Sen. Menendez Trial: Judge Rules ‘No Mistrial’

NEWARK, NJ — Accused U.S. Senator Robert Menendez has taken two, early whacks at winning his criminal corruption trial, swinging and missing both times. On Monday, a federal judge dismissed Menendez’s attempt to move for a mistrial in the case, calling his attorneys’ arguments “silly” and without “palpable merit.”

Menendez’s lawyers had alleged that the court had kept them from introducing evidence and key witnesses.

“The court's evidentiary rulings and comments throughout this trial evince a cumulative abuse of discretion that has deprived defendants of their Fifth and Sixth Amendments rights to a fair trial, to an adequate defense, and to confront the witnesses against them,” his attorneys stated.

That argument was bunk, prosecutor Peter Koski responded.

“This is part of the defendants' demonstrated pattern of blaming others and unwillingness to accept responsibility for their conduct," Koski told U.S. Federal Judge William Walls.

Menendez, the powerful, senior Democrat lawmaker from New Jersey, is accused of offering political favors to a friend in exchange for lavish gifts and campaign contributions. His high-profile trial represents a rare event in recent U.S. history: a sitting senator facing felony charges.

Earlier this month, Menendez’s legal team attempted to have the criminal allegations dismissed, charging that a previous U.S. Supreme Court decision that overturned the conviction of former Virginia governor Robert McDonnell also applies to Menendez's case.

• See related article: Sen. Menendez Trial: Judge Won't Dismiss Charges, Reports Say

That motion was also denied, paving the way for the trial to enter the defense phase.

Keep updated with coverage of the Menendez trial at the Patch Newark Facebook page.

MENENDEZ CHARGES: BRIBERY, CONSPIRACY

It's been more than two years since federal officials first announced the criminal allegations facing Menendez, a veteran Democrat lawmaker from New Jersey. Since then, Menendez — who is up for reelection in 2018 — has kept his seat as the Garden State's senior senator while the legal wheels spin.

Menendez’s trial kicked off on Sept. 6 in Newark.

• See related article: Sen. Menendez Corruption Trial: What We Know So Far
• See related article: Most Democrats Think Sen. Menendez Should Resign If Convicted: Poll

Menendez, identified as a Paramus resident in a Department of Justice statement, was indicted in April 2015 on charges of conspiracy, violating the travel act, bribery, honest services fraud and making false statements.

According to prosecutors, Menendez allegedly conspired with Salomon Melgen, a Florida ophthalmologist, to use the power of his senate office to influence the outcome of ongoing contractual and Medicare billing disputes worth tens of millions of dollars to Melgen. In addition, Menendez allegedly supported the visa applications of several of Melgen's girlfriends.

In exchange, Menendez received almost $1 million worth of lavish gifts and campaign contributions, prosecutors stated.

• See related article: Menendez Indicted On Corruption Charges
• See related article: Senator's Alleged Wrongdoings Run Gamut of Illegal Activity

The list of alleged gifts includes flights on Melgen's private jet, numerous vacations at Melgen's Caribbean villa in the Dominican Republic and a hotel room in Paris, $40,000 in contributions to his legal defense fund and more than $750,000 in campaign contributions.

Menendez never disclosed any of the reportable gifts that he received from Melgen on his legally required financial disclosure forms, prosecutors stated.

In April, a federal jury in South Florida convicted Melgen of 67 criminal counts of fraud in a separate case that also involved Medicare.

Following his indictment in 2015, Menendez proclaimed that he was "angry, ready to fight and not going anywhere."

Menendez's legal team has asserted that Melgen's generosity was simply his way of sharing his wealth with a close friend.

"The Justice Department doesn't know the difference between corruption and friendship," Menendez said. "I will be vindicated."

Melgen has also denied the allegations. Both have pleaded not guilty to the charges.

• See related article: 'I'm Angry, Ready to Fight, And Not Going Anywhere,' Menendez Says

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Photo: menendez.senate.gov