Syracuse, N.Y. – A judge has taken a Syracuse defense attorney off a rare racketeering case after she witnessed an alleged crime.
On Tuesday, Onondaga County Court Judge Matthew Doran ruled that attorney Susan Carey can no longer represent Synike White, a client she has represented for years in a murder case that was later upgraded to a racketeering case.
The murder case ended in a mistrial in December after alleged juror tampering that resulted in the charges being raised to enterprise corruption. Carey was one of several lawyers who witnessed the incident which occurred outside the Syracuse courthouse.
White, 32, and Carl Newton, 38, are accused of acting as members of a Syracuse gang called “Uptown,” prosecutors said in an indictment filed in Onondaga County Court. Newton is accused of being a leader of the group while White is accused of working as a lower level member.
They are both charged with aggravated enterprise corruption, a New York State law similar to the federal Racketeer Influenced and Corrupt Organization Act also known as RICO.
When the two men were first indicted, White was only charged with attempted murder. Newton was charged with attempted murder and second-degree murder.
Newton was accused in the killing of Jarrette Johnson, 31, of Syracuse. He was shot in August of 2021 and died a month later.
White and Newton faced both an attempted murder charge in a shooting earlier in 2021 on the 200 block of Allen Street unrelated to Johnson’s death.
They were set to go to trial in December and began jury selection. Carey was White’s primary attorney for the trial.
The case changed on the second day of jury selection.
A mistrial was declared due to allegations of juror tampering.
Related article:Mistrial declared in Syracuse murder trial in the middle of jury selection
Kawan Woodley – a man prosecutors say is an associate of Newton’s - allegedly attempted to intimidate one of the attorneys in the case regarding jury selection, the trial judge said. Other attorneys on the case and potential jurors witnessed the interaction outside of the courthouse, Judge Ted Limpert said.
Carey was among the attorneys who witnessed the interaction. Carey and the other attorneys provided statements to the court about the experience.
Newton’s attorneys were quickly taken off the case. White was not accused of being involved in the incident and Carey was allowed to remain on the case.
After the mistrial was declared, the Onondaga County District Attorney’s office filed a new racketeering indictment against White and Newton.
That indictment requires the prosecution to prove a pattern of acts that further the goals of a criminal enterprise. The alleged juror tampering is one of the pattern acts cited in the indictment.
Woodley, who is accused of the juror tampering, is not charged in the indictment. Instead, the indictment alleges that Newton is responsible for the attempted interference.
Woodley has repeatedly denied that he made any attempt to influence the juror pool. He has argued that he came to the attorneys to ask why there were not more Black jurors being selected to hear the case.
Judge Doran recently rejected Woodley’s motion to have the charges against him dismissed.
After the new indictment was filed, prosecutors told the court that Carey may be called as a witness in the racketeering case to testify about the alleged juror tampering. They asked that she be removed due to the potential conflict.
Carey has argued that White is not alleged to be involved in the attempted juror tampering so there is no conflict. She also told Doran that she would not have any substantial testimony that would require her to take the stand.
After Doran announced she would be removed from the case, Carey again objected to the decision. She said that any questions regarding her client would not be answered due to attorney-client privilege, and the only other testimony she could provide would be telling the jury that Newton was not with Woodley when this incident happened and she has no proof he was involved.
Carey told the court that she believes this is a fabricated conflict.
Despite her objections, Doran stood by his ruling. He stressed that his decision has nothing to do with the quality of Carey’s representation of White.
He said that she has been a zealous representative of her client since the beginning of the case.
Staff writer Anne Hayes covers breaking news, crime and public safety. You can reach her at ahayes@syracuse.com.