Boston Herald

Judge denies motion in City Hall extortion case

Blasts prosecutor argument against Hub aides

- By O’RYAN JOHNSON

The feds were dealt a blow in their case against City Hall yesterday when the judge refused to alter jury instructio­ns which prosecutor­s claim “will preclude the government from proving its case.”

Kenneth Brissette and Timothy Sullivan, two top aides to Mayor Martin J. Walsh, face extortion charges for allegedly forcing concert organizers to hire union labor at the Boston Calling music festival on City Hall Plaza.

Earlier this month, prosecutor­s told federal Judge Leo T. Sorokin that the jury instructio­ns must change for their case to succeed. Yesterday, Sorokin declined to change the instructio­ns.

“The government now seeks reconsider­ation of the proposed instructio­n, arguing it is ‘based on an incorrect reading of the law’ and ‘will preclude the government from proving its case beyond a reasonable doubt,’ ” Sorkin wrote. “The motion to reconsider is denied.”

Sorokin is instructin­g jurors that prosecutor­s must prove Brissette and

Sullivan received a direct benefit from prevailing upon concert organizers Crash Line Production­s to hire union workers.

In yesterday’s ruling,

Sorokin spent 28 pages explaining how prosecutor­s have thus far failed to demonstrat­e that he should change those instructio­ns.

“Both the plain meaning of the Hobbs Act’s terms and common sense dictate that one cannot ‘obtain’ property absent a showing of either actual acquisitio­n thereof (along with the ability to exercise, transfer, or sell the property), or an identifiab­le benefit therefrom,” Sorokin writes.

He later blasted the “shifting sands” of prosecutor­s’ case against Brissette and Sullivan.

“The shifting sands of the government’s legal theory, its persistent resistance to earlier resolution of the legal issues, and its refusal to create a firm factual record could suggest an effort to intentiona­lly delay resolution of this case,” Sorokin wrote.

Brissette, the city’s director of tourism, sports and entertainm­ent, and Sullivan, Walsh’s chief of staff for intergover­nmental relations, are set to go to trial Monday in U.S. District

Court in

Boston.

 ??  ?? STAFF FILE PHOTO BY JOHN WILCOX ON TRIAL: Kenneth Brissette leaves the courthouse in April 2017. Brissette and Timothy Sullivan are facing extortion charges.
STAFF FILE PHOTO BY JOHN WILCOX ON TRIAL: Kenneth Brissette leaves the courthouse in April 2017. Brissette and Timothy Sullivan are facing extortion charges.
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SULLIVAN

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