Opening statements in state Sen. Malcolm Smith’s corruption trial began Wednesday afternoon — but not before they were delayed after two jurors were removed, causing defense lawyers to demand that an entirely new jury be chosen.
One of the jurors had admitted wrongfully discussing the case with a relative after being chosen Tuesday, and another raised concerns that the trial would cut into parental duties.
White Plains federal Judge Kenneth Karas ultimately opted against selecting a new jury and further delaying what is supposed to be a three-week trial. Lawyers had spent Monday and most of Tuesday picking the current jury.
Meanwhile, lawyers on Wednesday confirmed that they expect Smith to take the stand during the trial and testify in his own defense.
Smith — one of the state’s top Democrats — was busted last year in a failed scheme to secure a spot on the Republican primary line for the 2013 mayoral race allegedly through the bribery of former Queens Councilman Dan Halloran, then-Bronx Republican Chairman Joseph “Jay” Savino and then-Queens GOP Vice Chairman Vincent Tabone.
Halloran is accused of pocketing $20,500 in cash bribes for acting as an intermediary who set up the cross-party negotiations.
The feds say Smith also plotted with crooked Rockland County developer Moses Stern, a cooperating witness, for another $40,000 in cash bribes to be paid to Tabone and Savino. Tabone allegedly received $25,000, and Savino copped a plea in November to accepting a $15,000 bribe while alleging that Halloran instigated the scheme.
Halloran is also facing charges of allegedly pocketing $18,300 in cash bribes and $6,500 in straw-donor campaign donations for agreeing to steer $80,000 of council discretionary funding for his district to a company he believed was controlled by those who paid him the bribes.
Both Smith and Halloran face up to 45 years behind bars, while Tabone faces 25 years in the slammer.