In Sen
Menendez Case
Wrong Exhibits
Went to Jury
Now Motion for
New Trial
Denied
by
Matthew Russell Lee
SDNY COURTHOUSE,
Dec 13 – Amid reports of
investigation against Sen.
Robert Menendez for taking
gold bars, Inner City Press'
sources on September 21 it to
expect on Friday, September 22
an appearance in Federal court
in Manhattan by Menendez and
his wife Nadine Arslanian. This
scoop
was true.
Later a
superseder was unveiled,
including charges of bribes to
act for Qatar.
On January 10
Menendez filed a motion to
dismiss, arguing "the
government shockingly fails to
disclose the exculpatory fact
that [REDACTED]." Full filing
on Patreon here
On February 1,
Judge Stein granted some
unsealing - including of some
of the material in the vault
which Inner City Press
requested. Order here.
Jump cut:
Menendez et al were convicted;
Inner City Press published a
book, here.
On November 13,
2024 the US wrote in admitting
that "due to an error recently
discovered by the Government,
incorrect versions of nine
Government Exhibits were
loaded on the laptop the
parties jointly provided to
the jury for use in its
deliberations." Letter on
Patreon here.
On November 27,
the expected motion for
vacatur, on Patreon
here
On December 6,
the US opposed any new trial,
or even discovery, saying that
"there is no reasonable
possibility that any juror saw
any non-admitted portion of
any exhibit."
On December 9,
Judge Stein reaffirmed Nadine
Menendez' trial date: "ORDER
as to Nadine Menendez. The
trial of this action will
commence on Tuesday, January
21, 2025."
On December 13,
Judge Stein denied the
defendants' motions for a new
trial but combined Counts 1
and 15: "OPINION & ORDER
as to Robert Menendez, Wael
Hana, Fred Daibes re: [592]
MOTION for Acquittal (Senator
Menendezs Motion and Memo of
Law in Support of his Rule 29
Motion for Judgment of
Acquittal and Rule 33 Motion
for a New Trial) filed by
Robert Menendez. For the
reasons set forth above, the
Rule 29 and Rule 33 motions of
the defendants are denied and
Counts 1 and 15 of the S4
Indictment are deemed to be
multiplicitous. (Signed by
Judge Sidney H. Stein on
12/13/24)."
More
on Substack here
***
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