Former New York Lieutenant Governor Brian Benjamin, right, leaves Manhattan federal court in April, accompanied by his attorney Barry Berke. Photo: Kevin Hagen/AP 'Stunning': Feds Instigated 11th-Hour Bid to Change Co-Conspirator's Stance in Benjamin Case, Says Motion to Dismiss Charges
The newly public sections center on prosecutors' alleged "eleventh hour" effort to change Migdol's allocution and insert what defense lawyers termed "the three magic words—quid pro quo"—to describe his interaction with Benjamin.
July 14, 2022 at 05:34 PM
3 minute read
Attorneys for former New York Lt. Gov. Brian Benjamin on Thursday filed new versions of Benjamin's motion to dismiss his corruption and bribery indictment, revealing what they describe as a "stunning" effort by Manhattan federal prosecutors to coerce a Benjamin co-conspirator into asserting he engaged in a quid pro quo with the former lieutenant governor.
Benjamin's lead attorney, Kramer Levin Naftalis & Frankel partner Barry Berke, alleged in the motion that the allocution read by Gerald Migdol during his plea hearing, which took place the same day a grand jury returned Benjamin's indictment, was drafted by prosecutors "in an apparent effort to buttress their theory of the case and impede Mr. Benjamin's defense."
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