Strike one against the Giudices!
Federal prosecutors are attempting to block Teresa Giudice's primary defense tactic to be tried separately from her husband Joe Giudice. Teresa and Joe's reasoning behind the petition for separate trials is a clause known as "marital privilege" which states spouses are not required to tell incriminating information against each other. Prosecutors argue that any voluntary testimony disbands that right.
In a 47 page memorandum presented to the judge on Wednesday, prosecutors argued against the Real Housewives of New Jersey stars' attempt for separate trials, stating: “Teresa and [Joe] appear to share the hope that each may have a better chance of acquittal in a separate trial … This, however, is not sufficient basis to sever two defendants charged as participants in the same conspiracy and fraudulent scheme.”
If you recall, the Giudices' alleged defense scheme is to make Joe take the fall by claiming Teresa didn't know what she was signing. Joe maintains that he wants a separate trial so he can testify in support of this notion that he was the "brains" (HAHAHAHAHA) behind the schemes while Teresa was an innocent victim.
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“Teresa's decision as to whether to testify might be a difficult one under the circumstances,” the documents provided by Radar Online, state, “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.”
Regarding Joe's insistence that he will testify in support of Teresa (without implicating himself mysteriously?) prosecutors attempt to strike down this plan. Their documents claim 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."
Basically Joe will decide whether or not to testify at Teresa's trial depending on the outcome of his own trial – if he is convicted, he's going to try and exonerate her. If he is found not-guilty than he will likely decide not to testify or to testify entirely differently. "thereby insuring what he says doesn’t affect his own trial," which prosecutors label as "self-serving." Giving that Joe's attorneys have stated there is "no guarantee" that he will testify the prosecutors see no reason to proceed forward with separate trials.
Prosecutors further argued that no matter what Joe would or would not say regarding Teresa's involvement “is an inadmissible opinion regarding her state of mind” and would not benefit her case.
Furthermore, the documents state it doesn't even matter what either party testifies, because the government discovered facts about what the Giudices were doing – including that Teresa signed documents in front of a notary and with witnesses on her own behalf. Hard to argue with that!
Per the documents, “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.”
And finally prosecutors argued that the Giudices are such well-documented liars that no matter what they say it can't be considered valid and truthful information to the case. BUURRRN! Someone has been watching RHONJ closely after all! Joe “has provided false testimony under oath on multiple occasions.”
What's more – prosecutors are requesting a judge demand the Giudices to hand over personal “photographs, books, papers, documents, data, photographs, tangible objects” relating to the case – something they have not complied with as of yet! Yikes.
I can't wait until Teresa writes Fabulicious Behind Bars: Staying Skinny In The Slammer
[Photo Credit: Ivan Nikolov/WENN.com]
TELL US – SHOULD TERESA AND JOE BE ALLOWED SEPARATE TRIALS?