Ex-Sen. Bob Menendez seeks new trial, citing evidence prosecutors said was inadvertently provided to jury
CBSN
Washington — Former New Jersey Sen. Bob Menendez asked a federal court in New York on Wednesday to throw out his conviction in a sprawling bribery scheme and grant him a new trial after prosecutors disclosed that the jury was inadvertently provided information during deliberations that it should not have been given.
The request from Menendez's lawyers came in response to a letter prosecutors sent to the court on Nov. 13 revealing they had unintentionally loaded onto a laptop given to the jury during deliberations the incorrect versions of nine exhibits. Prosecutors said neither they nor Menendez's lawyers, who inspected the exhibits on the laptop, noticed the error at the time.
Government lawyers told U.S. District Judge Sidney Stein that they did not believe the inclusion of the nine exhibits warranted upsetting Menendez's guilty verdict, in part because "there is no reasonable likelihood any juror ever saw any of the erroneously less-redacted versions." But Menendez's lawyers told Stein in a separate filing that the improper disclosure was a "serious breach" by prosecutors and said a new trial was "unavoidable."
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