Federal prosecutors have dropped corruption charges against former New York State Lt. Governor Brian Benjamin after a key witness, real estate developer Gerald Migdol, died before his bribery and wire fraud trial began.
Prosecutors said in a court filing Friday that it is no longer possible to prove beyond a reasonable doubt that Mr. Benjamin conspired to direct state funds to Migdol.
“Based on a review of the evidence in the case, and in light of the death of cooperating witness and co-defendant Gerald Migdol, the government has determined that the charges in the indictment can no longer be proven beyond a reasonable doubt.” wrote the prosecutor.
Before his death in February 2024, Migdol, a Brooklyn-based real estate developer, pleaded guilty to bribery charges for making donations to Benjamin in exchange for state grants.
“Today's vindication of Brian Benjamin is a timely reminder of the Rev. Martin Luther King Jr.'s famous words: 'The arc of the moral world is long, but it bends toward justice. ''' said Benjamin's attorneys Barry Burke and Dani James. Darren Laverne wrote in a statement Friday.
Benjamin, a former Democratic state senator from Brooklyn, was selected by Gov. Kathy Hochul to serve as lieutenant governor shortly after taking office following Andrew Cuomo's resignation in 2021.
Benjamin resigned shortly after turning himself in in 2022.