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Old 07-28-2017, 06:34 PM
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Default Re: FBI: NYS Assembly Speaker Jew Vermin Sheldon Silver Arrested On Corruption Charges

http://nypost.com/2017/07/28/silver-...s-prosecution/

Silver delaying new trial in hopes elderly witness dies: prosecution
By Kaja Whitehouse
July 28, 2017 | 8:28pm

Former state Assembly speaker Sheldon Silver wants to delay Round II of his corruption trial, cynically hoping an elderly key witness might no longer be around, Manhattan federal prosecutors said Friday.

Prosecutor Tatiana Martins called Silver’s recent request to take his case to the US Supreme Court “little more than a delay tactic” aimed at gaining “a strategic advantage at his re-trial.”

Martins explained that this tactic centers around 81-year-old Dr. Robert Taub, who told the jury he referred patients suffering from asbestos-related health problems to Silver’s law firm in exchange for favors, including state-funded research grants.

“Silver’s apparent desire for further delay surely is motivated by his recognition that, as time passes, necessary witnesses and other evidence may be lost,” Martins said.

“Indeed, one of the central witnesses in Silver’s trial is over 80-years-old,” Martins then wrote.

Silver, 73, the state’s most powerful Democrat, was convicted in 2015 of accepting $4 million in kickbacks and bribes while speaker making him one of the three most powerful officials in Albany. The other two are the governor and the Republican leader.

Manhattan’s federal appeals court has since overturned the conviction amid questions about the jury instructions, which failed to adhere to the high court’s recent definition of bribery.

The appeals court rejected Silver’s argument that the case was without merit — leaving open the door for a retrial.

On Friday, Silver asked the appeals court to delay sending the case back to a lower court, where it would be retried, until he gets a shot at asking the US Supreme Court to toss the case on the merits.

A new trial ahead of Supreme Court review “would be a violation of Mr. Silver’s double jeopardy rights,” he lawyers argued.

The appeals court has yet to rule on the issue.
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Old 07-28-2017, 06:53 PM
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Default Re: FBI: NYS Assembly Speaker Jew Vermin Sheldon Silver Arrested On Corruption Charges

http://nypost.com/2017/07/28/sheldon...uble-jeopardy/

Sheldon Silver says retrial could violate ‘double jeopardy’
By Kaja Whitehouse
July 28, 2017 | 8:49pm

Disgraced former state Assembly Speaker Sheldon Silver says a new trial could violate his double jeopardy right to not be judged for the same crime twice.

In papers filed with the Manhattan federal appeals court, Silver outlined his plans to take his bribery case — which was recently overturned — to the US *Supreme Court.

He said he thinks the nation’s highest court could toss the corruption charges once and for all.

Meanwhile, he wants to avoid a retrial, which he says would violate his double-jeopardy protection.

Silver was convicted in 2015 of accepting $4 million in illegal bribes and kickbacks when he was head of the Assembly.

The conviction was overturned on technical grounds — leaving open the door for retrial.

Silver’s only shot to avoid a second trial is his Hail Mary bid to get the *Supreme Court to toss the charges on the merits.
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