Queens state Sen. Malcolm Smith wants to present a surprise witness to prove his innocence at his upcoming corruption trial — convicted ex-Queens Sen. Shirley Huntley, stunning new court papers filed Friday reveal.
Smith, who is claiming he was framed by the government, wants two secret conversations that Huntley recorded with him submitted as evidence to bolster his defense.
“These recorded conversations demonstrate that Smith had no predisposition to engage in any criminal conduct,” Smith attorney Gerald Shargel said.
“On these recordings, Huntley proposes various unlawful acts in which she hoped to ensnare Smith. Each time, Smith rejected her criminal overtures,” Shargel added.
Democrat Smith was indicted for allegedly trying to bribe his way onto the Republican primary ballot in the 2103 mayor’s race. He was nabbed as part of a sting operation that involved shady developer Mark Stern, a cooperating witness and an undercover FBI agent.
As part of his entrapment defense, Smith will claim that the alleged crimes were totally concocted and advanced by the government.
The Smith filing also noted that US Attorney Preet Bharara’s office does not intend to call Stern as a witness.
The Smith motion also asks the judge to dismiss recorded statements uttered by co-defendant Dan Halloran, the ex-Queens Republican councilman, that suggest politicians are corrupt. Shargel said the statements are prejudicial to his client.
Smith’s trial starts June 2 in White Plains.
Huntley pleaded guilty last year to stealing $87,700 in public funds from her nonprofit group. She secretly taped nine lawmakers and political operatives who were targeted by the feds, including Smith.
Meanwhile prosecutors asked the judge to allow its undercover FBI agents to testify without revealing their names. The feds wants their identities protected because the agents are involved in ongoing criminal probes and don’t want their covers blown.