Trial not going well for Wills

From the NY Post:

Queens Councilman Ruben Wills flew into a rage in court Monday — slamming his fists on the table and yelling at the top of his lungs — as a judge all but threw out his defense in his ongoing corruption trial.

The pol grew infuriated when Queens Supreme Court Judge Ira Margulis barred his lawyer from calling five witnesses, saying they were irrelevant to the case.

The two then continued bickering out of the presence of the jury, which has been hearing evidence since the beginning of this month that Wills allegedly misspent $30,000 in taxpayer funds by blowing it on personal expenses.

“You cannot speak. You have an attorney to speak for you,” Margulis told the fuming Democrat.

Wills retorted, “But you are preventing my attorney from making a case!”

Margulis then issued a stern warning, “One more outburst and I will hold you in contempt!”

“I’m not going to allow these witnesses,” Margulis said before he was interrupted by Wills, who bellowed, “How can do you do that?!” while banging his hands on the defense table.

Wills was admonished a second time for slamming a giant stack of papers on the table and muttering loudly after Margulis refused to postpone the trial so that defense could call witnesses who were unavailable Monday.

The judge eventually allowed one witness — Kim Newsom — to testify Monday afternoon but told O’Donnell, “You’re asking to produce witnesses to testify as to what is in your client’s mind. How can they do that?”

I googled Ruben Wills and this came up first:

Hacked? Or just run by a hack?

Wills finally on trial

From NY1:

Queens City Councilman Ruben Wills is the latest elected official to stand trial on corruption charges. In laying out their case Wednesday, prosecutors said he pocketed thousands of dollars in taxpayer money to use on clothing, meals, and even construction supplies. NY1's Bobby Cuza filed the following report.

Even before he was first elected to the City Council, Ruben Wills had already begun a scheme to defraud taxpayers, prosecutors said, stealing $19,000 in state grant money awarded to his Queens non-profit, and $11,500 in public campaign finance funds.

At opening arguments Wednesday, Assistant Attorney General Travis Hill said that for Wills, "stealing taxpayer funds was business as usual."

The trial is now finally underway after numerous delays, including Wills missing court appearances with an undisclosed illness.

He faces up to seven years in prison on six charges, including fraud and grand larceny, all of which he is vigorously contesting.

Sampson not the smartest tweeder

From the Daily News:

State Sen. John Sampson coached a shady Queens businessman over drinks at an Italian restaurant in Mafia boss John Gotti’s old neighborhood, on how to fool the feds, it was revealed Tuesday.

Federal prosecutors played tapes secretly recorded inside Vetro restaurant in Howard Beach by star witness Edul Ahmad who had loaned Sampson $188,500 so the Brooklyn Democrat could repay foreclosure funds he had allegedly embezzled.

Ahmad was instructed by the FBI to show Sampson a check register documenting the loan. “This opens up a can of worms,” Sampson allegedly said at the Feb. 22, 2012 sit down. “Make sure you lose a couple of pages here and there…You don't have to give it to them.”

Speaking in a loud voice, Sampson advised Ahmad not to lie to the feds, but then whispered suggestions that he falsely claim the loan was payment for years of legal work that Sampson had performed for him.

Tabone really stepped in it!

From the NY Post:

As jury selection began Monday in the new bribery trial for former state senator Malcolm Smith, his co-defendant was slapped with ​new charges — for allegedly tampering with a witness.

Prosecutors say former Queens Republican Vice Chairman Vincent Tabone on May 23 confronted Philip Ragusa, who then chaired the borough’s GOP party, at his home and tried to convince him not to testify when Tabone and Smith were on trial earlier this year for trying to fix the 2013 mayoral race.

That White Plains federal court proceeding resulted in a June mistrial following the feds’ late release of more than 92 hours of recordings – including 28 hours in Yiddish yet to be translated.

A superseding indictment in the $200,000 bribery case now alleges Tabone spoke to the “county chairman,” who is not mentioned by name, while the chairman was “failing in health” and “resting in bed” and “encouraged” him not to testify. Tabone also allegedly claimed “no court” could “force” Ragusa to testify. The death-bed conversation took place an hour before Ragusa was supposed to give a deposition to prosecutors.

Ragusa, who was never charged with wrongdoing, was expected to eventually testify at the trial in defense of another co-defendant, former Councilman Dan Halloran (R-Queens), but died in June of leukemia.

