Joe and Teresa Giudice are awaiting their federal trial and after spending the holidays together in a quiet setting, it appears the Giudice’s attorneys have been hard at work. Joe’s attorney filed a motion late last week, hoping to split Joe and Teresa’s charges into two separate trials. We would assume that means Joe is looking to take most of the blame for the charges. The attorneys also wants to know what unedited footage from The Real Housewives of New Jersey the feds want to review.
Thanks to RealityTea, we have a summary of the court documents that were filed by Joe’s lawyer.
PLEASE TAKE NOTICE that on April 9, 2014, at 10:30 a.m. or as soon thereafter as counsel may be heard, the undersigned counsel for defendant Teresa Giudice shall move before the Court for an Order:
- Severing defendant Teresa Giudice from her codefendant and husband Joe Giudice under Fed. R. Crim. P. 8(b);
- Severing Counts 1-13 from Counts 14-36 to prevent undue confusion and prejudice to the Defendants;
- Requiring the Government to file a Bill of Particulars pursuant to Fed. R. Crim. P. 7(f);
- Requiring the Government to disclose all alleged conspirator statements and conducting a James hearing to determine their admissibility;
- Requiring the Government to disclose the nature of any evidence of other crimes, wrongs, or acts that it intends to introduce at trial pursuant to Fed.R.Evid. 404(b);
- Requiring the immediate production by the government of all Brady exculpatory evidence and all Giglio impeachment materials;
- Instructing the Government to designate the specific episodes or excerpts or outtakes of the “Real Housewives of New Jersey” television show that it intends to offer at trial;
- Allowing the defendant Teresa Giudice permission to join in the motions of codefendant Giuseppe Giudice; and
- Allowing defendant Teresa Giudice to file additional motions, including in limine motions, as they become appropriate.
**Note that these bits are not all from the same consecutive pages – it’s broken up pieces.
Teresa Giudice (“Teresa”) respectfully seeks the following relief by way of the current motions:
(1) a severance of the defendants and counts;
(2) a bill of particulars;
(3) disclosure of all alleged coconspirator statements;
(4) immediate production of Brady and Giglio materials; and
(5) all other relief sought herein.
Severance of defendants is required to allow Teresa to invoke her constitutional right to testify on her own behalf. It is also necessary to allow Teresa to invoke the marital privilege against testifying against her spouse. Without an order severing the trials, she is placed in the position of choosing to testify on her own behalf and, arguably, against her husband, or not testifying at all.
As to the second Boscia factor, the testimony Joe will provide is clearly exculpatory. As Joe’s declaration states, he will testify that:
1. Teresa had no knowledge of any misrepresentation on loan applications, mortgage applications, or lines of credit;
2. Teresa was not aware that various properties were acquired in her name;
3. Teresa was not aware that various businesses were owned in her name;
4. Joe signed Teresa’ s name on numerous occasions without her knowledge and authorization;
5. Joe’s business partner, Joe Mastropole, signed Teresa’ s name on numerous occasions without her knowledge and authorization;
6. Joe’s attorney, Fred Roughgarden, signed Teresa’ s name on numerous occasions without her knowledge and authorization;
7. Other individuals, including bank representatives, were aware that Teresa had not signed various documents, including, loan applications, mortgage applications, lines of credit, or HUD-ls. Da7-Da9.
If the trials are not severed, the vast majority of the evidence set forth by the Government will be related to Joe Giudice’ s conduct, not Teresa’s. The evidence reviewed to date makes clear that Joe and Teresa have markedly different degrees of involvement in the conduct alleged by the Government. A joint trial could erroneously lead a jury to conclude that Teresa involvement is more pervasive, based on other alleged coconspirator conduct, not her own, particularly given the fact Joe will be required to stand trial on the other tax counts. Accordingly, severance of the Giudices ‘ trials is critical to avoid undue prejudice to Teresa.
On the subject of the footage prosecution intends to use, “The prosecution has produced hours of unedited footage from “The Real Housewives of New Jersey” television show, but has yet to designate the specific recordings or portions that it intends to offer at trial. The Court should instruct the prosecution to do so immediately. Once the prosecution fulfills its obligations, the Court should grant the defense an opportunity to file additional motions, including without limitation, motions to conduct an audibility hearing under United States v. Stark, 515 F.2d 112 (3d Cir. 1975), and/or for exclusion, or other relief.
Special thanks to RealityTea for the summary of the court documents filed by Joe Giudice’s attorney.
Photo Credit: WENN