Previous Story
7 charges vs Reksid dismissed, only 1 charge remains for trial
|
Posted on Sep 14 2011
By Ferdie de la Torre
Reporter
Reporter
Only one charge remains in the case against Department of Public Lands special assistant to the secretary Franz B. Reksid as the seven other charges were dismissed.
On Monday, U.S. District Court for the NMI visiting judge Michael A. Ponsor granted defense attorney Mark Hanson’s motion to dismiss counts 2 to 6 wire fraud charges against the 70-year-old Reksid.
Ponsor, however, then ruled that the jury trial will proceed as to count one (bribery concerning a program receiving federal funds), and counts 7 and 8 (wire fraud).
Assistant U.S. Attorney Eric O’Malley on Monday moved the court to dismiss without prejudice counts 7 and 8 mail fraud.
O’Malley said a dismissal without prejudice would serve the interests of justice insofar as it would allow appellate resolution of certain issues raised and decided by judge Ponsor pertaining to counts 2 to 6 wire fraud in the indictment.
“Because counts 7 and 8 are similar to, and as the government believes, part of the same scheme was alleged in counts 2 through 6, the government further submits that if the scheme is to be tried, it should be done in a single case,” said O’Malley in a motion to dismiss.
At yesterday’s hearing, granted O’Malley’s motion to dismiss without prejudice counts 7 and 8 mail fraud.
The dismissal leaves only one count remaining to proceed on trial.
Ponsor also affirmed the court’s previous decision granting Reksid’s motion to exclude evidence of ethics violations.
Ponsor granted O’Malley’s motion to stay the jury trial for one week.
The judge ordered the 57 potential jurors to return on Sept. 19 at 8am.
The indictment alleged that from January 2009 to August 2009, Reksid borrowed over $300,000 from friends, associates, and relatives and wired part of the money to Ivory Coast and Nigeria. He also allegedly solicited $3,000 from the owner of a business that was seeking to obtain a contract with DPL.
