Washington — Former New Jersey Sen. Bob Menendez requested a federal court docket in New York on Wednesday to throw out his conviction in a sprawling bribery scheme and grant him a brand new trial after prosecutors disclosed that the jury was inadvertently supplied info throughout deliberations that it shouldn’t have been given.
The request from Menendez’s legal professionals got here in response to a letter prosecutors despatched to the court docket on Nov. 13 revealing they’d unintentionally loaded onto a laptop computer given to the jury throughout deliberations the wrong variations of 9 displays. Prosecutors stated neither they nor Menendez’s legal professionals, who inspected the displays on the laptop computer, seen the error on the time.
Authorities legal professionals advised U.S. District Choose Sidney Stein that they didn’t imagine the inclusion of the 9 displays warranted upsetting Menendez’s responsible verdict, partly as a result of “there is no such thing as a cheap chance any juror ever noticed any of the erroneously less-redacted variations.” However Menendez’s legal professionals advised Stein in a separate submitting that the improper disclosure was a “severe breach” by prosecutors and stated a brand new trial was “unavoidable.”
The displays, they stated, “uncovered the jury to a idea of criminality that the federal government was barred from presenting below the Speech or Debate Clause — specifically, that Senator Menendez made particular choices with respect to army gross sales to Egypt in change for bribes.”
Underneath the Speech or Debate Clause of the Structure, senators or Home members “shall not be questioned” for “any speech or debate” in both chamber of Congress. Stein had dominated that sure materials referencing arms gross sales and army help to Egypt had been legislative acts shielded by the clause.
Menendez’s protection crew stated the knowledge disclosed to the jury contained the one proof that tied him to the availability of army help to Egypt, which was on the heart of the bribery scheme the New Jersey Democrat was accused of participating in.
Additionally they lambasted prosecutors for trying to “shift the blame,” calling it “factually and legally outrageous.”
Prosecutors stated the court docket had “expressly prohibited” proof of previous legislative exercise, together with actions Menendez allegedly took as a senator about overseas help to Egypt, and stated the proof at challenge “squarely crossed that line … and allowed the jury to deduce bribery from Senator Menendez’s legislative acts — precisely what the Speech or Debate Clause is supposed to stop.”
Prosecutors claimed that Menendez helped orchestrate a corrupt settlement by way of which he would work to secretly profit the Egyptian authorities in change for lavish items together with money, gold bars, a Mercedes-Benz convertible, furnishings and mortgage funds from three New Jersey businessmen.
He was convicted on 16 felony counts in July, together with bribery, fraud and performing as a overseas agent.
Menendez’s two co-defendants within the case, Fred Daibes and Wael Hana, additionally individually requested the court docket to grant them new trials and toss out their convictions.
Menendez confronted immense strain to resign after he was indicted on federal bribery fees final 12 months however resisted doing so till he was convicted. He stepped down from the Senate in August, a shocking capstone to a prolonged profession within the higher chamber that included a place atop the Senate Overseas Relations Committee.
The previous senator is about to be sentenced Jan. 29.
