HAMMOND | Only a defense lawyer's tears convinced U.S. District Judge Rudy Lozano to grant an eleventh request to delay the sentencing hearing of Gary boxing star Charles "Duke" Tanner.
Tanner's attorney, Andrea Gambino, appeared to weep in open court Thursday as she pleaded with the judge not to take out his anger at her ineptitude on her client, who is facing life in prison for his 2006 cocaine conviction.
On the day when Tanner was to supposed to learn his fate, Gambino instead asked to be removed from the case entirely so that all of the issues that she had uncovered recently in Tanner's case could be heard on appeal.
After some stern words from the judge, Lozano agreed to give Gambino another month -- and warned her that she'd better be prepared for a hearing on sanctions for her actions at some point in the future.
"She doesn't want to see you suffer because of her actions," Lozano said, speaking directly to Tanner. "I'm not sure if I'm going to let her out."
Though a life sentence was literally hanging in the balance, Tanner appeared calm and upbeat. When Gambino, Lozano and the prosecutors were in a private meeting, he smiled at his family in the gallery and mouthed words to them.
"I'm innocent. You can quote me on that," Tanner said.
A jury disagreed. Tanner, who once was headed for a championship fight in his weight class, was convicted in November 2006 of conspiring and attempting to possess large amounts of cocaine for mass distribution.
Assistant U.S. Attorney David Nozick presented evidence at trial that Tanner was one of the leaders of a crack and powder cocaine drug ring that bought drugs from a Mexican cartel dealer and distributed them on the streets of Gary and across the Midwest.
Tanner switched defense attorneys after his conviction and hired Gambino to handle his appeal. On Tuesday, Lozano asked Tanner if he wanted to hire another new attorney.
"I want to continue with her being my attorney," Tanner said, adding that he would rather spend more time in jail and allow Gambino enough time to perfect his appeal.
Tanner has been in jail since he was arrested on the drug dealing charges. His 12th sentencing date has not yet been set.
