Attorneys, judge debate jury instructions at Menendez trial

<p>Attorneys in the bribery trial of New Jersey U.S. Sen. Bob Menendez are arguing over what legal instructions the jury will hear from the judge before deliberating.</p>

News 12 Staff

Oct 31, 2017, 8:29 PM

Updated 2,386 days ago

Share:

By DAVID PORTER
Associated Press
NEWARK, N.J. (AP) - Attorneys in the bribery trial of U.S. Sen. Bob Menendez gathered on Tuesday to hash out the legal instructions the judge is to give to the jury before deliberations, a crucial phase of the trial in light of a recent Supreme Court decision that has already prompted the overturning of several public corruption convictions.
After eight weeks of testimony, jurors could hear closing arguments from both sides on Wednesday or Thursday.
Menendez, a New Jersey Democrat, is charged with taking gifts from a wealthy donor between 2006 and 2013 in exchange for political influence, including lobbying government officials on behalf of the donor's business interests. The donor, Florida eye doctor Salomon Melgen, also is on trial.
The two men have denied any bribery arrangement and say the gifts, which included flights on Melgen's private jet and a luxury hotel stay in Paris, are an outgrowth of their longtime friendship.
Before jurors hear closing arguments, they will be instructed by U.S. District Judge William Walls on the specifics of the law. That is especially important here because the definition of official bribery was narrowed by the Supreme Court's decision last year that overturned the conviction of former Republican Virginia Gov. Bob McDonnell.
Since then, courts have cited the decision to toss the convictions of former New York state lawmakers Sheldon Silver, a Democrat, and Dean Skelos, a Republican, and former Louisiana Rep. William Jefferson, also a Democrat.
The judge in Menendez's trial already denied the defense's motion to throw out the case on the grounds that the prosecution didn't demonstrate a bribery agreement under the McDonnell definitions. Both sides argued Tuesday over how the judge should instruct the jury on those points.
The defense proposed that the judge tell jurors they would have to find Menendez took gifts in exchange for official acts that "were agreed upon at the time of the exchange" to find him guilty. That conforms to language in the McDonnell decision, the defense wrote.
In contrast, prosecutors wrote that the judge should tell jurors they need only find Menendez took a thing of value "corruptly in return for being influenced in the performance of an official act" to find him guilty.
Menendez and Melgen each face six bribery counts, one conspiracy count and four related counts. Menendez also faces one count of making false statements by not reporting Melgen's gifts on Senate disclosure forms.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


More from News 12
0:54
Police: Double shooting kills one man, seriously injures another in Newburgh

Police: Double shooting kills one man, seriously injures another in Newburgh

2:03
Warm and dry today; showers move in tonight

Warm and dry today; showers move in tonight

2:34
Latimer and Bowman square off in News 12 debate for Democratic nod in 16th Congressional District

Latimer and Bowman square off in News 12 debate for Democratic nod in 16th Congressional District

54:48
WATCH: Rep. Bowman and Westchester County Executive Latimer debate in race for 16th Congressional District

WATCH: Rep. Bowman and Westchester County Executive Latimer debate in race for 16th Congressional District

0:19
$8 million allocated for pedestrian safety improvements in Ramapo

$8 million allocated for pedestrian safety improvements in Ramapo

2:41
Made in the Hudson Valley: An American Dream comes true through Laura's Boutique and Bridal

Made in the Hudson Valley: An American Dream comes true through Laura's Boutique and Bridal

0:18
Yonkers park to get $500,000 make-over and first upgrades in 35 years

Yonkers park to get $500,000 make-over and first upgrades in 35 years

1:01
Headlines: Pedestrian killed, suspects sought in hit-and-run, supermarket pepper spray incident

Headlines: Pedestrian killed, suspects sought in hit-and-run, supermarket pepper spray incident

1:20
White Plains Jewish Agency unveils memorial for massacre victims

White Plains Jewish Agency unveils memorial for massacre victims

0:39
Traffic Alert: Overnight roadwork in New Rochelle

Traffic Alert: Overnight roadwork in New Rochelle

0:28
Film Preservation Festival in full swing at Jacob Burns Film Center

Film Preservation Festival in full swing at Jacob Burns Film Center

0:21
35 new correction officers graduate intensive training program

35 new correction officers graduate intensive training program

0:22
Congressman secures $700,000 for energy efficiency improvements in Hudson Valley businesses

Congressman secures $700,000 for energy efficiency improvements in Hudson Valley businesses

NYC man fled traffic stop, crashed on Saw Mill River Parkway; faces slew of charges

NYC man fled traffic stop, crashed on Saw Mill River Parkway; faces slew of charges

1:50
Police seek identities of drivers seen operating school buses dangerously in Monsey

Police seek identities of drivers seen operating school buses dangerously in Monsey

0:45
Yonkers Police Department kicks off National Police Week

Yonkers Police Department kicks off National Police Week

1:13
Transgender bathroom policy discussed by community at Wappingers School District board meeting

Transgender bathroom policy discussed by community at Wappingers School District board meeting

0:17
Hurricanes score 4 in third period, rally to beat Rangers 4-1 in Game 5 to avoid elimination

Hurricanes score 4 in third period, rally to beat Rangers 4-1 in Game 5 to avoid elimination

2:14
Police investigate claims of antisemitic flyers, messages at Monsey business that put up Israeli flag

Police investigate claims of antisemitic flyers, messages at Monsey business that put up Israeli flag

0:25
Yonkers police seek suspects in pepper-spray incident at ShopRite

Yonkers police seek suspects in pepper-spray incident at ShopRite