The attorney for Shelton developer James Botti thinks that a recent Supreme Court ruling could mean a turnaround on Botti’s recent conviction.
But federal prosecutors aren’t so sure.
The arguments are detailed in briefs filed at U.S. District Court in New Haven Friday. The documents are posted below.
The discussion revolves around the recent decision in the United States v. Skilling case, which dealt with the conviction of an Enron executive for depriving citizens of “honest services.”
In April, Botti was convicted of the same charge.
Article continues after the documents.
In the Skilling case, the Supreme Court ruled that convictions under the statute are unconstitutional unless they deal with alleged bribery or alleged kickbacks.
Whether Botti’s conviction was associated with bribery is up for discussion.
Botti’s attorney, William Dow III, argued Friday that it was unclear whether the jury convicted Botti in connection to alleged bribery.
“The indictment specifically alleges that the defendant Botti ‘devised a scheme and artifice to defraud … by means of materially false and fraudulent pretenses,’” Dow wrote. “It does not specifically allege that the scheme used to commit honest services fraud was bribery.”
But prosecutors in the case said it was crystal clear that Botti was being prosecuted in relation to alleged bribery.
“In the prosecution of defendant James Botti, there is no doubt that he was charged with engaging in a mail fraud scheme involving bribery allegations,” the prosecutors wrote.
In the trial, the jury deadlocked on conspiracy and bribery charges against Botti, and U.S. District Judge Charles Haight ordered a mistrial on those charges.
