as a counsel, during a substantial portion of [James Nassida’s] trial.” Nassida was convicted of orchestrating a mortgage fraud scheme. Judge Ambrose granted him a motion for a new trial, with a new lawyer that she appointed. Nassida told the Judge that Levenson nodded off during testimony, and that he had to nudge the attorney awake about 20 times. Witnesses, jurors, and an assistant prosecutor all noticed Levenson’s behavior. Levenson said he was falling asleep because he had taken cold medicine.