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Daniel M. Van Pelt's attorney said Wednesday that the former Assemblyman and Ocean Township mayor would not agree to a plea bargain in his federal corruption trial based on the current evidence against him.
Toms River attorney Robert R. Fuggi said he thinks the U.S. Attorney's Office lacks information in its prosecution against Van Pelt "of such magnitude and such significance" to alter its case against him.
"I've been able to evaluate the government's evidence," Fuggi said, "and I think there are significant issues that the government did not investigate before they charged our client."
He would not elaborate on those issues.
A spokesman with the U.S. Attorney's Office did not return a call for comment Wednesday.
Federal prosecutors and attorneys for Van Pelt have agreed to postpone the trial three times since he was arrested in July for allegedly accepting a $10,000 bribe from an FBI witness in exchange for his help in securing permits for a construction project, with the most recent extension putting it off until mid-December.
Van Pelt had the right to be tried 30 days after his arrest July 23, but it has been delayed in order for the defendants to review the evidence, the prosecution to gather evidence and the two parties to negotiate a possible plea agreement.
U.S. Magistrate Judge Madeline Cox Arleo last week ordered the latest continuance, which delays the trial until Dec. 11, at which point another extension could be granted, a plea could be agreed to or a trial could be set.
The FBI made several video and audio recordings of Van Pelt meeting with the witness, who posed as a developer and allegedly bribed Van Pelt to use his influence to streamline the environmental permit process for a construction project in Ocean Township.
Van Pelt resigned eight days after his arrest, saying, "At this point in time, although I would like to respond to the government's allegations, I have been advised that I cannot take any question related to the facts and circumstances surrounding the charges against me and eagerly await my day in court."
Contact Lee Procida:
609-457-8707
Posted in OCEAN | BREAKING on Wednesday, November 18, 2009 8:40 pm
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