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Judge Orders Special Trial Before Sentencing Milken : Crime: She wants a better understanding of the former junk bond king. But the defense says it will provide an inaccurate picture.

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From Reuters

A federal judge today ordered a special mini-trial in the government’s case against Michael Milken to give her a better understanding of the junk bond king before he is sentenced.

At the hearing, expected to last about two weeks, prosecutors say their witnesses may include stock speculator Ivan Boesky, Boesky assistant Michael Davidoff and Drexel trader Carey Maultash.

Milken, 44, the former head of the high-yield junk bond division of Drexel Burnham Lambert Inc., avoided a trial by pleading guilty to six securities-related crimes in April and had been scheduled to be sentenced Monday.

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Judge Kimba Wood said she called the mini-trial to get a more complete picture of Milken. “I want as full a picture as possible.”

The mini-trial is designed to allow the judge to decide whether she will consider other possible wrongdoing by Milken when handing down the sentence.

In its recommendation to the judge, the government charges that Milken committed other crimes aside from those in his plea bargaining agreement and wants that considered in determining the punishment.

It says the other alleged crimes show a pattern of criminality.

Milken’s lawyers have challenged the new charges, alleging the government has no evidence to substantiate them.

Arthur Liman, Milken’s main attorney, said he “seeks to separate the myth of Michael Milken from the person.” But Liman said he did not believe a short, special hearing would provide the court with an accurate view of his client.

He said that although the witnesses to be called for the special hearing would likely have been called at a full trial, such a trial would have lasted as long as a year.

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“If they bring out the headline, we have to bring out the full article,” Liman said.

John Carroll, the lead prosecutor in the case, said he would provide “background” witnesses for the special hearing.

Wood said that under no circumstances would she sentence Milken to a longer term than the 28 years in prison he now faces.

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