Bob Menendez, Wael Hana seek new federal bribery trial; Nadine Menendez seeks new delay

Convicted former Sen. Bob Menendez and one of his co-defendants have requested a new trial after it was discovered that the jury in his bribery and corruption trial was allowed to review improper evidence during deliberations.

This is Menendez's second request for a new trial since he was found guilty in July on 16 felony charges. The former New Jersey senator, who resigned in August, was convicted after a nine-week trial in which he and three co-defendants faced indictments in a federal corruption and bribery case brought by prosecutors in the Southern District of New York. It was the second time in six years that Menendez faced bribery charges.

New Jersey businessman Wael Hana's attorneys also have filed a motion for a new trial in the case.

Menendez and his co-defendants — three New Jersey businessmen, Hana, Fred Daibes and Jose Uribe — were part of a bribery scheme, prosecutors alleged.

Menendez and his wife, Nadine Arslanian Menendez, who was also charged, allegedly received, among other things, cash, gold bars and a luxury car in exchange for his using his political influence.

Hana and Daibes were also found guilty during the trial. Uribe was charged alongside both Menendezes but entered a guilty plea after making a deal with federal prosecutors.

Uribe spent several days on the stand as a witness for the prosecution and admitted to bribing the senator.

Nine pieces of evidence that jurors used while deliberating displayed material that should have been redacted, the U.S. Attorney's Office in Manhattan said in court documents filed earlier this month. The prosecutors said defense lawyers did not notice the mistake, either, and that the material likely did not affect the verdict.

"No action need be taken in light of the error," the prosecutors wrote in a letter to U.S. District Judge Sidney Stein. "The evidence of guilt in this case was overwhelming."

Menendez and Hana filed court documents on Wednesday requesting a new trial because of the evidence mistake.

Menendez's attorney, Adam Fee, requested a new trial, or at the minimum an evidentiary hearing to determine the scope of "the government's propriety and the prejudice cause to Senator Menendez."

Prosecutors have until Dec. 10 to respond to the motion.

Earlier: Bob Menendez jury was mistakenly shown improper evidence, prosecutors say

Nadine Arslanian Menendez seeks new delay to trial

The motions come a day after Menendez's wife, Arslanian Menendez, made her own motion requesting that her trial be postponed again, due to a time conflict with one of her attorney's other clients, who faces charges in the Jan. 6 riots to overthrow the Capitol.

Arslanian Menendez was charged with Menendez, Hana, Daibes and Uribe and was initially scheduled to appear beside her husband, but a breast cancer diagnosis led to her trial's postponement.

Arslanian Menendez faces 15 of the 18 charges of her co-defendants, who all received guilty verdicts after the trial. She was initially supposed to be tried alongside her co-defendants, even after asking that the trials be severed.

During the nine-week trial, Menendez's attorneys blamed Arslanian Menendez, but federal prosecutor Lara Pomerantz told jurors that Menendez used his wife as a go-between for the schemes and business dealings that resulted in their receiving cash and gold bars.

Barry Coburn, Arslanian Menendez's attorney, is also representing "a number of indigent, indicted defendants charged with offenses relating to the events of January 6, 2021, at the United States Capitol pending in the United States District Court for the District of Columbia."

One of Coburn's clients is Nathaniel Noyce, who has a trial date set on March 17, 2025, after an eight-count indictment.

Based on Menendez's trial, Coburn doesn't believe that if Arslanian Menendez's trial begins on Jan. 21, it will conclude before March 17.

Coburn also believes that the trial will be longer due to "breaks needed for Ms. Menendez’ ongoing treatment for a serious and ongoing medical condition, the details of which have been proffered to the Court under seal."

Arslanian Menendez's doctor submitted court documents on whether she is fit to stand trial.

"While there is no physical impairment to her being able to appear, [redactions]," Dr. Stephanie Cohen wrote in a letter to the court. "I can say in my experience that most women cannot focus on non-breast related issues in their lives until the completion procedures is finished and most will delay even minor events such as vacations, celebrations, even job changes until it is done ..."

During his trial, Menendez announced that his wife was suffering from stage 3 breast cancer.

Arslanian Menendez hid financial challenges from her husband before they met and during their time together, Menendez's lawyer, Avi Weitzman, said in his opening remarks — less than 24 hours before Menendez announced his wife's medical diagnosis. Weitzman also pointed out that the now-infamous gold bars were found in Arslanian Menendez's locked closet, not Menendez's.

"Whenever you see a document that says Nadine or Hana or Daibes, ask yourself, 'Where's Bob?'" Weitzman said.

In his original request for a new trial, Menendez said he believed that the government failed to prove he took any official acts and that his actions were in exchange for things of value. Daibes and Hana filed similar motions.

Stein postponed the sentencing of Menendez, Daibes and Hana until Jan. 29.

Uribe will be sentenced on April 24.

This article originally appeared on NorthJersey.com: Bob Menendez, Wael Hana seek new federal bribery trial