Determining guilt in a conspiracy case is kind of like determining if someone plays for the Boston Red Sox.
Proof that the team exists is not enough to prove that someone plays for it, said U.S. District Judge Charles Haight as he explained the duties to the jury in the James Botti federal corruption trial Thursday afternoon.
It was one of several pointers on the law Haight gave during his three-hour charge, in which he instructed jurors on the laws they were to apply to the facts in the case.
The jury began deliberations at about 2 p.m.
By 4:30, the jury left for the day without having made any decisions.
The jury asked one question during that time — for a clarification of a statement in the federal indictment, that says “on or about June 2006” Botti bribed Lauretti.
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The Charges
Haight read the full indictment to the jury — outlining the three charges against Botti and the details government officials believe support their case.
Botti is accused of bribing Mayor Mark A. Lauretti in exchange for his influence getting Botti’s projects approved.
The specific charges relating to those accusations are bribery, mail fraud and conspiracy to commit mail fraud.
Why mail fraud?
Haight explained that the federal mail fraud statute involves some “scheme or artifice” to obtain money or property by false pretenses, and schemes to deprive citizens of the honest services of their public officials.
The use of the mail to “further or assist” that scheme is require for conviction, but the scheme doesn’t have to otherwise involve the mail, Haight said.
The Elements
Haight outlined several elements the government must prove in order to convict Botti of each charge.
Bribery
In order to convict Botti of the bribery charge, the prosecutors must prove that:
1. Mayor Lauretti was an agent of the city at the time of the alleged crimes.
2. That the city received federal benefits in the form of grants, insurance or loans, of more than $10,000.
3. That Botti gave, agreed to give or even offered Lauretti something of value. Payments or gifts given through a third party count, Haight said.
4. That Botti did so “knowingly and corruptly” with the intent to influence or reward Lauretti.
5. That the gift or payment must be of a value more than $5,000.
Mail Fraud
In order to convict Botti of the mail fraud charge, prosecutors must prove:
1. That Botti devised a scheme or artifice of one of the following
- to deprive the citizens of Shelton of the “intangible rights” to honest services from their public officials
- to obtain money or property by false pretenses
Prosecutors claim that the first instance occurred through various gifts and favors Botti alleged gave Lauretti. They claim the second occurred through Botti securing a $6.5 million loan for his 828 Bridgeport Ave. project.
2. That Botti participated “knowingly and willingly” with the specific intent to defraud.
3. That the mail was somehow used to further the alleged scheme. Prosecutors claim that a certified mailing to Botti notifying him of the 828 Bridgeport Ave. approval satisfies this requirement.
Conspiracy
To convict Botti on the count of conspiracy to commit mail fraud, prosecutors must prove:
1. That a conspiracy even existed. If two ore more people entered into an agreement to break the law, it counts as a conspiracy, Haight said.
2. That Botti actually participated in the conspiracy — hence Haight’s example of proving a person actually played for the Boston Red Sox.
3. And that at least one person involved in the conspiracy — not necessarily Botti — acted to further the goals of the conspiracy.
Timing
Jurors will return at 9:30 a.m. Friday and continue deliberating.
It’s unknown when they will reach a verdict, as they do not have a specific time limit to do so.
The trial lasted two and a half weeks and involved testimony from more than 30 witnesses.
During that time, 16 jurors listed to the testimony and viewed documents ranging from checks and bank statements to handwritten bills and aerial photos of Bridgeport Avenue.
On Thursday afternoon, Haight dismissed four of the jurors who served as alternates in the trial.
Shaking each one’s hand, Haight thanked them for their service and patience.
“You all served with patience and dedication and, we’re all aware, a great deal of personal inconvenience,” Haight said.
The 12 remaining jurors include seven men and five women.
