Menendez Seeking Mistrial After Ethics Lawyer Barred From Giving Testimony
The judge in the corruption trial of U.S. Sen. Bob Menendez, D-New Jersey, is expected to rule Monday on a defense motion for a mistrial.Thursday's…
October 27, 2017 at 03:27 PM
4 minute read
The judge in the corruption trial of U.S. Sen. Bob Menendez, D-New Jersey, is expected to rule Monday on a defense motion for a mistrial.
Thursday's mistrial motion was prompted by a ruling from U.S. District Judge William Walls that barred the defense from presenting testimony from Marc Elias, a Perkins Coie lawyer who represented Menendez in an ethics probe by the U.S. Senate before his indictment. Defense lawyers also cited several prior rulings by Walls limiting what evidence the defense could present the jury to support the mistrial motion.
Lawyers for Menendez and for co-defendant Salomon Melgen sought to present testimony from Elias on his representation of the senator in the 2012 inquiry, but a prosecutor objected, claiming Elias' testimony would constitute hearsay because it would represent Menendez's testimony to the Senate ethics committee.
Defense lawyers also cited Walls' exclusion of testimony from another defense witness, Amy Bassano, an official in the Medicare program, and limits on the scope of testimony from Augustin Garcia, a Florida Democratic Party official who testified Thursday.
Elias has been in the spotlight recently because of reports he allegedly commissioned a report on behalf of Hillary Clinton's presidential campaign that said Russia had learned of salacious allegations about Donald Trump.
Lawyers for Menendez and Melgen cited Walls' frequent assertions that defense testimony cannot be brought before the jury because it's cumulative or duplicative of other testimony.
“You didn't preclude anyone [federal prosecutors] wanted to call. They called people that were completely irrelevant. We didn't contest any of that. Witness after witness,” Melgen's lawyer, Kirk Ogrosky of Arnold & Porter Kaye Scholer in Washington, D.C., said to Walls.
“But you see,” Walls responded, “the problem that I think you and your colleagues fail to appreciate is that you are bound by the same Rules of Evidence and law as everyone else. Just because you are charged with a crime doesn't mean that we throw away the rules and say, 'OK, anything you want to say or do, we will let you do.'”
The motion for a mistrial came after U.S. Sens. Lindsey Graham, R-South Carolina, and Cory Booker, D-New Jersey, testified favorably about the character of Menendez.
Walls is unlikely to grant a mistrial, but even if it is not granted, seeking one could help the defense, said Lee Vartan, a former federal prosecutor who practices white-collar defense with Chiesa, Shahinian & Giantomasi in West Orange.
The standard for relevance in such circumstances is a low burden, but judges often misapply the standard, said Vartan.
“It's very rare that a District Court judge is going to second-guess himself or herself. But that doesn't mean the record they are creating won't [help] if it goes to the Third Circuit. Any good defense attorney is going to look to get an acquittal and at the same time look to add to the record,” Vartan said.
The mistrial motion could also help Menendez hone his public image and “have a counternarrative out in the media,” said Vartan. “Any time I've tried a case that's high profile, it's not a good idea to just put your head in the sand. I don't think there is anyone who is trying this case who is just trying it in the courtroom.”
Menendez is accused of accepting nearly $1 million worth of campaign contributions, hotel rooms and flights in a private jet and on commercial airlines from Melgen in exchange for applying the power of his Senate office to intervene with government officials in various personal and business matters on Melgen's behalf. Menendez is accused of advocating for Melgen in connection with his alleged overbilling of Medicare for $8.9 million, applying pressure on federal bureaucrats in connection with a conflict between Melgen and the government of the Dominican Republic over his port security business, and helping three overseas women friends of Melgen obtain U.S. visas.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCivil Reservations: An Important Tool for New Jersey Courts and Criminal Defendants
7 minute readFormer Fed Prosecutor Takes Leadership Role in NJ AG's Public Corruption Department
4 minute readNJ Supreme Court Weighs Scientific Reliability of Shaken Baby Syndrome
5 minute readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250