THE MENENDEZ TRIAL: Attorneys Go to Work with Walls

Menendez

NEWARK – Attorneys for the prosecution and defense in Sen. Bob Menendez’s federal corruption trial are working with Judge William Walls to hammer out legal instructions to the jury, which will be read aloud before deliberations begin.

Tedious but vitally important, the jury charges set the boundaries for guilt or innocence in the case by interpreting the law behind the criminal charges against the senator and his co-defendant Dr. Salomon Melgen.
An added challenge to the process is how the Supreme Court decision reversing former Virginia Gov. Bob McDonnell’s corruption conviction factors in. The 2016 decision redefined bribery as a more explicit act than how it had been prosecuted before. Menendez was indicted before the Supreme Court issued its ruling.
Going line by line through the proposed document, with edits suggested by all sides as they went along, Walls realized the process threatened to get bogged down in details.
“What is the forest here?” Walls asked, referencing the “forest from the trees” saying. “The forest is bribery.”
The lawyers and Walls seemed most focused on two issues: the definition of an “official act” by Menendez for Melgen, and the “stream of benefits” theory of bribery which was at the center of a motion to dismiss the case two weeks ago.
Other points came up in the discussion as well.
“The jury has to make a determination you have not discussed,” Walls said to defense attorney Murad Husain. “The presence or absence of intent.”
Jurors have a day off today, but are slated to return tomorrow. Walls plans to read them the jury charge before they hear closing arguments.
If the charges are ready tomorrow and closings occur Thursday, the jury could begin deliberations as soon as Friday. But if the arguments over the charging document go a second day, that whole time line could be disrupted.
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