Indicted Bronx Senator's Trial Postponed

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http://www.observer.com/files/imagecache/article/files/efraingonzalezweb.JPG

by ALEX KRATZ
NORWOOD NEWS

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http://www.norwoodnews.org/story/?id=296

Bronx State Senator Efrain Gonzalez's federal trial for corruption and fraud charges has been postponed until late April 2008 at the earliest, according to the U.S. Attorney's Office for the Southern District of New York, which is prosecuting the case.

Gonzalez, who has represented a large portion of the west Bronx (33rd District) since 1989, was supposed to be back in court on Nov. 16 for oral arguments relating to any pre-trial motions, but that date was pushed back to Feb. 29. Government prosecutors are then supposed to provide any evidence exhibits, a precursor to the trial, by April 14. The trial would then presumably start soon afterward.

Whenever the trial reconvenes, Gonzalez will be joined by co-defendants Neil Berger and Miguel Castanos, both of whom headed non-profits that Gonzalez is accused of defrauding. Lucia Sanchez, who worked for and shared an apartment with Gonzalez, is also facing charges. Sanchez worked in Gonzalez's office and for the West Bronx Neighborhood Association, a non-profit group at the center of the controversy.

All four defendants have been implicated in a broad conspiracy to bilk more than $400,000 in state funds for their own personal use. Gonzalez faces nine charges himself.

The postponements may be partially explained by a Sept. 14 letter from federal prosecutors to Judge William H. Pauley III, who is presiding over the case, requesting pre-trial motions deadline be pushed from mid-September to mid-October and any oral arguments from Oct. 26 to Nov. 2.

Prosecutors said they needed more time to conclude plea discussions with the defendants and also because Berger's lawyer, Herald Fahringer, was dealing with medical emergency within his immediate family.

Pauley agreed to push back the motion dates and scheduled any oral arguments for this Friday, Nov. 9 at 3 p.m. That date was postponed until Nov. 16. But now, that date has been postponed to Feb. 29.

Gonzalez is up for re-election next fall. Last fall, despite being indicted on criminal charges, Gonzalez easily won re-election. It's not inconceivable that Gonzalez would seek re-election again while the trial is still happening or if it still hasn't begun.

Gonzalez was originally indicted on mail fraud charges last September, but then three months later, in December, federal prosecutors piled on several other more serious charges.

At a March 23 pre-trial conference, Gonzalez's attorney, Murray Richman, said he needed more time to sift through all the prosecutions evidence against his client. Judge Pauley pushed the pre-trial motions to this fall.

Richman, who is handling all of Gonzalez's trial-related press inquiries, is out of the office until next Tuesday and could not be reached for comment.

http://www.usdoj.gov/usao/nys/pressreleases/December06/gonzalezs2indictmentpr.pdf