April 11 (UPI) – The indictment against Sen. Bob Menendez and his wife, Nadine, will lead to separate trials for charges of bribery, obstruction, and acting as a foreign agent.
U.S. District Judge Sidney Stein issued an order on Thursday to separate Nadine Menendez’s case from her husband’s, citing her medical issues as the reason.
The judge declared that the trial would proceed in the absence of Mrs. Menendez.
No information was given about the nature of her illness.
Nadine Menendez’s lawyers recently requested an adjournment of the May 6 trial date due to her recent diagnosis of a “serious medical condition.”
The prosecution had objected to splitting the trials, as they believed that there were multiple charges that both she and the senator were involved in.
Nadine Menendez argued that her rights would also be compromised if the trials were to be held jointly, in addition to the medical issues.
According to the Federal Rule of Criminal Procedure, the sever motion states that severance is necessary when there is a genuine concern that a joint trial could undermine the specific trial right of one of the defendants or hinder the jury from making a fair and accurate determination of guilt or innocence.
According to her lawyers, Bob Menendez may testify in the trial, which they believe would compromise his wife’s rights. They argue that a joint trial would undoubtedly prejudice Ms. Menendez’s right to defend herself fairly.
“We acknowledge that Senator Menendez may desire to testify during his trial, and his testimony may involve disclosing confidential marital communications with Ms. Menendez, which he considers crucial and relevant to his defense,” stated the sever motion. “Nevertheless, Ms. Menendez upholds her privilege to claim, and intends to claim, the confidentiality of her marital communications.”
According to her lawyers, the conflict between the husband and wife regarding the admissibility of marital communications was portrayed as irreconcilable.
Bob Menendez and his wife have both been charged with three counts of bribery. Additionally, he is facing charges of conspiracy for acting as a foreign agent while holding public office.
The individuals are accused of receiving bribes amounting to hundreds of thousands of dollars in various forms, including cash, gold bullion, and mortgage payments.
The senator is accused of acting as a foreign agent of Egypt, according to the indictment. In March, obstruction charges were added in a superseding indictment.
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