By Luc Cohen
NEW YORK (Reuters) -Former New Jersey Senator Bob Menendez on Wednesday lost a bid for a new trial, after arguing his recent corruption conviction should be thrown out because jurors were allowed to review improper evidence during deliberations.
U.S. District Judge Sidney Stein’s decision paves the way for Menendez’s sentencing next Wednesday. The U.S. Attorney’s office in Manhattan says the Democratic former chair of the Senate Committee on Foreign Relations should spend 15 years in prison.
Prosecutors admitted in November that jurors reviewed nine pieces of evidence containing material that should have been redacted, but said the mistake did not justify setting aside the verdict.
Menendez’s lawyers said the unredacted material contained the only evidence tying him to the government’s central accusation, that he accepted bribes in exchange for shepherding military aid to Egypt. They say Menendez, 71, should face no more than 2-1/4 years in prison.
The evidence mistake may form part of Menendez’s expected appeal of his conviction.
“I respectfully disagree with the Court’s decision and expect the Court of Appeals will hold these prosecutors to account for their misconduct,” Menendez said in a statement.
Nicholas Biase, a spokesperson for the Manhattan U.S. Attorney’s office, declined to comment.
In a written ruling, Stein said defense lawyers bore some responsibility because they also did not catch the unredacted material before it went to the jury. The judge also said it was unlikely that the jury noticed the material, meaning it probably did not prejudice their verdict.
Menendez, who spent 18-1/2 years in the Senate, was convicted last July on all 16 counts he faced, including acting as an agent of a foreign government.
Prosecutors said Menendez accepted gold, cash, a Mercedes-Benz and other rewards for political favors, which also included providing assistance to Qatar.
(Reporting by Luc Cohen in New YorkEditing by Nick Zieminski and Rod Nickel)
