RHONJ: The Fraudice’s Are Back With More Frivolous Legal Maneuvers

 

In another installment of the Fraudice Crookbook, Teresa Giudice “star” of the Real Housewives of New Jersey has responded to federal prosecutors motion to deny her co-defendant and husband, Joe Giudice’s motions filed last month.

Teresa Giudice’s attorney has filed a 20-page reply brief in support of her pretrial motions. In similar fashion to Joe Giudice’s pretrial motions filed in last month, Teresa’s attorney’s are requesting separate trials and other similar requests of the court. Below is a summary of the five main points outlined in the motion filed yesterday in the US Federal District Court:

Point I: 
Teresa Giudice must be severed from Joe Giudice to preserve her constitutional right to testify on her own behalf

Point II: 
Severance of counts 1-13 (Mortgage Fraud) and counts 14-36 (Bankruptcy Fraud) will be required to prevent undue prejudice to the defendants and confusion of the jury

Point III:
The court should direct the prosecution to file a bill of particulars

Point IV: 
The court should order the prosecution to produce immediately all Brady materials

Point V: 
Defendant Teresa Giudice will rely on arguments made at oral argument and in her memorandum in support of her pretrial motions

Teresa’s attorney’s further stated in the documents filed:

“The indictment repeatedly uses vague and amorphous words and phrases, but fails to provide additional detail to allow Teresa to defend herself against these allegations.”

“In fact, the Defense has accessed and reviewed the Government’s discovery in the U.S. Attorney’s Office on many occasions, and still cannot determine what the basis is for many of the allegations set forth in the Indictment. Accordingly, the Indictment is woefully deficient.”

Joe Giudice’s attorney filed the same motion last month, a motion to grant “defect or misjoinder of parties” as defined means separate co-defendants/separate trials. This would allow the husband and wife duo the privilege of not testifying against each other at trial. The government swiftly answered Joe’s motions with a 47-page memorandum demanding that Joe’s request for separate trials be denied. 
Federal prosecutors stated:

“Each of Defendants’ pretrial motions must be denied.”

“Teresa and [Joe] appear to share the hope that each may have a better chance of acquittal in a separate trial.”

“This, however, is not sufficient basis to sever two defendants charged as participants in the same conspiracy and fraudulent scheme.”

“Although this is only guesswork given her failure to make any proffer as to what she might say and how it might impact her husband. Even if so, however, such difficulty does no infringe upon a fundamental right, and it manifestly does not require the Court to hold two separate trials on identical offenses for the sake of preserving marital harmony. Defendants’ motion on this basis thus must be denied.”

As a result of Joe’s filings last month, federal prosecutors are now asking the judge to force Teresa and Joe’s legal team to relinquish all “photographs, books, papers, documents, data, photographs, tangible objects” which have not been previously handed over. Teresa and Joe just pissed the government off and opened up new can(s) of worms with their latest stunt.

Federal prosecutors have deemed Joe Giudice dishonest, as stated in their response memorandum:

“He [Joe] has provided false testimony under oath on multiple occasions.”

The Giudice’s legal team continue to waste the court’s time with frivolous tactical maneuvers all in an effort to buy the couple time on the “outside” before they take up residence in Federal Prison. It’s highly expected this case will end in a plea deal conviction and won’t go to trial.