The government summed up its case with a three and a half hour closing Tuesday. After defense closing statements and a government rebuttal, jurors will begin their deliberations.
By Jenna Pizzi and Alex Zdan
TRENTON - Following a three and a half hour closing argument by the prosecution Tuesday in the case against Trenton Mayor Tony Mack and his brother Ralphiel, the defense attorneys representing the brothers will have a chance to sum up their cases today.
Mark Davis, attorney for the mayor, will go first, followed by Robert Haney, Ralphiel Mack's lawyer. The government will have an opportunity to offer a rebuttal, but depending on the length of the arguments the case could be under deliberation by the jury by this afternoon.
Mack and his brother were arrested by the FBI on Sept. 10, 2012 following a two-year investigation. The government has said they were involved in a scheme to solicit cash bribes from developers in exchange for the mayor's official influence for a proposed downtown parking garage. The mayor allegedly insulated himself with buffers: campaign supporter Joseph "JoJo" Giorgianni, former city water meter reader Charles Hall III, and Ralphiel Mack.
The purported developers - former attorney Lemuel Blackburn and North Jersey developer Harry Seymour - were working for the FBI as cooperating witnesses. They recorded meetings with hidden cameras and recorded phone calls, many of which were played during the month-long trial along with extensive wiretaps.
Davis and Haney have argued that Mack and his brother knew nothing of the cash being passed behind what, on its face, could have been a legitimate public project.
5:15 p.m.: The jury is now deliberating USA v. Tony Mack and Ralphiel Mack.
Four of the 16 jurors were randomly designated as alternates. They will stay in the waiting room while the remaining 12 deliberate. Their verdict, whether guilty or not guilty, must be unanimous, Shipp said.
5:05 p.m.: "Ladies and gentlemen of the jury, there you have it," Judge Michael A. Shipp said.
Both sides have presented their cases and the matter is now in the jury's hands, he said.
"At this time, we have traveled with you legally as far as we can," Shipp said.
Shipp is reading through the form jurors will use to judge Tony Mack and Ralphiel Mack guilty or not guilty.
5:01 p.m.: Skahill directly addressed the jurors and pointed out the defendants while completing his rebuttal statement.
"You didn't take bribes," Skahill said to the jurors. "You didn't sell out your office."
"That's what Tony Mack did," Skahill said, pointing at the mayor. "That's what Ralphiel Mack did."
He urged the jury to find both Mack and his brother guilty.
"It's not because the government says they're guilty," Skahill said. "It's because the evidence says they're guilty."
4:55 p.m.: Rebutting Haney's theory that Hall and Giorgianni created the corruption scheme turning to hand over Tony Mack in exchange for a lesser sentence for the drug charges, Skahill said it doesn't make any sense.
"This is a pretty wild argument," Skahill said.
If Giorgianni and Hall were worried that they were caught dealing drugs because their phones were tapped, Skahill asked why they would have made up an elaborate corruption scheme.
"Do you create this new federal crime or do you just get a new phone?" Skahill asked.
'You actually come in an plead guilty to the charges that you are making up," Skahill said.
Skahill said if Hall and Giorgianni knew their phones were tapped why would they continue to discuss drug deals and use code words when talking about the corruption case?
4:48 p.m.: Skahill said Mack set up a structure around him to keep money out of his hands in case this very situation occurred.
"He was good at it," Skahill said. "Two layers of bag men."
Skahill said Mack told people that he didn't meet with people, but instead sent surrogates.
"Tony Mack is the mayor of the capital city," Skahill said. "You don't meet with people? You don't meet with people in City Hall? You have to go to Atlantic City and meet with them when other mayors are around? This is your job."
4:42 p.m.: If the witnesses in this case have all lied, as the defense has argued, Skahill said, wouldn't they have come up with a better story?
Skahill said if they were lying on the witness stand, they must have also been lying in the intercepted phone calls that they made before they knew about the FBI investigation.
"We didn't choose these witnesses to come in here and testify," Skahill said. "These are who Tony Mack talked to. If you want to know what Tony Mack was doing in 2010 to 2012-- these are the people that you talk to."
4:39 p.m.: Skahill said although Davis in his closing said that Mack wanted to put the property out to bid, that decision only came after Charlie Hall "broke protocol" by bringing cash bribes to Mack.
"Then everything changes," Skahill said.
"The next day Carmen Melendez is meeting at Tony Mack's house for the first time and they are discussing putting this property out to bid," Skahill said.
