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[0:10] ..." seldom basic openness to understand a former prosecutor now noted defense attorney. Al Johnson at the just like with the Rico statute uncle Sam to plenty of muscle the pullout and to. Put the squeeze on"...
[0:50] ..." and because of the bracket it is very broad it is -- Pat Carroll. -- the -- yet they dependent for a specific crimes that you quoted -- called stepped on -- services. Recently. Arrived. Not"...
[3:39] ..." Understand quite now consulate switched to the Philip Markoff case and we learned yesterday that the Suffolk County grand jury last week handed up indictments. Including -- murder in the first degree in the -- A murder at the the -- Copley"...
[4:21] ..." court case which everyone expected that it would. In other words -- grand jury has indicted. Mark Robert -- various crimes including. But not limited to first degree murder armed robbery. Kidnapping and so what the"...
[5:31] ..." I'm disturbed a little bit about the details whichever. Revealed by the Suffolk County prosecutor the district attorney. Because. As in the -- some of the details which have been disclosed. Cannot help. But influence improperly."...
[0:00]" Theft of honest services sounds like a crime and in the federal statutes it is but it is over broad and ill defined according to attorneys representing. Former Massachusetts house speaker seldom basic openness to understand a former prosecutor now noted defense attorney. Al Johnson at the just like with the Rico statute uncle Sam to plenty of muscle the pullout and to. Put the squeeze on people is this any kind of a defense that that the the statute. It is not precise enough."
[0:28]" It certainly is there isn't a time honored defense. Well void for vagueness which is recognized by this record of the United States on many many cases. It is not limited. Can do. Charges christianity -- of services from. Public officials. But there's very very broad and because of the bracket it is very broad it is -- Pat Carroll. -- the -- yet they dependent for a specific crimes that you quoted -- called stepped on -- services. Recently. Arrived. Not one but five Palm Beach County commissioners. We're convicted in Florida. Violation of the honest services statute. And and it raised a great deal of questions as to whether or not it was sufficiently. Be specific enough so that one could avoid violating the statute."
[1:25]" What it -- it used to be damaged in the Rico statute which who has been used in a variety of what many defense attorneys believe rather. Rather they have bent the rules and circumstances and of course you'll be used to get John. Under perjury charges wire fraud whatever it takes. The government does have a lot of arrows and escort business."
[1:44]" There's no question about it but you know each citizen of the United States has a right to in the old. The boundaries. Over which he cannot crossed. By violating the law and if he cannot understand the law of Dolores hope -- an individual. Or a corporation. And I understand the nature of the lower the bar owners of the law then the statute is boarded and vacant because one could not be prosecuted for something good. He did not know was it criminal that."
[2:14]" Al -- and a -- recall precisely what it was a speaker to Macy has Sudanese defense -- publicly and I have not heard him say I never took a dollar what I've heard him say is I always conducted myself in the best interest of my constituents. And I did not break the law. His attorney has said that he did not break the law. That's not the same as that in take the payoff isn't."
[2:35]" Well you know. The question is what you're defining as a pay. In this case in order to violate the statute. -- tree is charged. He would have to define it he would have to. Embrace out of -- or some kind of risky. In order to put money in his pocket. To defraud the public purposes says in the statute of honest services now. People pay off -- services has to be a quid pro quo and other words. If you're going to take someone off and -- to be in return. For. Some deviation from the honest. Services which one is obliged to perform as a public official. And in this particular case I believe that the -- will be. That although he didn't correct except Monday from. Different sources that money was accepted as legal services and certainly not for -- deviation from public."
[3:39]" Understand quite now consulate switched to the Philip Markoff case and we learned yesterday that the Suffolk County grand jury last week handed up indictments. Including -- murder in the first degree in the -- A murder at the the -- Copley place hotel. Or was at the other one west of the west whatever was that it is Copley Place. The case. That there are about America that it be the case now switches from Boston municipal court to Suffolk superior. Aside from the fact that it sounds more impressive what does that mean."
[4:13]" It doesn't eat -- no surprises here at. The mark police. Has now become a superior court case which everyone expected that it would. In other words -- grand jury has indicted. Mark Robert -- various crimes including. But not limited to first degree murder armed robbery. Kidnapping and so what the only new accounts which I was able to develop. Which were disclosed where. Possession of an unlawful weapon and use someone also licensed to purchase a weapon that's the only new senators."
[4:49]" In order for prosecutors to easily prove a case it is in don't have to have every element that they like to see means motive and opportunity means. The weapon opportunity being in that place at that time and a -- captured on on surveillance tape. And then there's motive what was the motive here -- and how do you establish. A motive when the victim the presumably only other witness to the crime. Is dead."
[5:16]" Cases of this kind motive can be presumed in the -- with the -- the motive lost. I doubt that one -- say that the motive would be to take one property that via a difficult one to help. I'm disturbed a little bit about the details whichever. Revealed by the Suffolk County prosecutor the district attorney. Because. As in the -- some of the details which have been disclosed. Cannot help. But influence improperly. Prospect of -- was really concerned about the DTL in which the district attorneys sought to reveal that matters to the public as to. What occurred in each of the assaults and murders in this particular case I think -- Very difficult to presume that he -- and people we're not going to be aware of great detail not only in this case and that the basic case."
[6:14]" And and and pre disposed against the defendant because of it."
[6:17]" Absolutely positively. I've read in the district attorney's press release and it in north describes in great detail. How peace security portage. Indicated that mark -- was the one who was targeted. That -- aren't recovered from the primacy -- recovered as we mark our. I think it I think those kinds of specific details are to be avoided because. You know Supreme Court has -- war in cases of great publicity. That one who. Disavows any knowledge of the case. Is not a deep belief in the embedded with regard to the prospect of Doris."
[6:58]" Explaining the letter of the law forests on WBZ Boston defense attorney Al Jones."
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