Unsatisfied with the power he’s amassed in Albany, Democratic state Sen. Malcolm Smith last year tried pulling off a $200,000 bribery scheme to get on the Republican ballot for New York City mayor – with then-Queens Councilman Dan Halloran “setting the whole thing up,” a federal prosecutor told jurors Wednesday.
“Malcolm Smith wanted something more; he wanted to be mayor” and figured his best shot would be to cross party lines and “run as a Republican,” Assistant US Attorney Douglas Bloom told jurors while delivering opening remarks in the White Plains federal court corruption trial of Smith (D-Queens), Halloran (R-Queens) and former Queens GOP Vice Chairman Vincent Tabone.
“This is a case about the corruption of our elections, [and] the politicians who betrayed the people who elected them,” said Bloom, adding jurors during the three-week trial would hear undercover recordings revealing specifics about the bribes.
Bloom said Smith – one of the state’s top Democrats – made the failed bid to secure the Republican mayoral primary line by bribing Halloran, Tabone and then-Bronx Republican Chairman Joseph “Jay” Savino. Smith, the prosecutor said, turned to crooked Rockland County developer Moses Stern and an undercover agent for money and help pulling off the scheme. The senator, in turn, promised them $500,000 in transportation funds for a project in Spring Valley, NY.
The prosecutor added that Halloran – who is accused of pocketing $20,500 in cash bribes for acting as an intermediary — masterminded the cross-party negotiations.
Because he is a Democrat, Smith needed GOP support in at least three boroughs to run as a Republican without changing his party affiliation. Bloom said Tabone ultimately realized he had the “keys to the election — and tried to sell those keys for cash.”
The feds say Smith plotted with Stern, now a cooperating witness, to pay the bribes, including at least another $40,000 in cash paid to Tabone and Savino.
Tabone allegedly received $25,000, and Savino copped a plea in November to accepting $15,000.
Defense lawyers, however, accused the government of entrapment.
Smith’s attorney, Gerald Shargel, told jurors the recordings will show that Smith never paid or accepted even $1 – and that Stern, the government’s chief informant, is motivated by a desire to avoid prison.
Halloran’s lawyer, Vinoo Varghese, also said his client is no crook.
“He’s literally a Boy Scout,” and a “man of the people,” the lawyer said.
The government’s first witnesses are expected to testify Thursday, including state Sen. Diane Savino (D-Brooklyn/Queens). Savino is a longtime politically ally of Smith who agreed to take the witness stand without incident after being subpoenaed by the feds. She and Joseph Savino are not related.
Opening statements were slightly delayed after a juror was disqualified for telling his father-in-law about the case — and after defense lawyers demanded a new jury upon learning that a copy of a local newspaper was discovered in the jury room.
Karas opted against selecting a new jury after polling jurors. He said he was satisfied that none had read about the case and that the only juror who looked at the paper just read about the New York Rangers’ Stanley Cup bid.
Smith is expected to take the stand in his own defense.
Both Smith and Halloran face up to 45 years behind bars, while Tabone faces 25 years in the slammer.