I gotta laugh at this, because Tabone originally claimed that he would get the charges dismissed because he wasn't an elected official and therefore couldn't be charged with bribery and now he went ahead and screwed himself. Once you're charged with a federal crime, it's best not to talk to anyone because the wiretaps and nervous witnesses are more than likely gonna trip you up.

Smith demanded quid pro quo

From the NY Post:

They say he offered to sell Albany votes like shares of stock — and now federal prosecutors want to use those fundraising boasts to send state Sen. Malcolm Smith to jail.

The disgraced Queens breakaway Democrat, whose corruption trial for trying to buy his way onto the Republican line for mayor last year resumes in January, warned dozens of top New York lobbyists that their clients would be shut out of state politics if they didn’t make large contributions, the feds say in a new filing.

“Smith told the attendees that they should treat the fundraiser as an ‘IPO’ [initial public offering] by donating early while prices were low and while there was still an opportunity to participate,” Assistant US Attorney Justin Anderson wrote Wednesday of the August 2008 gathering in upstate Kingston.

“Smith’s comments implied that those who failed to make contributions to his campaign at that time would find themselves having to pay more later or being unable to accomplish anything with the Senate under Smith’s leadership.”

Smith told the lobbyists then that the Democrats were expected to win control of the Senate in that upcoming November election and that he’d be among the key pols calling the shots for the reorganized legislative body.

Anderson filed the legal papers last week asking White Plains federal Judge Kenneth Karas to allow prosecutors to present the boast as evidence at Smith’s trial.

Linking contributions to future government actions is illegal under New York law.

Halloran, Smith trial on hold

From the Times Ledger:

Hours of conversations and hundreds of text messages in Yiddish have stalled the federal corruption trial of state Sen. Malcolm Smith (D-Hollis), former Bayside Councilman Daniel Halloran and the ex-vice chairman of the Queens Republican Party, Vincent Tabone.

Attorneys representing the Queens trio, who are charged with participating in Smith’s alleged scheme to bribe his way onto the GOP line for the 2013 mayoral election, have urged the judge to dismiss the indictments and call a mistrial because they say the government did not turn over Yiddish conversations quickly enough for them to prepare for proceedings.

Judge Kenneth Karas instructed prosecutors and defense attorneys to submit documents detailing their arguments over the weekend and planned to resolve the dispute during a Monday conference in federal court in White Plains, according to Herb Hadad, a spokesman for prosecutors in the U.S. Attorney’s Office.

Hadad said the judge intended to call the jury back Tuesday and inquire whether the jurors could remain in court past June, when he had initially planned to wrap up the trial.

Karas then will decide how to proceed.

Dan tries to plead insanity

From the NY Post:

Former City Councilman and “pagan prince” Dan Halloran now says he’s crazy — but it’s only to stall his trial next week on charges that he aided in Rep. Malcolm Smith’s plan to rig the mayoral race, prosecutors say.

Halloran (R-Queens) notified White Plains federal Judge Kenneth Karas this week that he “underwent surgery to remove a brain tumor” in May 2012 and wants to use insanity as a defense for his alleged aberrant ­behavior.

Assistant US Attorneys Douglas Bloom and Justin Anderson fired back with a letter to Karas, accusing Halloran of doing whatever it takes to delay the trial.

“Pretrial motions were due six months ago” but Halloran waited “until the week before trial to request an insanity instruction,” prosecutors wrote.

“Brain surgery, in and of ­itself, is not a basis for an ­insanity defense. Halloran does not allege that the surgery — which, based on press reports, involved the removal of a benign tumor from
above his ear two years ago — affected his cognition in any way. To the contrary, at the time, he claimed to have recovered well.

“Given that Halloran’s request was filed simultaneously with his application for a six-month continuance, it appears to be nothing more than an attempt to ­delay the trial,” the prosecutors said.

Malcolm doesn't think he did anything wrong

From the NY Post:

Queens state Sen. Malcolm Smith wants to present a surprise witness to prove his innocence at his upcoming corruption trial — convicted ex-Queens Sen. Shirley Huntley, stunning new court papers filed Friday reveal.

Smith, who is claiming he was framed by the government, wants two secret conversations that Huntley recorded with him submitted as evidence to bolster his defense.

“These recorded conversations demonstrate that Smith had no predisposition to engage in any criminal conduct,” Smith attorney Gerald Shargel said.

