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By Jonathan Stempel
NEW YORK (Reuters) - Former New Jersey Senator Robert Menendez asked on Wednesday that his recent corruption conviction be thrown out and a new trial ordered, after prosecutors admitted that his jury was allowed to review improper evidence during deliberations.
Menendez made his request after prosecutors admitted in a Nov. 13 filing that jurors reviewed nine pieces of evidence containing material that should have been redacted, but that the mistake did not justify setting aside the verdict.
A spokesman for U.S. Attorney Damian Williams in Manhattan, whose office prosecuted Menendez, declined to comment.
In a filing in Manhattan federal court, Menendez's lawyers said the unredacted material contained the only evidence tying him to the government's central accusation, that he accepted bribes in exchange for shepherding military aid to Egypt.
Menendez, a Democrat, had been chairman of the Senate Foreign Relations Committee prior to being charged.
The material "exposed the jury to a theory of criminality that the government was barred from presenting under the (U.S. Constitution's) Speech or Debate Clause - namely, that Senator Menendez made specific decisions with respect to military sales to Egypt in exchange for bribes," Menendez's lawyers wrote.
"In light of this serious breach, a new trial is unavoidable," they added.
Prosecutors had also contended that defense lawyers waived their right to object because they reviewed the exhibits before jury deliberations began, and also missed the error.
Menendez's lawyers called that alleged attempt to shift blame "factually and legally outrageous," saying they had only a few hours to review a laptop with nearly 3,000 exhibits.
Two of Menendez's co-defendants, businessmen Fred Daibes and Wael Hana, also asked on Wednesday that their convictions be thrown out and a new trial granted, citing improper evidence.
Menendez, 70, was convicted on July 16 on all 16 counts he faced, after being accused of accepting gold, cash, a Mercedes-Benz and other rewards in exchange for political favors.
U.S. District Judge Sidney Stein is scheduled to sentence Menendez, Daibes and Hana on Jan. 29, 2025.
A trial of Menendez's wife Nadine Menendez on related charges was postponed because she underwent treatment for breast cancer. It could begin early next year.
Menendez resigned from the U.S. Senate after 18-1/2 years in August. New Jersey voters elected Democrat Andy Kim on Nov. 5 to replace him.
(Reporting by Jonathan Stempel in New York; Editing by Marguerita Choy)
