Former Sen. Bob Menendez (D.N.J.) asks a federal judge to overturn his corruption conviction after it was revealed that jurors were mistakenly shown inappropriate evidence during deliberations. and requested that a retrial be granted.
Mr. Menendez's lawyer Adam Fee written in court filings It said a new trial was “inevitable” due to “serious violations”.
“There is no question that this mistake was unintentional, and the responsibility lies solely with the government, which must accept the consequences,” Fee wrote.
Earlier this month, federal prosecutors said nine exhibits shown to jurors during deliberations should be redacted after a prosecutor accidentally uploaded a laptop and was viewing the evidence in a different version. It was revealed that the documents were displayed.
The government said the mistake did not jeopardize Mr. Menendez's conviction and should not require any action, but Mr. Menendez and two co-defendants, New Jersey businessman Wael Hana, Fred Dives' attorney disagrees.
Evidence shown to jurors by chance had previously been prohibited by U.S. District Judge Sidney Stein. Prosecutors called for a reconsideration of that decision, calling the evidence “very important” and defense attorneys arguing it strengthened their case for a new trial.
Mr. Menendez's lawyer, Mr. Fee, said the exhibit, which happened to be unredacted, contained the “only evidence on record” linking Mr. Menendez to the “actual and complete provision” of military aid to Egypt. It said this was the “only evidence on record” relating to Menendez's “actual and complete provision” of military aid to Egypt, which is at the heart of Menendez's treason charges. Ta. a foreign agent in that country;
Meanwhile, Assistant U.S. Attorney Paul Monteleoni previouslywritten in court filingsProsecutors and defense attorneys argued that they were unaware of the mistake and that the unredacted content likely would not have affected the jury's verdict.
In fact, he said it was “extremely unlikely” that jurors would have “noticed” the incorrect exhibit version during deliberations.
Dives, one of Menendez's co-defendants, written in another document A 10th exhibit dedicated to him was also inappropriately shown to jurors, it said. The exhibit included a text message thread that apparently included a reference to former Nazi leader Adolf Hitler, a detail that created prejudice against Duybes and said, “Nothing could be more obvious.'' No,” his lawyer wrote.
Menendez was sent to the Senate in August after being found guilty on all 16 charges he faced, ranging from accepting lavish bribes in exchange for political influence to acting as a foreign agent in Egypt. I resigned. He has maintained his innocence and vowed to appeal the sentence.
All three defendants are scheduled to be sentenced on January 29th.