“On these recordings, Huntley proposes various unlawful acts in which she hoped to ensnare Smith. Each time, Smith rejected her criminal overtures,” Shargel added.

From the Daily News:

Embattled state Sen. Malcolm Smith says there’s nothing wrong with having politicians on the “payroll.”

In papers filed in Manhattan Federal Court on Friday, Smith said there was nothing unusual or criminal about his comments, caught on an FBI wiretap, that he helped himself get to a leadership position in 2008 by spreading cash around to his Democratic colleagues.

The feds shouldn’t be allowed to use that against him because it’s not illegal, Smith’s papers say.

Smith wants trial postponed; Albany may ban use of donations to pay lawyers

From NY1:

State Senator Malcolm Smith wants to delay his trial on corruption charges until his re-election race is over.

The Queens Democrat's attorney asked a federal judge to wait until this year's primary date is set, then schedule the trial afterward.

He said Smith should run for office "unfettered."

The prosecution, however, says that voters would be better served with a verdict before the election.

From the NY Post:

A bill introduced by Brooklyn Assemblyman Nick Perry would make it illegal for corrupt politicians to use campaign cash to pay legal bills.

Under the measure introduced last week, elected officials wouldn’t be able to access donor funds if they’re indicted, charged or convicted of a crime, or if they resign as a result of violating state ethics law. Cash remaining in their campaign accounts would be forfeited to the state comptroller’s office, which would issue refunds to contributors.

Currently, lawmakers are able to take money from their campaign coffers and use it on high-priced lawyers to keep them out of the clink.

Former state Sen. Carl Kruger, who represented Mill Basin in Brooklyn, was sentenced to prison in April 2012 after taking bribes to steer $900,000 in taxpayer money to nonprofits. He used $1.5 million
from his campaign account to pay legal bills.

Former Senate Majority Leader Joseph Bruno also shelled out about $1.5 million in donor cash to combat federal corruption charges.
Like all campaign-reform proposals, however, the bill faces hurdles in Albany.

Interesting revelations during Liu fundraiser trial

From the NY Post:

Thomas Wang, 26, testified yesterday in Manhattan federal court that he agreed to donate $500 to the Democratic city comptroller at the request of Liu’s then-campaign manager, Jia “Jenny” Hou, whom Wang had dated at the Bronx HS of Science.

Wang said he was hoping to get back together with Hou when she asked him to help meet a $1 million fund-raising goal for Liu’s nascent mayoral campaign in July 2011, and promised to personally reimburse Wang for his contribution.

Wang e-mailed Hou his credit card info, although online-chat records introduced into evidence in Manhattan federal court showed that Hou never used the card because the campaign had met its mark.

Also testifying yesterday was construction-company owner Jian Kang Chen, who posed next to Liu for a group photo at May 2011 fund-raising event where Liu was allegedly showered with illegal contributions.Chen, who also testified under a non-prosecution agreement, said he arranged for six of his employees to donate $800 each and later get reimbursed with his money.

Chen, who said he didn’t make a donation himself because he doesn’t have a green card, said he engaged in the scam to curry favor with Liu supporter and Chinese-grocery magnate Jeffrey Wu, who hosted the event and hired Chen to renovate apartments in a Flushing, Queens, high-rise he owns.

From the NY Times:

Mr. Liu has not been charged, but his name has been invoked frequently in court. On Thursday, Samantha Bell, an agent with the Federal Bureau of Investigation, was testifying about an interview with Ms. Hou that was conducted before her arrest.

Ms. Hou’s lawyer, Gerald B. Lefcourt, asked whether Agent Bell had asked Ms. Hou if there was a “personal relationship” between Mr. Liu and a longtime aide, Crystal Feng.

“Yes,” Agent Bell said.

Mr. Lefcourt also asked whether the agent suggested to Ms. Hou that because Mr. Liu had long-term relationships with Ms. Feng and another aide, Mei-Hua Ru, “that he would be close to them and they would throw her under the bus, or words to that effect.” Agent Bell denied that.

Is this saying what I think it's saying?

Oliver Pan conveniently lost his mind

From the NY Post:

The former fund-raiser charged with scheming to funnel illegal campaign contributions to embattled city Comptroller John Liu has been sent to the nuthouse, further delaying his trial.

Xing Wu “Oliver” Pan is “involuntarily committed in connection with a mental-health condition” and undergoing treatment, Manhattan federal Judge Richard Sullivan said in court today.

