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Houston Chronicle

Expert witnesses working for R. Allen Stanford's defense have resigned because they haven't been paid, according to a request made by the former billionaire's lawyers to postpone his trial.

Last week, U.S. District Judge David Hittner rejected a previous request for a 90-day continuance in the trial of Stanford, who is accused of swindling investors out of $7 billion. The latest request asks the judge to reconsider and notes Stanford - who was only recently deemed competent to assist his attorneys - needs time to go through the evidence in the case in order to assist in his defense.

So far, all expenses submitted to the district court have been within the budget previously submitted to the court, but experts haven't been paid for four months, according to a recent motion filed by Stanford's government- appointed lawyers.

Limitations on budget

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While the district court usually handles approval of payments for indigent defendants like Stanford, the circuit court may step in when a case's budget looks like it will exceed the allocated funds, said Philip Hilder, a Houston attorney and former federal prosecutor.

There is usually an arbitrary lag time of weeks or months before payments are made after being submitted, but in such a time-consuming case, experts aren't necessarily going to "take it on good faith that they're going to get paid," Hilder said.

Attorney Philip Hilder in Houston Chronicle article

Ineffective counsel?

"The defense is in a difficult position because this particular case is expensive and yet they have a duty and obligation to zealously defend Mr. Stanford," Hilder said. "Unless the defense can properly and adequately utilize expert testimony, Mr. Stanford may have a claim for ineffective counsel."

Previously, Stanford's lawyers have claimed he suffered brain damage in a jailhouse attack that rendered him unable to assist in his own defense. His original trial date in January 2011 was postponed so he could undergo a series of evaluations at a federal prison hospital.

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http://www.chron.com/business/article/Stanford-asks-judge-to-delay-trial-after-experts-2437175.php

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