An order filed Wednesday by Senior U.S. District Judge Charles Haight knocked down some of the potential defense strategies for James Botti, a Shelton developer who is facing a federal trial in March for allegedly bribing public officials in Shelton.
But William Dow III, Botti’s attorney, said the defense got the key thing they wanted out of their motions: the ability to call character witnesses to attest to Botti’s bombastic and hyperbolic nature.
“Filing motions is kind of like a Christmas wish list,” Dow said. “You’d like to get a bunch of things, but it’s important to get the key thing we wanted.”
In his client’s defense, Dow wants to argue that Botti exaggerates a lot, and therefore statements he made can’t necessarily be believed. The U.S. prosecutors plan to play wiretapped conversations during the trial where Botti talks about the alleged corruption in City Hall.
In his ruling, Haight denied motions from Dow asking that one of the charges against Botti to be dismissed. The judge also denied Dow permission to have a local land-use attorney Dominick Thomas confer with Dow during the trial.
The order, filed in U.S. District Court Wednesday, also granted motions from the U.S. attorneys seeking to enter evidence that was already used at Botti’s previous trial, where he was convicted of structuring cash deposits.
In all, Haight ruled on 15 motions from Dow and government attorneys.
The ruling sets the stage for the trial and lays out some of the details that will likely be revealed to the jury.
Botti has been charged with conspiracy to defraud the citizens of Shelton, bribery of a public official and mail fraud.
Jury selection will be held on Wednesday. The trial is scheduled to start March 8.
Among the items to be allowed at the trial: wiretapped conversations of Botti explaining the alleged corruption in Shelton; testimony from developers who also allegedly gave favors to “Public Official #1” and evidence that “Public Official #1” allegedly had free work done on his home.
Specifics
Dow had asked that the mail fraud charge be dismissed and had said he wanted Thomas, a well-known local attorney, to be a consultant during the trial.
Thomas was an attorney during the time period when Botti allegedly bribed officials in Shelton and he represented Botti at one point.
Dow said he wanted to have Thomas’ expertise and institutional knowledge base to draw from during the trial. But U.S. attorney Rahul Kale had objected, because Thomas is also scheduled to be a witness.
Haight denied Dow’s motions.
Dow had also objected to the government’s plan to use evidence from the first trial — which detailed bank deposits and cash Botti had on hand. Dow said the information would be “piling on” and would only be used to make his client look bad.
Haight has agreed to let the government use the evidence.
Dow said while his team would have liked all their motions to be granted, “we’re realists.” He said the ruling won’t affect his defense of Botti.
“We’re prepared to try this case consistent with the judge’s rulings,” Dow said.
Haight said at a hearing last week that he would issue more detailed explanations for his rulings at a later date.
Haight’s ruling is posted below.