Sullivan put off Pan’s trial, which was supposed to be under way already, until April 15 — unless Pan is fit before then.

Sources have told The Post that Pan was locked up Friday over fears he was suicidal.

Defense lawyer Irwin Rochman said he would be ready for trial within a few day of Pan’s release.

Police evidence destroyed by storm

From the NY Times:

Perched on a narrow crook of land jutting into New York Harbor, the Erie Basin auto pound and evidence warehouse seems a logical place to store hundreds of seized cars, thousands of guns and 9,846 barrels of evidence containing sensitive DNA material.

It is easy for the New York Police Department to safeguard the secluded bunker, in Red Hook, Brooklyn, from potential thieves.

But not, it turns out, from the surrounding water.

As Hurricane Sandy lashed the city, the surge breached the warehouse’s roll-top doors and hurtled hundreds — perhaps thousands — of its barrels into the wet muck. The storm wreaked similar havoc at another Police Department warehouse by the water, along Kingsland Avenue in Greenpoint, Brooklyn.

Now, the damage is having an impact on the courts.

In at least six criminal trials in recent weeks, a police official has had to testify that evidence was inaccessible, but still existed, said Paul J. Browne, the chief spokesman for the Police Department.

Prosecutors and defense lawyers said they were concerned that many more cases could emerge. “This is likely to be the tip of the iceberg,” said Steven Banks, chief lawyer for the Legal Aid Society.

Judge nixes public payment of defense

From the NY Post:

Here’s a bright bit of news: Crooked Albany pols may be getting only one one shot at having taxpayers cover their legal bills when they’re caught with their hands in the cookie jar.

To be specific, Assemblyman William Boyland Jr. (D-Brooklyn) received the bad news last week: Brooklyn federal Judge Sandra Townes rejected his request that taxpayers pick up the bill for his legal defense in his latest corruption trial.

Townes rightly noted that Boyland — who owns a $460,000 home and earns a $79,500 part-time salary plus a legislator per diem that brings in an additional $17,000 — should be able to afford his own attorney.

Of course, it’s understandable that Boyland would assume that he could get the public to pay for his legal defense in this trial, his second in as many years.

After all, the taxpayers were on the hook in last year’s federal trial — in which he beat a variety of pay-to-play and no-show-job charges.

The Manhattan federal judge who heard that case determined that taxpayers should subsidize Boyland’s defense.

And so it begins

From The Politicker:

This afternoon, just as comptroller and likely 2013 mayoral candidate John Liu appeared alongside Mayor Michael Bloomberg at a press conference discussing the post-Sandy state of the city’s finances, legal arguments got underway this afternoon in the trial of his supporter Xing Wu “Oliver” Pan and his young campaign treasurer Jia “Jenny” Hou, who are being accused of participating in a conspiracy to direct illegal contributions to Mr. Liu’s war chest. In the courtroom today, Judge Richard Sullivan rejected four pre-trial motions requested by Mr. Pan and Ms. Hou’s attorneys and ordered the trial to begin as scheduled February 4.

The first motion argued before the court this afternoon was presented by Mr. Pan’s lawyer, Irwin Rockman. He said the case against his client should be dismissed entirely due to “outrageous government conduct,” namely that FBI agents continued their undercover investigation of Mr. Pan though he said they should have known “Mr. Pan had no interest in engaging in a violation of campaign finance law.” He based this argument on the claim wiretap recordings indicate Mr. Pan repeatedly told an undercover agent who posed as a Houston businessman eager to have funds in excess of the maximum allowed amount funneled to Mr. Liu through a system of straw donors about Mr. Liu’s campaign “self-imposed limit of $800″ on contributions. Mr. Rockman also said his client had been “terrorized” by law enforcement agents who subjected him to an “ominous vague threat” by indicating they knew the whereabouts of his wife and children. The lawyer said this was especially traumatizing to Mr. Pan because he spent his “formative years” in the “totalitarian regime” of the People’s Republic of China.

Judge Sullivan indicated Mr. Rockman’s motion had no legal precedent and said he felt like he was being asked to rule based on “squishy stuff in the pit of my belly” rather than the rule of law.

“This is a court of law, not a psychiatrist’s couch,” the judge said.

Unsurprisingly given his reaction to the argument, Judge Sullivan ended up rejecting the motion and siding with the prosecution’s contention the issues raised by Mr. Rockman did not constitute a violation of due process.