Former Secaucus Mayor Dennis Elwell seeks an acquittal or new trial to overturn the bribery conviction handed down to him by federal court on July 6. In what was a split verdict, a jury acquitted Elwell of conspiracy to commit extortion and attempted extortion, but convicted him on bribery. Elwell’s lawyers filed papers in federal court Friday, Aug. 5, citing what they said were unfair and prejudicial comments by the prosecution, a compromised verdict, and a lack of understanding on the jury’s part of what constituted bribery.
“We don’t think it was ever proven that there was a quid pro quo with regard to the payment of the money,” said Defense Attorney Thomas Cammarata on Wednesday. “Mayor Elwell never promised to do anything for [Dwek]. We think the evidence was not sufficient to prove that element.”
“We don’t think it was ever proven that there was a quid pro quo.” – Thomas Cammarata
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Cammarata noted statements made by juror Luis Alba to the Star Ledger that Alba had reasonable doubt of Elwell’s guilt and that he believed the $10,000 paid to the former mayor was a campaign contribution rather than a bribe.
A Hudson County resident, Alba, 48, left the trial unhappy and hoped the defense would appeal.
Cammarata said Alba’s statements prove the jury didn’t understand that there had to be more than the fact that Elwell accepted the money and kept it. He said that there had to be a promise made for the money.
Elwell, 66, was arrested on July 23, 2009 along with dozens of other political and religious leaders who were caught by the FBI in a sting operation. In the sting, Dwek met with various politicians running for office and offered cash contributions in exchange for favoritism.
During his trial, Elwell testified that he took $10,000 cash from his friend, political associate Ronald Manzo, who passed the money to Elwell after getting it from Dwek. Manzo pleaded guilty in May to taking money from Dwek, and testified in the trial against Elwell.
Elwell testified that he told Manzo he could not accept the cash but agreed to hold onto it for him after Manzo said he was worried that Dwek wouldn’t partner with him if Elwell didn’t hold it.
Sentencing will be Nov. 15, 2011. Elwell faces up to 10 years in jail.
Adriana Rambay Fernández may be reached at afernandez@hudsonreporter.com.