4:29 p.m.: In talking about the relationship between Mack and Giorgianni, Skahill Giorgianni had the access to Mack he told the developers he did. He said that is apparent when Giorgianni calls Mack on May 29, 2012 in the morning and Mack drops everything to come to his Ewing home.
"That is the level of access that Mr. Giorgianni has," Skahill said.
"They were partners in politics, they were partners in running Trenton government and they were partners in crime," Skahill said.
4:21 p.m.: Skahill said throughout their arguments Davis and Haney spent a lot of time talking about how Giorgianni couldn't be trusted and was a criminal.
"He is a criminal," Skahill said. "He is Tony Mack's criminal."
"This is who Tony Mack used throughout this whole case," he said.
Skahill pointed to the more than 400 phone calls between the Mack and Giorgianni during the two year investigation.
"This is his guy," Skahill said. "You heard Mr. Giorgianni's voice every day in this trial, but you heard it because he was Tony Mack's man."
"That's not who the FBI picked its who Tony Mack picked," Skahill said.
4:17 p.m.: Ralphiel Mack's defense that the money that was found in his house was a loan from Giorgianni, Skahill said is not supported by evidence.
Haney, in his closing arguments, said that the government was improper for asking Mack's friend Terry Birchenough why he didn't come forward sooner to tell someone that Mack had asked him for a loan.
"You should ask yourself that question," Skahill said. "It is a criminal trial. He's known about it for a while."
"This is his best friend and all of a sudden Mr. Birchenough has come out of the woodwork," Skahill said.
"All this testimony shows is that Ralphiel Mack had a motive," Skahill said. "He needed money."
4:08 p.m.: Rebutting Haney's argument that Ralphiel Mack knew nothing about the scheme, Haney is reading transcripts of conversations where Ralphiel Mack is mentioned or he is arranging to meet with the younger brother.
On Dec. 1, 2011 Giorgianni calls Tony Mack and says "How bout that other thing with Ralphiel," Skahill said.
"And he clarifies,'that thing with the parking lot,'" Skahill said.
"It is clear that since 2011 Ralphiel Mack played a role in this scheme," Skahill said.
4:01 p.m.: Now discussing the validity of Manfredo's testimony, Skahill said the defense has attacked Manfredo, but it will be up to the jurors to determine how much of her testimony they believe.
"It is not fair for an attorney to come in here and personally criticize the witness," Skahill said.
In his closing, Davis showed the jurors phone records that show that at the time when Manfredo testified she, Mack and Giorgianni were inside the steakhouse and when she witnessed Giorgianni hand Mack cash. However Skahill said the phone records clock and the pole camera clock were not perfectly synched.
Skahill said according to the phone records, there is a brief period amidst those records where Mack is not on the phone.
3:52 p.m.: Skahill said there is a pattern in this case. Every time Giorgianni has a meeting about the project, Giorgianni calls Mack to check in.
"He is keeping Tony Mack aware fo the project that Tony Mack has him working on," Skahill said.
If the project was such a good development for the city of Trenton, as Davis and Haney have pointed out in their arguments, why would Mack say he did not want any pictures at the meeting in Atlantic City with Seymour, Giorgianni and Hall, Skahill said.
"Wouldn't the mayor want to be seen with the developer?" Skahill said.
3:47 p.m.: Rebutting the defense argument that Giorgianni and Hall kept the corrupt parts of the project from Mack, Skahill said there is evidence Mack acknowledge the corrupt payments.
Skahill said on Oct 27, 2011 when Blackburn drops off two envelopes to Giorgianni of cash and Giorgianni tells Blackburn he will give mack the code word.
"And what happened as soon as that meeting ended?" Skahill said. "A text message from Mr. Giorgianni to Tony Mack."
Skahill is going through the transcripts, pointing out incidents where, Skahill says, Mack acknowledges Giorgianni's code words or attempts to discuss the project. Skahill is projecting Mack's quotes from the transcripts in large print on the screen for the jury.
3:41 p.m.: Assistant U.S. Attorney Matthew Skahill respond to the arguments made by Davis and Haney in his rebuttal argument before the case can go to the jury.
Skahill said he was listening to Davis and Moran and said the key question for the jury is if Tony and Ralphiel Mack participated in the conspiracy.
"Were they part of this corrupt parking lot project?" Skahill asked. "or was this whole thing, for months, just swirling around them."
"Was all of this just swirling around and they didn't know about it?" Skahill said. "And that is the question that you need to ask."
3:30 p.m.: Haney wraps up his closing argument with a plea to the jury to exonerate Ralphiel Mack.
