Boston Herald

JUDGE IN CITY HALL TRIAL TO REVISIT VIEW OF HOBBS ACT

Feds cite Supreme Court precedent

- By LAUREL J. SWEET —laurel.sweet.@bostonhera­ld.com

The judge overseeing the looming corruption trial of two City Hall officials has agreed to revisit his interpreta­tion of Hobbs Act extortion after prosecutor­s — worried his definition will sink their case — argued yesterday they have 60 years of Supreme Court law on their side.

U.S. District Court Judge Leo T. Sorokin did not indicate when he will issue his ruling on the feds’ motion to reconsider his proposed jury instructio­ns, but acknowledg­ed he is cognizant jury selection starts in less than two weeks.

“I recognize the time constraint­s that apply,” Sorokin said at the close of a 10-minute hearing that was preceded by a private 40-minute sidebar discussion with prosecutor­s and the defense teams for Kenneth Brissette and Timothy Sullivan.

Brissette, director of tourism, sports and entertainm­ent, and Sullivan, Mayor Martin J. Walsh’s chief of staff for intergover­nmental relations, are charged with bullying Crash Line Production­s into hiring unwanted union labor in 2014 for the Boston Calling music festival by withholdin­g permits and suggesting the popular event would be disrupted by a giant inflatable rat.

Sorokin previously ruled he would explain to a jury that prosecutor­s need to show Brissette and Sullivan personally benefited from the alleged shakedown, even though it was the union workers Crash Line agreed to pay wages. Sorokin proposes to tell jurors, “A defendant does not personally benefit from the transfer of property when he merely hopes to receive some future benefit, or when he receives a speculativ­e, unidentifi­able, or purely psychologi­cal benefit from it.”

In seemingly direct contrast, the U.S. Supreme Court, in the 1956 labor case United States v. Green, ruled Hobbs Act extortion “in no way depends upon having a direct benefit conferred upon the person who obtains the property.”

Assistant U.S. Attorney Kristina Barclay told Sorokin yesterday, “The government agrees with the defense, and with the court, that it has to prove that the defendants obtained property of Crash Line in order to be convicted of Hobbs Act extortion. But by narrowing the definition of ‘obtain’ under Hobbs Act, the court has limited the government’s ability to prosecute these and other cases like these. The government’s moved to reconsider the order because we believe the instructio­n is legally incorrect, and we believe we can meet our burden of proof under the correct definition of ‘obtain’ — that which the Supreme Court ruled on in Green and has never amended.”

Brissette attorney Sara Silva argued the only case Sorokin need concern himself with is the one currently in front of him.

“There’s a set of facts, there’s the law, and that’s what the court should be ruling on,” Silva said. “If the government has difficulty in this case, they have avenues to deal with that.”

 ?? Stafffilep­hotoSbyJoh­nWilcox ?? COURT ARGUMENTS: The judge in the corruption trial of City Hall insiders Kenneth Brissette, above, and Timothy Sullivan, right, will reconsider his view of the Hobbs Act.
Stafffilep­hotoSbyJoh­nWilcox COURT ARGUMENTS: The judge in the corruption trial of City Hall insiders Kenneth Brissette, above, and Timothy Sullivan, right, will reconsider his view of the Hobbs Act.
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