By Sarina Trangle
Northeast Queens leaders are expected to be drawn into the trial of former Bayside City Councilman Dan Halloran after it resumes from a weeklong recess June 25.
Judge Kenneth Karas opted to push along the Republican’s trial in White Plains federal court despite declaring a mistrial in the corruption case of his co-defendants, state Sen. Malcolm Smith (D-Hollis) and ex-Queens GOP Vice Chairman Vincent Tabone.
The trio are charged with participating in an elaborate scheme masterminded by Smith to allegedly bribe his way onto the GOP line in the 2013 mayoral elections, prosecutors contend.
Smith is accused of steering $500,000 in state funding to a pseudo real estate project in exchange for its recipients agreeing to finance his alleged bribes.
Halloran, a Republican, allegedly helped broker Smith’s deals with GOP leaders and accepted kickbacks, prosecutors said.
And Tabone is charged with pocketing a $25,000 bribe to help Smith secure the Republican line.
The judge’s mistrial decision Tuesday ended days of legal wrangling over recorded conversations and text messages in Yiddish. Court documents show defense attorneys claim they discovered midway through the trial that prosecutors had not handed over roughly 1,900 text messages and 1,261 hours of phone calls, about a third of which were in Yiddish, captured on a wiretap of a cooperating witness’ phone.
Defense attorneys contended the recordings of Moses Stern, a once-prominent upstate Orthodox Jewish leader who agreed to cooperate with the government after pleading guilty to unspecified charges, may bolster entrapment defenses.
Tabone’s attorneys filed a court document arguing prior access to the recordings would have changed their opening statement and defense theory.
Prosecutors noted in court documents that they did not believe the recordings in question were relevant to the case because most pertained to unrelated investigations of more than 30 people, some of which were ongoing.
Halloran’s attorney, however, did not seek a mistrial. His case will proceed June 25, according Herb Hadad, a spokesman for the U.S. Attorney’s Office in White Plains.
Court documents indicate a second trial threatened to bankrupt Halloran and that the $1,500 cost of translating a call between Stern and the Jewish leader who introduced him to Halloran had taxed the former councilman.
Hadad said the same jurors will remain on Halloran’s trial, which is expected to be briefer now that the ex-legislator is the only defendant.
Prior filings show Queens Republican Party Chairman Phil Ragusa, a Whitestone resident, will likely testify.
Prosecutors noted in a document submitted June 10 that Tabone attempted to silence Ragusa and accused him of witness tampering.
Kim Cody, president of the Greater Whitestone Taxpayers Civic Association, also said he expected to be subpoenaed to testify about a tangential plot in which Halloran allegedly schemed to use discretionary city money to bribe his way into receiving campaign donations.
The new trial of Smith and Tabone is slated for January, according to Hadad.
This puts proceedings past the southeast Queens lawmakers’ upcoming Democratic primary.
One of his opponents, Deputy Borough President Leroy Comrie, said discussions about the mistrial show Smith cannot function as a legislator.
“It’s unfortunate that the business of the people in the 14th Senatorial District are not being served as Mr. Smith has to focus on these allegations,” Comrie said in a statement.
Another challenger, Clyde Vanel, said he welcomed the debate he anticipated would emerge after the mistrial.
Smith’s campaign did not immediately return a call for comment.
Reach reporter Sarina Trangle at 718-260-4546 or by e-mail at strangle@cnglocal.com.
