In another unappetizing chapter in the family crookbook, RHONJ star, Joe Giudice is making several request of the court.
Joe is attempting to save his wife, Teresa from the impending doom that awaits her,
Big Bertha 30+ years in a federal prison. Many have speculated, Joe’s legal strategy would be to “fall on the sword” and assume all criminal responsibility for his codefendant, Teresa. Joe is claiming Teresa did not participate or have awareness of the alleged fraud contained in the 41 count indictment. Joe’s sentiment has a suggestive feel to it–perhaps a suggestive piece of evidence or a suggestive admission of guilt. Joe asserts, if he is granted a separate trial, he will take the stand and declare his wife’s innocence but if they have joint trials, he will exercise his Fifth Amendment right and not take the stand to self-incriminate.
Per court documents, Joe’s attorney has filed several motions on his client’s behalf. One of the requests is a motion to grant “misjoinder and to sever” which essentially means “separate codefendant / separate trial.” If granted separate trials,
Bonnie & Clyde, the codefendants would not be forced to testify against each other. Interesting….why would that matter if you’re “innocent?”
Supposedly, Joe’s attorney previously offered the court a plea deal with a similar a request. The plea deal stipulated the couple would both plead “guilty,” Joe would serve all the prison time for both and Teresa would get probation. In addition to paying fines and penalties. Allegedly, that plea deal was previously denied by the prosecutor. The prosecutor’s office stated the only plea deal they would accept is extensive prison time for both, purportedly. Approximately, 90% of federal cases end in conviction by plea deal. Clearly Joe’s legal defense filed the motion to separate trials as a tactical maneuver to delay the trial, scheduled to start in April.
The courts will consider granting an order to “misjoinder and sever” IF the following criteria are met:
a) The defendants have differing interests:
Joe and Teresa may “possibly” have grounds here since they appear to have different theories in respect to their defense hence different attorneys
b) The situations in each claim are different or contradictory
Joe and Teresa have the same charges, except Count 35-39: Failure to Make Tax Returns – those counts are all against Joe and claim he didn’t file tax returns from 2004-2008.
c) The defendants are not involved (even slightly) in the same transaction.
Based on the indictment they participated in the fraud together
Joe is not done, Celebuzz.com is reporting the following additional requests filed:
He wants the U.S. Attorney’s indictment dismissed with prejudice (translation: The case would be over forever and no further action could be taken) because the defense claims there is not one single conspiracy as the prosecution alleges.
Joe would also like for certain charges of wire and bank fraud dismissed. For example, the alleged fraudulent loan applications filed between 2001 and 2005 due to the expired statute of limitations.
His defense team is also demanding the prosecution disclose all discovery, including any evidence of other crimes Joe has allegedly committed that will be produced at trial (like reports by any witnesses, etc.)
The hot-heated TV husband also wants the prosecution to provide access to the grand jury transcript “in order to determine whether grand jury abuses led to his indictment.”
And, last but not least, he wants a separate hearing to review all Real Housewives of New Jersey takes and outtakes that attorneys plan on using against him to determine their “audibility and admissibility.”
I understand Joe won’t be able to sleep at night with the thought of his precious Teresa moving from a luxurious mansion to a “used” filthy 8×10 prison cell but delaying the inevitable won’t make it “go away.”
In conclusion, Joe’s legal defense is using the above requests as tactical maneuvers to buy Joe and Teresa as much freedom as possible before they are convicted and hauled off to prison. It’s highly expected this case will end in a plea deal conviction and won’t go to trial. The feds have a 90% conviction rate through plea agreements. Most of Joe’s requests, while within legal rights are ridiculous and will be the final nail in their coffins. The feds hate to be taunted and mocked. It appears these new motions were filed with the intention to create delay after delay, pushing the trial date further away. However, that won’t derail the inevitable. The feds have a bounty of evidence and there is no way, Teresa and Joe will get off. They BOTH will eventually be convicted and sentenced to many years in prison.