"Ralph was not involved in any way with the May 29 letter," Haney said.
"Ralph is not responsible for any of the wire fraud or mail fraud charges associated with the May 29 letter," he said.
Haney summoned the jury's patriotism in saying that the government's attempt to shift the burden of proof from the prosecution to the defense was a Constitutional abomination.
"This case is so weak as to be an affront to every American citizen," Haney said.
3:20 p.m.: "You don’t have to be as gullible as the FBI," Haney told the jurors. "You don’t have an agenda that has to coincide with JoJo, Manfredo and Hall."
In a June 28, 2012 conversation, Haney alleged Hall and Giorgianni made coded, hinted arrangements to sell their story implicating Mayor Mack to the FBI.
"Because it's exactly what the government wanted to hear, it worked," Haney said.
His contempt for Giorgianni and Hall shining through, Haney dismissed the the two men and Manfredo as devious manipulators.
"These are not ordinary citizens, these are not ordinary, honest people," he said.
2:45 p.m.: Haney again showed video from Dec. 23, 2011 when Hall was using a device supplied to him by Giorgianni to sweep for bugs in the club house, a building Giorgianni owns next to JoJo's Steak House. Hall said in his testimony that Giorgianni suspected the building had electronic surveillance devices there planted by the FBI.
"They knew what they did in the club house," Haney said. "Who came there, who might be overheard."
"It's telling that after this they didn’t use the club house, and there's no evidence they tried to use the club house to transfer money to Tony and Ralph Mack," Haney said.
Haney also replayed a wiretapped phone conversation where a woman called Hall and said she was worried about federal investigators tapping his phone. Hall was uninterested, Haney said, because he knew he and Giorgianni could sell out the mayor when the time came.
"They're grifters, they're low-lifes," Haney said. "They figured they could use this to their advantage."
The FBI made a mistake allowing Giorgianni to be the interlocutor of the sting and place himself between the cooperating witnesses and Mack, allowing him to scam both, Haney said.
"They gave JoJo the platform and he took it for a ride," Haney said.
Even with the May 29, 2012 purchase offer letter, which Haney reminded the jury Ralphiel Mack was not involved in, the government left room for doubt, Haney said. The letter authored by the FBI and passed to Giorgianni through Seymour did not include a signature block for the mayor, Haney said.
"And the FBI created a sting in which Tony was not necessary," Haney said. "Oops."
2:18 p.m.: As he did in his opening statement, Haney is attempting to separate the bribe payments from the supposed parking garage construction.
"This seemed like a pretty good project," Haney said.
"Even Carmen (Melendez) believed the platform was real and would benefit the city," Haney added.
Giorgianni's claim to be influential in Mack's administration were false, and were lies for the benefit of the cooperating witnesses in the case.
"JoJo's not a person anybody wants to be seen with," Haney said.
"Eventually, JoJo had to realize he had no influence with Tony," Haney said. "And so he kept the money."
He attacked the credibility of Manfredo and the government's other cooperating witnesses, along with the evidence coming from Giorgianni on wiretaps and recordings.
"Look at every incriminating statement and ask who's saying it and why," Haney said.
"The whole thing depended on believing JoJo," Haney said. "JoJo. Really."
1:58 p.m.: "Ralph Mack's been dragged into this case because he's the brother of the mayor of the city of Trenton," Haney said.
"He's been cruelly inserted into the sting by the government along with their allies JoJo, Manfredo and Hall."
"And they're not nice people," Haney said of the three.
Haney suggested that Ralphiel Mack was brought into the case to fill in a blank when the government could not explain how cash could get to the mayor.
"Prosecuting an innocent person because he's the brother of the main target would be a disgrace," Haney said.
"The government needs to prove that Ralph knew he was a bagman, not just that he acted as a bagman," Haney added.
Haney took on the only physical proof against his client - the $2,500 found inside his home on July 18, 2012 by the FBI. Ralphiel Mack is a school guidance counselor who is not paid during the summer months, and in July of 2012 needed money to pay his mortgage.
"That’s a reasonable doubt," Haney said. "You should stop right there."
"The government can't prove the money was intended for Tony because Ralph needed it," Haney said. "And he still had it on July 18."
"A reasonable explanation, a reasonable doubt," Haney said.
1:35 p.m.: Haney says the pauses and changes of subject on the phone wiretap when potential criminal activity is discussed do not mean Tony and Ralphiel Mack are guilty.
"Ladies and gentlemen of the jury, that can never constitute proof beyond a reasonable doubt," Haney said.
