On January 24, 2018, Senator Robert Menendez was convicted on charges of bribery and corruption. The case against him alleged that he accepted gifts and campaign contributions from a wealthy Florida eye doctor in exchange for political favors. Menendez was sentenced to 13 years in prison, but has remained free pending an appeal.
Now, as Menendez’s legal team prepares to appeal his conviction, the question on everyone’s mind is: can his conviction survive an appeal?
One of the main arguments that Menendez’s lawyers are likely to make on appeal is that the jury instructions given in his trial were flawed. They may argue that the instructions did not properly explain the legal standard for proving bribery, and that this may have unfairly influenced the jury’s decision.
Additionally, Menendez’s lawyers may also challenge the admissibility of certain evidence presented at trial. They may argue that some of the evidence used against him was obtained improperly, or that it was unfairly prejudicial. For example, they may challenge the admission of emails or wiretapped conversations that were used to establish Menendez’s alleged corrupt relationship with the Florida eye doctor.
However, even if Menendez’s lawyers are successful in raising these arguments on appeal, it may still be an uphill battle to overturn his conviction. The burden of proof in an appeal is much higher than in a trial, and appellate courts are generally reluctant to second-guess the findings of a jury.
Furthermore, Menendez’s conviction was based on a mountain of evidence gathered over several years of investigation, including testimony from witnesses and documents detailing the favors he allegedly provided in exchange for gifts. This evidence may be difficult to overcome on appeal.
In the end, only time will tell whether Menendez’s bribery conviction will survive an appeal. While there may be some legal avenues for his lawyers to explore, overturning a conviction of this magnitude will be no small feat. For now, Menendez remains free on bail as he awaits the outcome of his appeal.