It’s still unclear whether Shelton developer James Botti will take a plea deal with the U.S. government in his upcoming federal corruption trial.
After a status conference on the case Wednesday in U.S. District Court in New Haven Botti’s attorney, William Dow III, declined to say whether they’ve even discussed it.
“That’s like getting undressed on the New Haven Green,” Botti Dow said after the conference. “If there are any discussions about resolving the case, they are done by professionals, in an office, in private.”
But U.S. District Judge Charles Haight again urged Botti and prosecutors to consider working out a deal.
“I hope I do not overstep the bounds of propriety by saying that if the second trial goes forward and Mr. Botti … is then convicted on any of the counts,” Haight said, “then when the time for sentencing comes, the guidelines would leave me no alternative other than imposing a prison sentence of a significant length.”
That’s because Botti has already been convicted of structuring and conspiracy to structure cash deposits at his first trial in November.
His second trial, which is scheduled to start on March 8, will focus on corruption charges alleging Botti of bribing public officials in Shelton to get development projects pushed forward.
Haight said he worried about the “collateral damage” that a lengthy prison sentence could have on Botti’s three sons.
“I’m trying to express a hope on my part that somehow that might be avoided,” Haight said, acknowledging that in federal court the judge does not play a role in any plea agreement.
Resolution Offered
U.S. Prosecutors Richard Schechter and Rahul Kale said in motions filed this month that they twice contacted Dow with an offered resolution to the case.
After Haight spoke about a potential settlement, Schechter asked Haight to set up another status conference on Jan. 25 to “clear ambiguity in the record.”
Schecter said he would try to meet with Dow and Botti before then to highlight “the distinction between what could happen and what could be averted” depending on whether Botti moves forward to a trial.
Wednesday’s conference set deadlines for motions to be filed, if the trial does move forward.
Attorneys for each side have to file any motions before Jan. 26, and file any responses to those motions by Feb. 8.
A hearing was set for 11 a.m. on Feb. 12 for Haight to hear oral arguments on the motions.
And jury selection for the trial is scheduled for Feb. 24.
Schechter said he expects the trial to take eight to 10 days. Dow said his defense could take another five days.
The prosecutors expect to offer much of the same evidence, and witnesses, from the first trial.
“All of the exhibits we offered in the first trial are going to be considered fair game in the second trial,” Schechter said.