Reading from a prepared statement, gripping the podium, Haney attacked the FBI for devising the parking garage to build a criminal investigation around.
"They created this sting opportunity, by choice, two months after Tony Mack acquired office," Haney said.
Having devised a bribe scheme, the government then turned the sting over to Giorgianni, Haney said. Though Giorgianni did not testify, the government pointed to wiretaps where Giorgianni was prominently featured throughout the trial.
"All they had, all they ever had was JoJo and his mouth," Haney said. "That's it. Don’t believe a word you’ve heard from jojo in this trial."
"Disregard JoJo," he added.
The $2,500 in Ralphiel Mack's house was acquired "legitimately," through a loan, Haney said.
"It was for himself, it was not for Tony, it was not a bribe," Haney said.
Haney asked the jury to think about what it would mean if all the "uhs," "ums," and changes of subject on the phone wiretaps were not code.
"They are innocent," he said of the phrases and sounds. "And so is my client."
1:27 p.m.: Thanking jurors on behalf of his client and himself "from the bottom of" his heart, Davis ends his closing statement. Haney steps to the podium and begins his close.
1:25 p.m.: Davis said this scheme "is the Charlie and JoJo show," saying they were perpetuating the payments and furthering the project to keep collecting the money.
"There is only one possible verdict here, not guilty, not guilty, on each and every count," Davis said.
1:11 p.m.: On June 28, 2012, when Melendez called Mack to discuss city projects, Davis said Melendez and Mack were discussing other projects and he told her to come to his house.
"They were not talking about the parking garage project," Davis said. "Tony got frusterated and wanted to interface."
Davis said it was only once she was at Mack's house that she brought up the parking garage. He said Melenez told Mack that the Seymour Builders, the developer, had not responded to the letter and Mack told her to put it out to bid.
"Does that sound like someone who is in cahoots with JoJo and Charlie?" Davis asked. "Does that sound like a co-conspirator?"
Davis said to put the property out to bid would go against Giorgianni's plan to name Seymour the developer and Mack's decision shows he was not in on Giorgianni's plan.
"There is no commitment whatsoever to Seymour Builders and that is your proof," Davis said. "There is zero commitment."
1:17 p.m.: Davis presents a graph with dates, uncle remus and visit to the steak shop to disprove the government's pattern.
Davis said that on only one occasion there was a payment, an uncle remus message and a visit to the steak shop, the rest of the dates do not fit the pattern.
"The pattern," Davis said. "There is no pattern."
1:03 p.m.: Davis said after the June 21, 2012 call from Charlie Hall where he says uncle remus, no one reacted or went to the steak house to get the money.
"There is no action," Davis said.
So a few days later the government sends Hall, wired with recording devices, went to meet Mack to give him the cash.
"Everything Charlie said about that day is unbelievable," Davis said.
Davis said Hall's testimony was in consistent as to what exactly happened or what Mack said and none of the recording devices worked.
12:57 p.m.: Davis said the offer letter didn't need to be approved by Mack, because it was non binding.
"On its face this was a lawful, legal letter," Davis said. "This was not a binding, legal letter. This was not something that had to be run up the flagpole. Tony Mack didn't have to see this letter."
12:53 p.m.: On May 29, 2012, the day that Mack allegedly gave the OK for the sale price of the property.
"There is a lot of confusion about that day," Davis said. "The events are unclear."
He said the government did not prove that Mack reviewed the letter or that it was mailed.
12:43 p.m.: Back from lunch, Davis begins discussing the assessment letter Melendez sent to Seymour determining the price of the property.
Davis said although Melendez said the assessed value is what she was going off of to set the price, but $100,000 was the most the city had received for a city owned property.
He said if the city recieved $100,000 for the property it would be a "record breaking sale."
12:10 p.m.: Although Davis is not finished his closings, Judge Shipp has allowed the jurors to break for a half hour for lunch.
12:05 p.m.: Davis said Ralphiel Mack was in Atlantic City the night of the meeting. Davis said the government says Giorgianni didn't give the mayor's brother any cash on that night, but waiting until five days later to give him cash at the steak house.
"That's why he's even sitting here, because he's the bagman," Davis said, pointing to the younger Mack in the courtroom. "You got his bagman in Atlantic City. Give him the money."
"That doesn't add up," Davis said.
11:58 a.m.: Davis said at the face-to-face meeting in Atlantic City between Mack, Seymour, Giorgianni and Hall that the government had "set the stage" and failed.
