Angry Judge Scolds Marcos Lawyer : Philippines: Jurist interrupts proceedings to chide Gerry Spence for behavior that could ‘harm’ his client. Others have also criticized the attorney.

Imelda Marcos’ defense attorney, Gerry Spence--already under fire inside the defense camp for being unprepared in court--was harshly admonished by an irate federal judge Wednesday for courtroom conduct the judge warned could “harm” his own client.

U.S. District Judge John F. Keenan interrupted Mrs. Marcos’ fraud and racketeering trial when he abruptly slammed down a stack of papers on his desk, stood and waved a robe-draped arm at Spence while loudly scolding the Wyoming lawyer for making “misleading statements in front of the jury.”

The outburst came as federal prosecutors were nearing the end of their two-month case against the former Philippine first lady and co-defendant Adnan Khashoggi of Saudi Arabia. Prosecution testimony is expected to end next week.

The Times has learned that even before the judge’s angry outburst Wednesday members of Mrs. Marcos’ family had been increasingly critical of Spence’s performance and had privately urged her to replace him.

Spence, who received a $5-million retainer to enter the case at the last minute, has complained since his opening statement to the jury April 3 that prosecutors have flooded him with more than 300,000 documents making it virtually impossible to effectively defend Mrs. Marcos.

That contention has been rejected by the judge and disputed even by fellow defense attorneys who have been at odds with Spence since the trial’s opening day.

According to sources close to both defense teams, Spence has been criticized for being unprepared to question prosecution witnesses and for making errors during cross-examination that actually benefited prosecutors by inadvertently justifying the admissions of damaging evidence.

After one particularly damaging day in court, Spence was confronted by members of his own defense team in front of Mrs. Marcos. According to various accounts, longtime Marcos attorney John Bartko of San Francisco complained that Spence was devoting too much time writing a book every morning instead of preparing for the day in court.

Tempers have flared before in the grueling trial, which has featured more than 65 witnesses and boxes of evidence ranging from legal and bank documents to suitcases of cash and jewelry.

Spence and Judge Keenan clashed in front of the jury during the lawyer’s rambling opening statement and they have clashed outside the jury’s presence on numerous occasions since over Spence’s repeated complaints that he was not familiar with documents the prosecution was attempting to enter into evidence.

Wednesday the judge’s quiet warnings were superseded by a 20-minute tirade in which Keenan accused Spence of trying to subvert the judge’s efforts to administer justice.

The judge’s fury was unleashed after Spence once again drawled, “I haven’t seen . . . “ as the prosecution produced another exhibit. Keenan, red-faced, exploded:

“Now, look--Now, stop that!”

Then, pacing angrily behind his desk as the jury watched, Keenan shook his finger at Spence and shouted:

“I have told you repeatedly, sir, not to make statements like that in the presence of the jury. If you do it again, sir, I will take appropriate action.”

Keenan said such statements could mislead the jury into thinking that the prosecutors have withheld evidence from the defense, which is not true.

“Don’t make misleading statements in front of the jury,” the judge said in front of the jury. “You are acting in a way that . . . could conceivably harm your client, which you shouldn’t do.”

Later, with the jury excused, Spence moved for a mistrial on grounds that Keenan had shown “huge enmity and disdain for me” in front of a jury “who adores you.”

Spence said he would have a hard time facing the jury after such treatment by the judge. Then, saying that he had never felt “so unwelcome” in a courtroom Spence added:

“I have never felt older at any time of my life; I have never felt so sick, I have never felt so helpless. I have never felt so incompetent in a case in my life as I have in your courtroom.”

He said he had been embarrassed in front of his client.

Keenan denied the mistrial motion, but he agreed to instruct the jury to not hold Spence’s conduct against the defendants. Keenan later told jurors it would “be grossly unfair (and) un-American” to punish Mrs. Marcos for errors by her attorney.

Marcos is being tried on charges that she and her late husband, former Philippine President Ferdinand E. Marcos, conspired to buy New York real estate, art and jewelry with $222 million stolen from their homeland.

Spence said that when he made the statement that set off Keenan’s temper he had meant to say only that he had not had time to study the exhibit, a diary, belonging to Robert Shaheen, a 25-year associate of Khashoggi.

Spence was not available for comment after the trial adjourned Wednesday.

Rempel is a Times staff writer; Luz is a Philippine journalist.