Silver’s witness ‘death wish’: feds
Former state Assembly Speaker Sheldon Silver wants to delay Round 2 of his corruption trial, cynically hoping that an elderly key witness might no longer be around, Manhattan federal prosecutors charged Friday.
Prosecutor Tatiana Martins called Silver’s request to take his case to the US Supreme Court “little more than a delay tactic” aimed at gaining “a strategic advantage at his retrial.”
Martins said this “tactic’’ centers around 81year-old Dr. Robert Taub, who told the jury at the first trial that Silver referred patients with asbestos-related health problems to his law firm in exchange for favors.
Those included statefunded research grants, Martins said.
“Silver’s apparent desire for further delay surely is motivated by his recognition that, as time passes, necessary witnesses and other evidence may be lost,” Martins added.
“Indeed, one of the central witnesses in Silver’s trial is over 80 years old.”
Silver, 73, once the state’s most powerful Democrat, was convicted in 2015 of accepting $4 million in kickbacks and bribes while speaker — making him one of the three most powerful officials in Albany.
The other two were the governor and the Senate majority leader.
Earlier this month, Manhattan’s federal appeals court overturned the conviction amid questions about the jury instructions, which failed to adhere to a recent US Supreme Court ruling regarding the definition of bribery.
But that court rejected Silver’s argument that the case was without merit — leaving open the door for a retrial.
On Friday, Silver’s lawyers asked the appeals court to delay sending the proceedings to a lower court where it would be retried, until their client gets a shot at asking the country’s highest court to toss the case.
Silver’s lawyers also argue a new trial ahead of Supreme Court review “would be a violation of Mr. Silver’s double jeopardy rights.” The appeals court has yet to rule on the issue.