Score one for Shelton Developer James Botti.
Government prosecutors have decided not to pursue another trial against Botti for charges that a jury deadlocked on during his federal corruption trial.
In light of Botti’s six-year jail sentence, “the Government does not believe that a retrial … is in the best interest of justice,” wrote U.S. prosecutors Richard Schechter and Rahul Kale in a motion filed at U.S. District Court in New Haven Friday.
Botti was sentenced to serve six years in federal prison for his conviction on honest services mail fraud, conspiracy to structure cash deposits, and structuring. He was accused of plying local public officials with cash, gifts and favors in exchange for approvals on his development proposals.
A jury deadlocked on bribery and corruption charges, and Senior U.S. District Judge Charles S. Haight ordered a mistrial for those counts.
The U.S. prosecutors said that as long as Botti’s conviction and six-year sentence stand, they are happy to dismiss the mistrial charges.
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But, their motion asks for a dismissal “without prejudice,” meaning they can reopen the corruption and bribery charges if Botti’s mail fraud and structuring conviction is overturned in the appeal process.
Botti appealed the sentence and conviction in September.
He is scheduled to be incarcerated at the end of November.
