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Prosecutors Deny Joe And Teresa Giudice Separate Trials

JoeTre

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.

Photo Credit: WENN

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  • anonymous

    Yeah, right. The trial for the both of them together is gonna cost a crapload of $$ — why should money be wasted on two trials?

  • Louise

    The prosecutors have no jurisdiction whatsoever whether to grant or deny this request, but what they can do is object/oppose, which is exactly what they did. A judge is the only one who can grant the request or deny it and as of right now, a judge has not yet ruled either way. There is a huge difference, so you may want to consider revising your headline as it is not only misleading, but it is false.

    • EL

      I was wondering about that. I didn’t think that could be right either. Of course the prosecution is going to oppose the motions of the Defense…the heading for the article is VERY misleading. The Judge is the only one that can make that determination and it will have nothing to do with money. The decision will have to be based on whether the defendants rights will be infringed in a combined trial. Thankfully, in this country you have a right to a fair trial and everything should be done to ensure that our rights are protected. If the Judge does not ensure that then the individuals have grounds for an appeal to any decision during the trial. And that will cost the government a lot more money.

  • only1me

    in few yrs,we’ll see these proscuters and lawyers running for public office in jersey,now that andy said teresa and joe’s troubles will be part of show,