Summit County Councilwoman Tamela Lee has a new trial date in her federal bribery case.
Lee’s trial, delayed three times, is now scheduled for Nov. 29.
U.S. District Court Judge Christopher Boyko set the latest trial date at the request of federal prosecutors. Prosecutors pointed out that the trial — which was scheduled to begin Aug. 22 — was delayed May 31 to await a decision in an unrelated U.S. Supreme Court case that also involves bribery. The Supreme Court made its decision in www.supremecourt.gov/opinions/15pdf/15-474_ljgm.pdf">McDonnell V. United States on June 27.
“It is now in the best interest of the public to move forward with the proceedings,” assistant U.S. attorneys Antoinette Bacon and Linda Barr wrote in their request for a new trial date for Lee.
Federal authorities accuse Lee, 57, of Akron, of accepting small amounts of cash and goods in exchange for using her political influence to help a local family. She has denied any wrongdoing.
She hasn’t appeared at any council meetings since a judge barred her from having contact with county employees.
Timothy Ivey, Lee’s attorney from the public defender’s office, requested the stay in May, saying the McDonnell case would help define what is meant by an “official act” by a politician under the Hobbs Act, the federal bribery statute. He said the decision would “define the scope of the statutes she [Lee] is accused of violating.”
The McDonnell case involves the conviction of former Virginia Gov. Bob McDonnell and his wife, Maureen McDonnell, for accepting $175,000 in loans, gifts and other benefits from a Virginia businessman while McDonnell was governor. The Supreme Court vacated the former governor’s convictions, saying the jury instructions in his trial on what constitutes an “official act” were “erroneous.”
“The government’s expansive interpretation of ‘official act’ would raise significant constitutional concerns,” Chief Justice John Roberts Jr. wrote in the decision.
Roberts attempted to further define “official act,” saying setting a meeting, hosting an event or calling another official isn’t enough.
“Something more is required,” Roberts wrote. “The public official must make a decision or take an action on the question or matter, or agree to do so.”
The Supreme Court returned Bob McDonnell’s case to an appeals court to decide if there is sufficient evidence against him with the narrowed definition of “official act” given by the high court. Prosecutors then will decide if they should move forward with a new trial.
The implications of the McDonnell decision on Lee’s case aren’t yet clear, though attorneys have said the McDonnell decision could make it harder for the government to prosecute corruption cases, according to a recent New York Times article.
Ivey couldn’t be reached for comment, but he filed a motion to dismiss the case against Lee on Tuesday. In the motion, he argued the allegations against Lee are “fatally insufficient” to convict her. He relied on the McDonnell case to support his arguments.
“Ms. Lee was never in a position to either exert pressure or provide advice to any of the officials she made contact with,” he wrote, “nor does the indictment allege otherwise.”
Whether Lee’s case could be further delayed remains to be seen. In setting the latest trial date, Boyko said any requests for continuances must be filed in writing. He said he won’t accept a plea deal submitted later than one day before the trial date, which would be Nov. 28.
Lee lost her District 5 council seat in a three-way Democratic primary in March to Assistant Akron Prosecutor David Hamilton. She came in third place, behind Hamilton and former Akron Councilman DeAndre Forney.
Hamilton will face Republican John Sans of Akron in the Nov. 8 general election.
District 5 covers Copley Township and Fairlawn and parts of Akron and Bath Township.
Reporter Nick Glunt contributed to this report. Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.