Well, after some quiet time where their federal fraud trial is concerned, Teresa and Joe Giudice are keeping their attorneys busy in the new year. And while the attorneys are hard at work, the Giudices were off at play.
Joe's attorney filed a motion late last week, hoping to split Joe and Teresa's charges into two separate trials. Joe is hoping to take the blame for most of Teresa's signatures, etc., from the way it reads. They're also asking for information from the prosecution as to what particular pieces of unedited footage from The Real Housewives of New Jersey will be used against them.
There were 53 pages of fascinating reading in all, but we tried to trim it to the basics for you since we can't upload the entire tome. (boo, we know!)
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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.
**
The first Boscia factor requires a showing that Joe Giudice would testify in support of Teresa at her severed trial. Here, Joe has submitted a declaration stating that he will invoke his Fifth Amendment privilege against self- incrimination in his trial. Da7-Da9. Should the trials be severed, however, Joe has affirmed his willingness to testify as to Teresa' s non-involvement in the alleged criminal activity. He would be unable to do so in a joint trial at which his Fifth Amendment rights are applicable.
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 bankruptcy:
B. COUNTS 14-36: THE BANKRUPTCY PETITION COUNTS
In October 2009, the Giudices filed a petition for relief under Chapter 7 of the Bankruptcy Code in the proceeding entitled In Re Teresa and Giuseppe Giudice, Case No. 09-39032. The bankruptcy petition was later amended in December 2009, and again in January 2010. It was withdrawn on December 15, 2011.
Counts 14-36 allege that the Giudices "intentionally omitted and concealed material facts, and provided false and misleading information" by failing to fully disclose assets, liabilities, income from prior years, and any anticipated income. Teresa has denied all knowing and intentional allegations contained in Counts 14-36.
**
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."
We'll keep sifting through for more bits to share – there's a lot of info here. Hopefully our legal eagle Lauren can take a skim through it, too, and offer up any insights she might have.
The Giudices aren't sweating this fraud trial nonsense at the moment, they've got more important things going on. Like skiing with their girls and stuff. Teresa posted a series of photos of their happy family hitting the slopes together today.
TELL US – WOULD YOU TUNE IN IF THEY'D AIR THE GIUDICE TRIAL(S) LIVE?
Photo Credit: TNYF/WENN.com
