Former Sen. Bob Menendez (D-N.J.) has requested a federal decide to throw out his corruption conviction and grant a brand new trial after it was revealed that jurors had been by accident proven improper proof whereas deliberating.
Menendez’s legal professional Adam Charge wrote in court docket filings that the “serious breach” makes a brand new trial “unavoidable.”
“Without doubting that the error was unintentional, the responsibility for it lies exclusively with the government, and the government must accept its consequences,” Charge wrote.
Earlier this month, federal prosecutors revealed that 9 reveals proven to jurors throughout deliberations displayed materials that ought to have been redacted, after prosecutors inadvertently loaded the laptop computer they used to view proof with different variations.
The federal government stated the error mustn’t imperil Menendez’s conviction nor require any motion, however attorneys for Menendez and his two co-defendants, New Jersey businessmen Wael Hana and Fred Daibes, disagree.
The proof by accident proven to jurors was beforehand barred by U.S. District Decide Sidney Stein. Prosecutors sought reconsideration of that call and referred to as the proof “very critical,” which the protection attorneys say strengthens their argument for a brand new trial.
Charge, Menendez’s legal professional, stated the by accident unredacted reveals contained the “only evidence in the record” that tied Menendez to the “actual, consummated provision” of navy help to Egypt, an accusation on the coronary heart of the cost he confronted for performing as a international agent of that nation.
Assistant U.S. Lawyer Paul Monteleoni, in the meantime, beforehand wrote in a court docket submitting that neither prosecutors nor protection legal professionals observed the error and that the unredacted content material doubtless didn’t impression the jurors’ verdict.
In reality, it’s “extraordinarily unlikely” jurors even “became aware” of the inaccurate exhibit variations whereas deliberating, he stated.
Daibes, one in every of Menendez’s co-defendants, wrote in a separate submitting {that a} tenth exhibit pertaining particularly to him was additionally improperly proven to jurors. The exhibit, a textual content message thread, apparently concerned a reference to former Nazi chief Adolf Hitler — a element that creates prejudice to Daibes that “could not be more obvious,” his attorneys wrote.
Menendez resigned from the Senate in August after he was convicted on all 16 counts he confronted, from accepting luxurious bribes in alternate for his political clout to performing as a international agent of Egypt. He has maintained his innocence and vowed to attraction the decision.
All three defendants are scheduled to be sentenced on Jan. 29.
