« Uninformed sycophancy: Charlie Rose interviews Bruce Ratner about "Atlantic City Yards" (sic), betrays zero recognition of controversy | Main | Retail ripples from Atlantic Yards »
March 13, 2012
Times says judge questions Ridge Hill conspiracy allegations, still hasn't covered Libous episode
Atlantic yards Report
The New York Times's sporadic coverage of the Yonkers corruption trial resumes today with Judge in Case From Yonkers Raises Doubts on Evidence, an article that should hardly displease Forest City Ratner:
Prosecutors contend that the councilwoman, Sandy Annabi, dropped her opposition to the mall complex, known as Ridge Hill, and a second smaller project, as part of a conspiracy in which she received payments of nearly $175,000 from a co-defendant, Zehy Jereis, and another man. The payments, which began as early as 2002, were made to “influence and control her official conduct, so that he could in turn sell his control over Annabi to the highest bidder,” a prosecutor said during the opening statement.
The judge, Colleen McMahon of Federal District Court, did not dispute that the evidence showed Mr. Jereis had conferred money and gifts on Ms. Annabi. But after sending the jury home, the judge made it clear that she was troubled by what she suggested was a lack of evidence of a criminal conspiracy, and asked for an unusual preliminary argument by prosecutors.
I wasn't there yesterday, so I'm not saying it's not newsworthy--after all, there hasn't been testimony about any plan hatched by Annabi and Jereis.
And the Journal News covered the episode too, in Annabi judge skeptical of prosecution theory:
“We do not allege, we do not have to prove, there was any express agreement to flip the vote,” Assistant U.S. Attorney Perry Carbone said. He said it was enough for the government to show that there were payments, that there were efforts to conceal them, and that Annabi took official action as a result.
Indeed, a jury might infer that Annabi's acceptance of money and gifts from Jereis involved an expectation of cooperation.
Related content...
The New York Times, Judge in Case From Yonkers Raises Doubts on Evidence
Beyond payments and gifts, the judge said: “Is that it? There’s nothing else? It’s just the giving and receiving of stuff?”
The judge’s comments, which were focused only on charges involving the Ridge Hill project, came on the eve of what are expected to be motions by the defense after the government rests to dismiss the indictment before the case even goes to the jury.
Such requests are routinely made by defense lawyers, and it is rare for judges to dismiss cases at that stage, when the government cannot appeal the decision. Judges may reserve such a decision until after trial and direct an acquittal if they feel that the evidence did not support a conviction. The government may appeal such a ruling.
In court on Monday, two prosecutors, Jason P. W. Halperin and Perry A. Carbone, emphasized that they had offered abundant evidence to support a conspiracy charge. They said the evidence showed that Ms. Annabi had received payments and concealed them from council members and others; had carried out official acts for Mr. Jereis, like attending meetings with officials of Ridge Hill’s developer, Forest City Ratner; and later voted to approve the project.
NoLandGrab: Guess the judge feels a good old-fashioned bribe just ain't a crime anymore.
The Journal News, Annabi judge skeptical of prosecution theory
Posted by eric at March 13, 2012 12:05 PM