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Attorney's Snoozing Doesn't Overturn Robbery Conviction

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By ELAINE SILVESTRINI

esilvestrini@tampatrib.com

Published: January 1, 2009

TAMPA - An attorney sleeping in court may be "inexcusable," according to a federal appeals court, but it's no excuse for the client.

A Plant City man convicted of robbing banks in Polk County has lost his federal appeal, even though his lawyer nodded off during his trial.

Chaddrick Levell Thomas, 31, is serving 44 years in federal prison for his 2003 convictions in the May 2001 armed robberies of a Bank of America in Lakeland and a SunTrust bank in Mulberry the next month.

He appealed his convictions, partly on the grounds that his court-appointed attorney, Thomas Ostrander, fell asleep during his trial.

U.S. District Judge William J. Castagna, the trial judge, asserted that Ostrander had been attentive during the entire trial. Another judge, Susan Bucklew, concluded that Ostrander fell asleep once, during the testimony of a bank teller, Sharon Delamain, but was otherwise effective in his representation.

Thomas said Ostrander fell asleep two other times, both during the testimony of one of his co-conspirators who testified against him.

"Although sleeping, even for a short period of time, is inexcusable, Thomas has failed to establish prejudice," a three-judge appeals court panel wrote. "Delamain did not identify any of the defendants, she was not cross-examined by any of the defendants, and she did not testify to contested matters.

During Delamain's testimony, Ostrander was asked by the judge whether he objected to the admission of an item of evidence, court records show. Ostrander responded, "I have no questions for this witness."

A federal marshal, Deputy Lisa Alfonso, testified after the trial that she had seen Ostrander sleeping periodically during the trial. "He had his head down, his eyes were closed, and there was what I would label as a snoring-type sound coming from his nostrils," Alfonso said, according to court documents.
Court security officer Fred Bohlig testified he was approached by a juror who was concerned about the defense attorney sleeping.
Ostrander testified he was tired and at times struggled to stay awake during the trial because of a recent switch in medications. Ostrander testified that if he did fall asleep, it was just for a second.

Reached for comment, Ostrander said he agrees with the court that there is no excuse for a lawyer sleeping in court while representing a client.
Ostrander said he had just learned he had diabetes and was struggling to balance his medications. In addition, he said, he was working late on the case.

Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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