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Collor Delays His Trial by Firing Lawyers

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TIMES STAFF WRITER

On the eve of his scheduled trial today by the Brazilian Senate, impeached President Fernando Collor de Mello fired his defense attorneys, forcing a postponement of the proceedings that were expected to remove him permanently from office.

Collor has been suspended since Oct. 2, pending his Senate trial. Supreme Court Chief Justice Sidney Sanches, who is to preside over the trial, said it will have to be rescheduled for Dec. 29.

Collor’s lawyers sent a letter to Sanches on Monday afternoon notifying him that they had been dismissed. Sanches also received a copy of a letter from Collor telling the lawyers that they no longer represent him.

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“I have concluded minimal conditions do not exist for an impartial judgment in which my reasons and defenses are heard and considered fairly,” Collor’s letter said. “Beyond myself, I must defend the institution of the presidency of the republic, which would be compromised if I were to participate in a judgment carried out in conditions of manifest abnormality.”

Sanches had previously said that if Collor’s lawyers failed to show up for the trial, he would have to appoint a public defender. In a news conference Monday evening, Sanches asked Collor’s fired lawyers if they would serve as public defenders. They refused.

Sanches then said that if Collor is not represented today in the Senate, he will name a public defender and set the trial date for Dec. 29. Collor allies in the Senate said more time is needed for new counsel to prepare a defense. But Sanches said a public defender can base his case on documents already prepared by Collor’s lawyers.

Collor’s eleventh-hour move was widely interpreted as a stalling maneuver, based on hopes for a change in the Senate’s apparent inclination to convict him on charges of “proceeding in a manner incompatible with the dignity, honor and decorum” of the presidency. He is accused of receiving millions of dollars from an influence-peddling and graft racket headed by Paulo Cesar Farias, his former campaign treasurer.

Farias has been named as a suspect by police but has yet to be formally accused of corruption. Over the weekend he left for Spain. But his brother told reporters that he was not fleeing prosecution and would return to Brazil.

Business executives have accused Farias of shaking them down for millions of dollars in return for government contracts and other favors. Collor has denied any connection with the alleged graft.

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But a congressional investigative commission found that at least $6.5 million in checks linked to Farias had gone into accounts used to pay Collor’s personal expenses.

Vice President Itamar Franco took over as acting president. If Collor is convicted, Franco will serve out the term, which ends in 1995.

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