The Shelton code of ethics is too vague, so James Botti can’t be guilty.
That’s the gist of the argument by Botti’s attorney, William Dow III, in motions asking a judge to throw out Botti’s recent conviction or at least order a new trial in his corruption case.
Dow Wednesday filed a motion for judgement of acquittal and a motion for a new trial in U.S. District Court in New Haven.
After several weeks of testimony and deliberations in March, a jury found Botti guilty of one count of mail fraud. The jury couldn’t decide on Botti’s other two corruption charges: conspiracy at mail fraud and bribery.
Judge Charles Haight Jr. ordered a mistrial on the deadlocked counts.
Dow argues the single guilty verdict should be thrown out.
Why?
The mail fraud charge applies to any alleged scheme to deprive citizens of honest services from their public officials, in which the mail is somehow used — in this case, the mailing of the approval letter for Botti’s 828 Bridgeport Ave. development proposal.
U.S. Prosecutors claim Botti gave gifts and favors to Planning and Zoning commission members, and that he allegedly bribed Mayor Mark Lauretti to win favor with the commission in order to get that approval.
Because the city’s code of ethics doesn’t define what is considered a “substantial gift,” a developer giving gift certificates to city officials can’t be considered a scheme to defraud citizens, Dow argued in a memo supporting his motion.
“Nothing about the evidence offered by the government demonstrated that giving gift certificates to public officials, even in amounts of $150, was improper or fraudulent, particularly in view of the Shelton ethics code,” Dow wrote.
Several commissioners testified they received $150 gift cards to Il Palio restaurant from Botti after they approved his 828 project.
“Even if the jury believed evidence that defendant Botti gave gift certificates to Shelton Planning and Zoning Commissioners,” Dow continued, “there is no reasonable inference that such gifts were intentional plan to defraud Shelton of the honest services of its Commissioners, as alleged in the indictment.”
Lauretti has not been charged with any crime and has denied any wrongdoing. He has called the prosecution “unfair” in their strategy to accuse him in court throughout Botti’s trial.
Dow said in general, the government also failed to provide evidence to support a scheme to defraud the people of Shelton was in place.
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Ethics Code
The Shelton code of ethics does allow certain reasonable gifts to be accepted by city officials. But it prohibits “substantial” offerings.
Planning and Zoning administrator Richard Schultz testified during the trial that in his office, anything over $50 is considered “substantial.” But the code itself lends no guidance on a figure, Schultz testified.
The city has been working on a code of ethics revision that would clarify the point, but the process has been stalled, according to an article by the Connecticut Post.
In the meantime, the loophole is the core of Dow’s argument to overturn Botti’s conviction.
“The defendant gave gift certificates to these Commissioners in good faith, and as allowed by the Shelton ethics code, as part of the normal — and perfectly proper — manner of doing business in a relatively small community,” Dow said.
Journaling Juror
Dow also asked Judge Haight for a new trial because the first trial was “compromised by irregularities in the jury process.”
During the trial, one of the jurors was excused after she brought outside materials — her personal journals — into the deliberation room.
Dow has asked for oral arguments on the motions.
No hearing has been scheduled as of Thursday afternoon.
Botti is scheduled to be sentenced for the mail fraud and two earlier convictions for money structuring on June 18.
