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Jury Convicted NY Ex-Speaker Despite No ‘Smoking Gun’


silvThere was no star witness, no damning testimony, no briefcase stuffed with cash that sealed the fate of former New York Assembly Speaker Sheldon Silver, who for 20 years was one of the state’s most powerful politicians.

Instead, legal experts say, a jury convicted the Manhattan Democrat of corruption Monday based a slow drip of circumstantial evidence that painted the Manhattan Democrat as a political insider who profited from his public service.

Silver’s appeal is likely to focus on the lack of a smoking gun. The jury’s decision to convict comes as poll after poll show the public has a low opinion of its representatives in Albany.

“I still don’t think the government proved he was guilty beyond a reasonable doubt,” said Albany Law School Professor Vincent Bonventre said. “I do think what they proved was what he did was unseemly and sleazy. And the defense, by saying ‘this is just Albany politics,’ I think that just further enraged the jury.”

The jury convicted Silver on charges that he traded favors for $4 million in kickbacks from a cancer researcher and real estate developers. His defense argued the payments were for legitimate legal referrals.

Silver plans an appeal that likely will focus on whether prosecutors showed a direct connection between Silver’s actions as a lawmaker and his income. In many similar cases, prosecutors have a witness or a document explicitly describing what a defendant would do in exchange for an inducement, according to Albany defense attorney E. Stewart Jones, who successfully defended ex-Senate Leader Joe Bruno when the GOP lawmaker was acquitted of corruption charges last year.

“That’s the central issue, whether they proved a quid pro quo,” said Jones, using the Latin term used to describe illegal ‘this-for-that’ schemes. “When you get right down to it, it was a purely circumstantial case.”

Serving in the Legislature is considered a part-time job, leaving lawmakers free to pursue outside employment. That can cause problems when, as in Silver’s case, they accept payments from companies or individuals with business before the state.

“This where it gets gray very quickly,” Gov. Andrew Cuomo said Tuesday. “You’re a lawyer in private practice and someone is trying to get a bill passed in Albany. They happen to retain you as their lawyer. Now maybe they retained you as their lawyer because you’re very good … or maybe they engaged you because you’re a legislator and they really want you to help pass their legislation. That’s the gray that’s always existed.”

Lawmakers have so far resisted calls to restrict their outside income, but it’s likely to be one of several proposals up for consideration when they reconvene next month.

Silver won’t be among them. He lost his seat automatically when he was convicted and now faces decades in prison. But longtime observers and critics of the Legislature’s failure to address corruption say the lesson of his conviction must be remembered come January.

Polls show voters are increasingly dissatisfied with the response to a wave of corruption that has seen 30 legislators leave office because of criminal or ethical allegations since 2000. A Quinnipiac Poll from September found that only about a quarter of voters believe current lawmakers are capable of ending corruption, and about half say all current office holders should be voted out of office.

“When the leader of a ‘respected body’ is convicted on seven felony counts of corruption and fraud, it is time for the people to question the premise that it is a ‘respected body,'” said Assemblyman Michael Kearns, D-Buffalo. “The New York state Assembly is sick and in need of healing.”

(AP)



3 Responses

  1. The only hold out finally changed on his hiding the money.
    If it smells bad it is.
    No one thought he’d be convicted
    Yet people have been convicted on lesd

  2. Guilt by association, since he is known to associate with:
    1) State legislators; 2) Tort lawyers

    Whether the practices he was convicted of will be held to be criminal is still debateable and will be decided by the state Court of Appeals, but if denying their constituents “honest services” is a crime, and if legal referrals to well connected friends is a crime (i.e. “rainmaking is a crime”), New York will probably need to build a large number of prisons for older well established and well educated persons with lots of friends in high places.

  3. I have no idea, obviously, if Silver did what they say he did or not.

    But if all they have is circumstantial evidence – there is no quid pro quo or other smoking gun – and they still convicted him, then there is no reason in the world why Hillary Clinton should still be walking around a free woman.

    If the system convicts Silver – especially if the conviction isn’t revoked on appeal – yet they fail to go after Hillary, then the system is every bit as corrupt as it says these politicians are.

    After all, Silver was just a New York congressman. If he traded favors for money, we’re talking about minor pieces of state legislation. Hillary was Secretary of State when she was pulling this shtick, and taking money from entities whose interests run completely counter to those of the United States.

    So why does she get away with it and Silver gets nailed?

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