Tag Archives: Malcom Smith

State Sen. Malcolm Smith’s corruption trial declared a mistrial


| ejankiewicz@queenscourier.com

File photo

Judge Kenneth M. Karas declared a mistrial Tuesday in the corruption trial against state Sen. Malcolm Smith, reports said.

The decision was made after it was revealed that the United States Attorney’s office failed to turn over 9,000 recorded conversations to defense lawyers until well into the trial, prompting several jurors to say that they could not wait for the defense to process the new recordings, according to the New York Times.

The recordings, almost 300 hundred of which are in Yiddish, were made or received by Moses Stern, a Rockland County developer who became a government informer in order to avoid a prison sentence.

The case against another defendant, the Queens Republican leader Vincent Tabone, was also declared a mistrial. But the case against Dan Halloran, a former councilman, will continue next week, according to the Times. A new trial date of Jan. 5, 2015 is set for Smith and Tabone.

Smith, who currently holds office and is seeking reelection, is accused of trying to bribe his way into a GOP nomination for mayor.

On  June 12, the morning before the day’s trial, federal prosecutors argued that the conversations were irrelevant to bribery crime and wire fraud with which the defendants, including Smith, are charged, the Times said. But the defense – including Smith’s lawyer Gerald L. Shargel – convinced the judge that somewhere in the recordings there might be evidence that Stern and an undercover agent entrapped the defendants. The judge decided to postpone his decision until Friday to give prosecutors a chance to show him how the recordings might be translated quickly enough for the current case to continue.

But it could take weeks to translate the Yiddish material since none of the lawyers speak Yiddish, according to the Times. And that’s something the jurors can’t wait for.

“The lawyers are working around the clock as it is, and now you’re adding a pretty substantial review of the recordings,” the judge said.

Jurors were then ushered into the courtroom where more secretly recorded conversations were played and they heard Smith say that bribes are the “business of government,” according to the New York Post.

“Tell them I got a kid in Albany that needs to be born. So when you birth him . . . I’ll help you with your children,” Smith is heard saying on the tapes. “I’d say absolutely not,” to giving more bribe money.

“I’d say, ‘I’m not giving you a freaking dime.’ I’d say, ‘If I even give you a nickel more, you have to stand on the Empire State Building and drop every person you endorsed and hold Malcolm up and say he’s the best thing since sliced bread. Matter of fact, he’s better than sliced bread.’ ”

Smith, a Democrat who was for a time the State Senate majority leader, is charged with being the linchpin in a conspiracy to bribe Tabone, then the vice chairman of the Queens County Republican Committee, and Joseph J. Savino, the Bronx Republican chairman, so he could get their authorization to run for mayor as a Republican in 2013. Savino pleaded guilty to bribery. Tabone has argued that the payment he received was a legal retainer and he was entrapped into taking it. Halloran allegedly served as a go-between in discussions with the Republicans.

 

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Newly revealed recordings may halt Malcolm Smith’s corruption trial


| ejankiewicz@queenscourier.com

File photo

State Sen. Malcolm Smith’s corruption trial might be put on hold, according to reports.

The United States Attorney’s office failed to turn over 9,000 recorded conversations to defense lawyers until well into the trial, prompting the judge in the case to consider adjourning the case or declaring a mistrial, according to the New York Times.

The recordings, almost 300 hundred of which are in Yiddish, are made or received by Moses Stern, a Rockland County developer who became a government informer in order to avoid a prison sentence.

Smith, who currently holds office and is seeking reelection, is accused of trying to bribe his way into a GOP nomination for mayor.

On Thursday morning before the day’s trial, federal prosecutors argued that the conversations were irrelevant to bribery crime and wire fraud that the defendants, including Smith, are charged with. But the defense – including Smith’s lawyer Gerald L. Shargel – convinced the judge that somewhere in the recordings there might be evidence that Stern and an undercover agent entrapped the defendants. The judge, Kenneth M. Karas, decided to postpone his decision until Friday to give prosecutors a chance to show him how the recordings might be translated quickly enough for the current case to continue.

But it could take weeks to translate the Yiddish material since none of the lawyers speak Yiddish, according to the Times.

“The lawyers are working around the clock as it is, and now you’re adding a pretty substantial review of the recordings,” the judge said.

Jurors were then ushered into the courtroom where more secretly recorded conversations were played and they heard Smith say that bribes are “business of government,” according to the New York Post.

“Tell them I got a kid in Albany that needs to be born. So when you birth him . . . I’ll help you with your children,” Smith is heard saying on the tapes. “I’d say absolutely not,” to giving more bribe money.

“I’d say, ‘I’m not giving you a freaking dime.’ I’d say, ‘If I even give you a nickel more, you have to stand on the Empire State Building and drop every person you endorsed and hold Malcolm up and say he’s the best thing since sliced bread. Matter of fact, he’s better than sliced bread.’ ”

Smith, a Democrat who was for a time the State Senate majority leader, is charged with being the linchpin in a conspiracy to bribe Vincent Tabone, then the vice chairman of the Queens County Republican Committee, and Joseph J. Savino, the Bronx Republican chairman, so he could get their authorization to run for mayor as a Republican in 2013. Savino pleaded guilty to bribery. Tabone has argued that the payment he received was a legal retainer and he was entrapped into taking it. The third defendant is Daniel J. Halloran, who allegedly served as a go-between in discussions with the Republicans.

 

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Street Talk: What was your reaction to the mayoral bribery scandal?


| aaltamirano@queenscourier.com

scandal street talk

It’s a shame. It almost sounds like it’s a made for TV scandal.
Joel Yu


Unfortunately this is American politics. They forget it’s government by the people.
Jeff Meltzer


Shocked. Disappointed. Makes you wonder if anyone is honest anymore.
Patti Seiler

The city has enough problems. We can’t afford this.
Gail Kaplan 


That’s terrible. I’m trying to get money to survive right now, I’m struggling to pay rent and they’re trying to get money to rig an election.
Mindy Singer 


I think they’re crooks and robbers. They’re legitimate criminals.
Ernest White 


Nothing surprises me anymore. Not in this city, not in this political environment. Politicians are out for themselves and in the end it’s the people that suffer.
John Alexopoulos 

They should put them if jail if it’s true.
Nestor Murdocca