New York
Bribery, fraud charges dismissed against ex-NY Lt. Governor
NEW YORK (AP) — Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out Monday by a federal judge, leaving Benjamin to face only records falsification charges and prompting his lawyers to say it was tragic that the case was ever brought.
Judge J. Paul Oetken in a written opinion said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges.
Benjamin, a Democrat, resigned after his arrest last April. He pleaded not guilty to charges that he obtained campaign contributions from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.
Benjamin’s arrest had created a political crisis for Gov. Kathy Hochul, a fellow Democrat who chose him to serve as second-in-command when she became governor following a sexual harassment scandal that drove from office her predecessor, Democrat Andrew Cuomo.
At the time of his arrest, Benjamin’s lawyers had issued a statement saying they planned to show the courts that their client’s actions were laudable rather than a crime.
On Monday, attorneys Barry Berke and Dani James said in a statement that the ruling “shows how these wrongful charges so harmed Mr. Benjamin and unfairly cost him his position as Lt. Governor.”
“While today is a great day for justice, democracy and the rule of law, it is tragic that this case was ever brought and such a decision was necessary,” they said.
“From the very beginning, we said we are shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges based on nothing more than routine fundraising and support of a non-profit providing needed resources to Harlem public schools,” the attorneys said.
They wrote that Benjamin was “thankful for his vindication and looks forward to new opportunities to serve the people of New York and his Harlem community.”
A spokesperson for prosecutors declined comment.
Benjamin was the state’s second Black lieutenant governor. During a state Legislature career that began in May 2017, he emphasized criminal justice reform and affordable housing. His district included most of central Harlem, where he was born and raised by Caribbean immigrant parents.
In tossing out the first three charges in a five-count indictment, the judge wrote that appeals courts, including the U.S. Supreme Court, have made clear that proof of a promise was necessary to support criminal charges when payments are made in the form of campaign contributions.
The judge said he also agreed with a separate defense argument that the facts alleged in the indictment, even if true, fail to establish criminal liability. He noted that the government’s timeline of events show that there was no agreement between the Benjamin and the developer at the time Benjamin procured the $50,000 in state funding.
The charges that were left intact allege that Benjamin knowingly made a false entry in a record with the intent to impede an investigation.
Texas
Uvalde sues local prosecutor over school shooting records
AUSTIN, Texas (AP) — The city of Uvalde sued the local prosecutor’s office Thursday seeking access to records and other investigative materials on the May shooting at Robb Elementary School that left 19 children and two teachers dead, a move that highlights ongoing tensions over the slow police response and information flow on the rampage.
The lawsuit filed in Uvalde County against District Attorney Christina Mitchell Busbee says the lack of access on the May 24 massacre is affecting an independent investigator’s ability to look for policy violations by local responding officers and determine whether internal disciplinary actions are needed. Busbee is conducting a criminal investigation into the shooting, which will include examining a report she is awaiting from the Texas Department of Public Safety. The state’s police chief said it would come by the end of the year.
“The Uvalde community has waited entirely too long for answers and transparency with regard to the Robb Elementary shooting incident,” Uvalde city officials said in a statement.
An employee at the Uvalde District Attorney’s Office declined to comment Thursday when reached by phone.
The only information that has been available to an independent investigation agency for the city’s review is from city witnesses, “much of which was provided to the City subject to a non-disclosure agreement and criminal investigation privilege,” the lawsuit says. Busbee has cited the criminal investigation — which she told city officials would be done by November — when asked for additional records, the lawsuit says.
The independent investigator, Jesse Prado, would be subject to a confidentiality and non-disclosure agreement if provided the information, which the lawsuit says has already been handed over to other agencies conducting similar reviews and would not be available to anyone from the city, according to a statement by city officials.
Nearly 400 law enforcement officials rushed to the school the day of the shooting, according to a legislative investigate report, but all of them waited more than 70 minutes to enter a fourth-grade classroom to confront the gunman.
Two officers have been fired because of their actions at the scene and others have resigned or been placed on leave. In October, Col. Steve McCraw, the head of the Texas Department of Public Safety, acknowledged mistakes by officers when confronted for the first time by families of the Uvalde victims over false and shifting accounts from law enforcement and lack of transparency in the available information. McCraw defended his agency, and said they “did not fail” Uvalde.
Uvalde Mayor Don McLaughlin has previously lashed out at the response to the shooting by state officers and expressed frustration at the lack of information available regarding one of the worst school shootings in state history.
