As we previously reported Joe and Teresa Giudice filed motions asking for separate trials for their 41 count federal indictment, but RadarOnline is reporting the federal prosecutors have denied their request and fought back with a 47-page memorandum. “Teresa and [Joe] appear to share the hope that each may have a better chance of acquittal in a separate trial … ” the documents claim. “This, however, is not sufficient basis to sever two defendants charged as participants in the same conspiracy and fraudulent scheme.”
Joe and Teresa’s requests for a separate trial was based on the notion of marital privilege, which says that a spouse can opt not to offer testimony incriminating their spouse. If she and Joe had separate trials, the couples claimed, they would be better able to defend themselves. But according to the memorandum, prosecutors insist that opting to testify at all automatically disavows the Giudices of that right.
“Teresa”s decision as to whether to testify might be a difficult one under the circumstances,” the documents read, “although this is only guesswork given her failure to make any proffer as to what she might say and how it might impact her husband. Even if so, however, such difficulty does no infringe upon a fundamental right, and it manifestly does not require the Court to hold two separate trials on identical offenses for the sake of preserving marital harmony. Defendants’ motion on this basis thus must be denied.”
Joe claimed he needed a separate trial because he wanted to testify in favor of Teresa, but the prosecutors point out that Joe “is conspicuously silent, however, as to whether his intention holds regardless of which trial is held first and regardless of its outcome. If [Joe] will only testify at Teresa’s trial if he is tried first” thereby insuring what he says doesn’t affect his own trial, then his offer, prosecutors suggest, is obviously self-serving.
“It has long been known to both the government and the defense that in some instances, the Giudices obtained fraudulent mortgage loans in Teresa’s name by having someone else sign for Teresa at closing … However, it is also true that the Giudices obtained many other fraudulent mortgage loans with Teresa’s direct participation, including instances in which Teresa signed the fraudulent loan documents herself, and it is on the basis of those loans that she is charged with conspiracy to commit mail and wire fraud and loan application fraud on the indictment,” the documents state.
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