Ex-NY state senate leader, son fail to dismiss corruption case
NEW YORK (Reuters) - A federal judge has refused to dismiss the corruption indictment of Dean Skelos, the former majority leader of the New York State Senate, and his son Adam, clearing the way for a retrial next week.
In a decision made public on Monday, U.S. District Judge Kimba Wood in Manhattan rejected claims that a recent U.S. Supreme Court decision narrowing the definition of corruption tainted the government’s case.
Wood said it was sufficient for prosecutors to allege that Dean Skelos “took some official action or actions” in exchange for payments for his son, but that they did not have to occur simultaneously.
The judge also rejected the Skeloses’ request to move the retrial out of New York, which they said was necessary because heavy press coverage had “poisoned” the jury pool and caused their guilt to be “generally presumed” in the state.
Lawyers for the defendants did not immediately respond to requests for comment. A spokesman for U.S. Attorney Geoffrey Berman in Manhattan declined to comment. The retrial is scheduled for June 19, court records show.
Prosecutors accused Dean Skelos, a Long Island Republican, of using his position as Senate majority leader to pressure three companies to provide his son with consulting work, a “no-show” job and a $20,000 payment.
The Skeloses were convicted in December 2015. Wood later sentenced Dean Skelos to five years in prison, and Adam Skelos to 6-1/2 years. Both remained free on bail during their appeals.
In overturning their convictions, the federal appeals court in Manhattan cited a Supreme Court decision that involved former Virginia Governor Bob McDonnell, and said routine activities such as arranging meetings were not a basis for corruption prosecutions.
The same appeals court also cited McDonnell in overturning the November 2015 corruption conviction of Sheldon Silver, the former New York State Assembly speaker.
Silver, a Democrat, was retried and found guilty on May 11. He has yet to be sentenced.
New York Governor Andrew Cuomo, Silver and Dean Skelos together once comprised the “three men in a room” who held enormous sway over legislation in the state capital of Albany.
The Silver and Skelos prosecutions were part of a series of corruption cases brought by Berman’s predecessor, Preet Bharara.
Reporting by Jonathan Stempel in New York; Editing by Nick Zieminski and Marguerita Choy
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