The first of two federal trials for Shelton developer James Botti ended last week, but Botti’s attorney plans to submit two motions by the end of the month seeking to overturn the jury’s guilty verdict.
William Dow III Monday notified Senior District Judge Charles Haight of his intent to file a motion requesting a new trial and a motion for judgement of acquittal.
The two are “routine post-trial motions” for defendants who have been found guilty, Dow said after a hearing in New Haven Monday.
Botti, 46, was found guilty of conspiracy to structure money and structuring money in the first of two federal trials that wrapped up last week. The jury acquitted Botti on two counts of making false statements to an IRS agent.
The motion for a new trial claims there was some error in the way the case was tried, and the motion for judgement of acquittal disputes there was enough evidence to result in a guilty verdict.
Dow has not said what reasons justify the two motions. He plans to file them by Dec. 1.
The hearing Monday between Dow and U.S. Attorneys Richard Schechter and Rahul Kale was held to determine when the second trial would begin.
No trial date was set, but the time needed for Dow’s motions and the government’s response mean the second trial won’t happen until at least early 2010.
Corruption Charges
While the government indicted Botti on seven counts in November 2008, the charges were split into two trials.
At his next trial, Botti will face the second set of charges: conspiracy to defraud the citizens of Shelton, bribery of a public official and mail fraud.
Dow and several media reports have identified that public official as Mayor Mark Lauretti, who was recently re-elected to a 10th term in office.
Lauretti has never been named by the government, has not been charged with any wrongdoing and has repeated denied any involvement.
According to the indictment, Botti allegedly used money and other services to get “Public Official #1” to help him get approval from Shelton commissions for his land-use applications.
The indictment claims that Botti paid for renovations to that public official’s home in October 2002 and permitted the public official to take cash from his safe in 2006.
The indictment also claims that Botti gave gift certificates to and made payments for members of the Planning and Zoning commission in exchange for approval of his plans.
Settlement Possible?
Judge Haight hinted to the attorneys that a settlement might be best in this case.
“It seems to me it would be a useful thing … to give some consideration to some sort of resolution short of trial,” Haight said Monday. “I’m not recommending anything… but having some knowledge of the background and circumstances, I hope it is not inappropriate to at least raise this question.”
Dow said at the hearing he expected the case to go to trial. He said his defense would take about five days.
“It’s a much different and broader panorama than we had last time,” Dow said.
Schechter said the government expected to need eight to 10 days at the second trial.
