SAN JUAN (September 17, 2010) — Senator Hector Martínez Maldonado and businessman Juan Bravo Fernandez, accused by federal prosecutors from Washington, D.C. of a bribery scheme for taking a one-time trip to see a boxing match in Las Vegas 5 years ago, filed 11 different motions on Friday in U. S. District Court requesting that all charges against them be dismissed.
In the motions, filed with Judge Francisco A. Besosa of the U.S. District Court for the District of Puerto Rico, attorneys for the defendants argue that the government’s action in bringing this case cut corners, rushed to judgment, and violated fundamental rights and protections in resurrecting 5 year-old conduct that does not amount to a crime.
In an unprecedented number and scope of pre-trial motions, Senator Martínez and Mr. Bravo are asking the federal court to dismiss the case on the following grounds:
1) that the prosecutors waited too long and violated the statute of limitations by trying to resurrect such old conduct to support charges in 2010;
2) that the prosecutors completely ignored the law in drafting conspiracy and other charges in order to make their case looks more serious than it is;
3) that the prosecutors purposely violated the Senator Martínez's attorney-client privilege by subpoenaing his lawyers to the grand jury and calling attorneys to give testimony against their clients is unprecedented and unconstitutional;
4) that the prosecutors ignored the fact that Mr. Bravo had provided information to Puerto Rico law enforcement authorities for the investigation of former Senator Jorge de Castro Font with an agreement that the information would not be used in any case against Mr. Bravo and the federal prosecutors from Washington, D.C. violated this agreement;
5) that the prosecutors have made up new theories of criminal charges that have never been brought before in order to make this case;
6) that the prosecutors have piled on charges to make the case look more serious and substantial than it is in violation of the Defendants’ due process rights and rights against double jeopardy; and
7) that the prosecutors have made a federal case out of what is local conduct by totally ignoring the jurisdiction requirements of the law they are attempting to use.
Counsel for Senator Martínez, Abbe D. Lowell, of the law firm of McDermott Will & Emery, and counsel for Mr. Bravo, David Chesnoff, of the law offices of Chesnoff and Schonfeld said: “The prosecutors charged our clients in a federal case for a social trip they took 5 years ago. The motions we filed in court argue that they brought these charges by twisting and stretching the law and by violating the attorney-client privilege, an immunity agreement, the statute of limitations and our clients’ other constitutional rights. This has led to our filing this unprecedented number of pre-trial motions. We are hopeful that the federal court will rule that the prosecutors are the ones who violated the rules in bringing these charges and will dismiss the case against our clients.”
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