Former Bronx State Senator indictment of Pedro Espada got lighter from 10 accounts yesterday after a Brooklyn federal judge ruled that the charges against him relating to tax evasion and false statements should be processed in Manhattan.
But the judge Frederic Block left intact the conspiracy to evade tax reporting, where prosecutors will still be able to submit most of the evidence attached to the counts rejected.
Espada and his son Pedro Gautier Espada were accused in late 2010 for embezzling hundreds of thousands of dollars from their health care network nonprofit Soundview for personal expenses. Accusations of tax evasion came later in a superseding indictment earlier this year.
"Let's just try the case on what the original indictment was all about," block said Tuesday in Federal Court in Brooklyn. "I just think that is right."
This means that the duo will be tempted to Brooklyn on embezzlement and charging a fee.
Susan Necheles, defense lawyer had argued that the alleged acts covered by tax burden occurred in the Southern District of New York, which is covered by Federal Court in Manhattan. The accusation was brought in the Eastern District of New York, Staten Island, Brooklyn, Queens and Long Island.
Previously, potential jurors filled out questionnaires 145 for the process that is scheduled to begin next Wednesday.
Prosecutors and defence lawyers had haggled over whether to ask potential jurors their opinions about politicians.
"Anyone like politicians?". Block said. "I don't think there is such an animal."
Assistant U.S. Attorney Roger Burlingame, said jurors could answer the question in a way to get out of jury. "Eight to 10 are going to say (politicians) are a bunch of crooks," Destin said.
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