Attorneys for Kelly and Baroni filed court documents Monday night, arguing that U.S. District Judge Susan D. Wigenton was wrong to instruct the jury that prosecutors did not have to prove that the closures were done as revenge against the mayor. Judge Wigenton told jurors that all that mattered was whether Kelly and Baroni conspired to break the law, and that motive was irrelevant. This happened after the jury asked if Kelly and Baroni could be found guilty of conspiracy if they didn’t believe it was intentionally done as punishment. According to NJ.com, Kelly’s lawyer, Michael Critchley, said in his court filing, “The court’s answer was a misstatement of the law, constructively amended the indictment and denied Ms. Kelly her constitutional right to a unanimous jury verdict.”
Michael Baldassare, Baroni’s lawyer, said in a filing that the case should have been declared a mistrial due to belief that some jurors deliberated without the whole jury present.
Prosecutors have until January 21 to file a response. Should the judge not order a new trial, Kelly and Baroni will be sentenced at a hearing on February 21. They each face 20 years in prison.
[Image via Shutterstock]