A second postponement has been granted in the start of the trial of Innovative Communication Corp. vice president John Tutein on bribery and other charges relating to alleged efforts to influence a senator's vote on the so-called "Prosser deal."
The trial, initially to have begun in August, had been postponed to Monday, Nov. 8. Now, in response to a motion filed by defense attorney Treston Moore requesting that four of the five charges against Tutein be dismissed, District Court Judge Thomas K. Moore (who is unrelated to the attorney) has delayed the start again.
A new trial date cannot be set until the motions are ruled on. According to Josh Millard, law clerk to Judge Moore, the judge will consider the motions as soon as the required procedures are completed.
"The motions are in briefing," he told The Source, and defense counsel "has the option to respond to the government opposition" to the requests to dismiss charges.
"Until we receive a definite reply and have all pleadings, we won't be in a position to move," Millard said, adding, "We are trying to get it done as soon as we can."
The defense was directed to file its reply to the prosecution's opposition by Monday.
Tutein, a former V.I. senator, is charged with offering Sen. Allie-Allison Petrus and associates involved in the "Graffiti Street" television program begun by Petrus cash and/or a mobile TV van equipment. Prosecutors contend the offers constituted bribes intended to influence Petrus's vote on a proposal put forth by business executive Jeffrey Prosser to give the government land on St. Croix and fund various capital projects throughout the territory in return for long-term tax exemptions for 10 enterprises Prosser owns, including ICC.
The Senate approved a modified version of the Prosser deal on a vote of 8-7, but Gov. Charles Turnbull subsequently vetoed it.
Petrus accused Tutein on the Senate floor last May of having offered him an envelope full of hundred dollar bills in exchange for his support of the proposed legislation to authorize the swap of land and capital projects for tax exemptions. Tutein at the time termed the accusation "lies."
Treston Moore in his motion asked to have four of the charges dismissed on grounds of "vagueness and over-breadth." He also said Tutein had the right under the First Amendment of the U.S. Constitution "to financially support candidates," "to financially support projects that elected officials may support" and "to try to persuade elected officials to. . . support legislation," the V.I. Independent reported.
Curtis Gomez, assistant U.S. attorney prosecuting the case, argued in opposition that those arguments "stray wide of their target" and "lack any support in law," the newspaper said.