Federal prosecutors agreed to remove from a political corruption indictment against former Massachusetts House Speaker Salvatore DiMasi and three associates allegations that DiMasi had a “hidden future interest” in a property management company formed by one of the co-defendants, the U.S. Attorney’s Office said in a filing.
U.S. District Court Judge Mark Wolf warned last month that the allegations involving Genesis Management Group LLC could be “unfairly prejudicial” and even lead to a potential mistrial. Defense attorneys argued that the material should be stricken because it did not relate closely enough to the principal charges, which alleged bid-rigging state software contracts.
Wolf had given prosecutors a Friday deadline to decide whether to remove the material from a superseding indictment filed last fall.
In response, the U.S. Attorney’s Office said in the filing last Thursday that it would “redact the allegations,” removing references to Genesis, but would still seek to have details about Genesis admitted at trial as “relevant and intrinsic” evidence to the case against the four defendants.
Prosecutors had detailed an alleged scheme to use DiMasi’s clout to help win public building management contracts for Genesis, which the government said was formed by co-defendant Richard Vitale — a close friend of the former speaker’s — and two unnamed individuals.
DiMasi’s attorney, Thomas Kiley, said last week that he was pleased by the government’s decision to amend the indictment.
“We fought very hard to remove the Genesis allegations because we thought they had no connection to the crimes that were charged,” said Kiley, who added that lawyers would strongly oppose any attempt to admit the allegations as evidence at trial.
The removal of the allegations from the indictment does not alter the charges lodged against DiMasi, Vitale, Joseph Lally and Richard McDonough, which include conspiracy and mail fraud.
The four were originally indicted last June on charges they conspired to steer two lucrative state contracts to the software company Cognos and conceal money they received from the firm.
The former speaker, who allegedly pocketed $57,000 from the scheme, and the other defendants have pleaded not guilty.
No trial date has been set.
DiMasi, a Democrat who was once among the most powerful political figures in Massachusetts, resigned in January 2009.
Associated Press
