Boston Herald

Feds fear judge taking aim at dismissing Calling case

- By BOB McGOVERN — bob.mcgovern@bostonhera­ld.com

Federal prosecutor­s say their case against two of Mayor Martin J. Walsh’s top lieutenant­s could be on a “collision course” with dismissal if a federal judge doesn’t reconsider his proposed jury instructio­ns in the upcoming high-profile trial.

The controvers­y is over how Judge Leo T. Sorokin is defining the phrase “obtaining property of another” as it relates to Hobbs Act extortion.

Sorokin has ruled that he will explain to a jury that, in order to prove their case, prosecutor­s will need to show that Kenneth Brissette and Timothy Sullivan — two City Hall officials — personally benefited from property obtained through the alleged crime.

“Should the Court decline to reconsider its order, the government will be on a ‘collision course’ with dismissal, because the evidence the government intends to introduce at trial will be insufficie­nt under the Court’s view of the relevant law,” Assistant U.S. Attorney Kristina E. Barclay wrote in a motion filed yesterday.

Brissette and Sullivan are accused of pressuring the Boston Calling music festival’s production company into hiring union workers by withholdin­g city permits.

They are due to go to trial March 26, and prosecutor­s want to have a hearing on their emergency motion next week. If that hearing takes place, prosecutor­s will be tasked with convincing Sorokin to change his mind.

“The government submits that the instructio­ns as proposed by the Court in its Order are based on an incorrect reading of the law and, unless corrected, will preclude the government from proving its case beyond a reasonable doubt,” Barclay wrote.

Last week, Sorokin declined to dismiss charges against Sullivan and Brissette, but in his decision he explained how he would outline to the jury what it means to personally benefit from a Hobbs Act conspiracy, prompting prosecutor­s to file the emergency motion.

 ?? STAFF FILE PHOTO BY JOHN WILCOX ?? ‘INCORRECT READING OF THE LAW’: Federal prosecutor­s are pushing for an emergency hearing in the case of Kenneth Brissette, above, and Timothy Sullivan, who are facing extortion charges.
STAFF FILE PHOTO BY JOHN WILCOX ‘INCORRECT READING OF THE LAW’: Federal prosecutor­s are pushing for an emergency hearing in the case of Kenneth Brissette, above, and Timothy Sullivan, who are facing extortion charges.

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