"This was supposed to be a pretty important moment for them," Davis said. "But it failed.
"It failed because Tony Mack is not involved in the side deal," Davis said. "Tony Mack is not taking money."
11:38 a.m.: Davis tells the jury he is going to explain why the government is wrong for saying Giorgianni passed money to Mack on April 17, 2012.
"This is when the government said they showed me the money," Davis said.
He said when Manfredo testified, she said Giorgianni asked her to be a witness.
"What is so special about this payment," Davis asked. "Why does he need a witness for this payment ... if it really happened. It is just ridiculous ladies and gentlemen."
Davis goes on to say that Manfredo testified that the money was a "knot" of cash and he put it in his suit pants pocket. Davis said, stepping to the left of the podium, he can't even put his wallet in his suit pants pocket without it being visible.
In the kitchen of the steakhouse, when Manfredo said she saw Giorgianni pulls out an envelope of bribe money.
"She immediately recognizes that envelope," Davis said. "She said it was the bribe payment."
"She couldn't recognize it when I showed it to her," Davis said.
"And then my favorite part, before he goes outside, they embraced," Davis said. "She was sure to say it a couple times -- they embraced."
Davis said Manfredo told the jury that in the back of that kitchen Giorgianni had Mack's undivided attention. Manfredo's testified that Mack was in the kitchen from about 1:28 p.m. to 1:31 p.m., Davis said.
Pulling out Mack's phone records, Davis shows that Mack place three calls from that number between 1:28 p.m. and 1:31 p.m.
"That is why Mary is a liar," Davis said.
11:20 a.m.: Davis said that Giorgianni didn't represent Mack in the deal.
"If JoJo really represented Tony in this side deal, one of two things would have happened," Davis said. "One-- Neither JoJo or Charlie Hall would have never assured anyone that Tony Mack would have sold a property for a dollar. Or the property would have sold for a dollar."
Davis said Melendez told the jury that there was no way Mack would sell a property for a dollar, because he had come under fire for selling a property at that price previously. Davis said if Giorgianni or Hall had talked to Mack -- they would not have told the developers the property would be sold for a dollar.
"This is not co-conspirtors working together," Davis said.
"They are not co-conspirators -- they are clashing," he said.
11:05 a.m.: In a meeting between Giorgianni and Blackburn that the government did not play on their direct examination of FBI Supervisory Special Agent Mike Doyle, Davis said it is so telling that Giorgianni was working on his own behalf.
In the recording, Blackburn asks if Giorgianni wants the money in one envelope or two. Giorgianni says that one is fine.
"You only need one envelope if you are only paying one person," Davis said.
Also in the recording, Blackburn asks how much Giogianni wants "up front." Giorgianni tells Blackburn to tell the developers to use their own judgement.
"Without even thinking to confer or speak with his alleged co-conspirator, he says 'I don't know tell them to use your judgement,'" Davis said.
"Ladies and Gentlemen that is JoJo, that is JoJo acting on JoJo's behalf," Davis said.
10:47 a.m.: Giorgianni lied to Blackburn telling him that Mack was happy with the project, just to keep the cash flowing for himself, Davis said.
"He tells the government exactly what they need to hear just to line his pockets and move his side deal forward," Davis said.
Davis said Mack can know about the parking garage project without knowing about "JoJo's corrupt side deal."
Davis said Blackburn, who Davis describes as Mack's enemy, is the last person Mack would do any business with.
"He doesn't trust him," Davis said.
"That doesn't make any sense," Davis said. "That is ridiculous. Plain and simple."
10:38 a.m.: Davis said it was Giorgianni who invited himself down to Atlantic City where Mack was attending a conference. And, Davis said, it was Giorgianni who brought up bringing "uncle remus."
Davis said he has disproven the government's theory that even the brochure information bout the parking garage project was given to Mack by Giorgianni during their meeting in Atlantic City.
Davis told the jury not to believe the things they have heard from the FBI witnesses who claim the papers were passed to Mack, but rather asked them to believe what was seen on the surveillance footage. Davis said the surveillance video the papers brought down to the meeting by Giorgianni do not appear to the the same as those in Mack's hands after the meeting.
10:26 a.m.: In October 2011, the government and Blackburn are upset by the inaction, so they put money into the mix, Davis said.
"The government is baiting JoJo," Davis said.
After the money is delivered, JoJo sends a text message with the words uncle remus to Mack, Davis said.
"What did Tony do?" Davis asked. "The government wants you believe that Tony knew. The government wants you to believe that's the signal. What did Tony do? What did Ralphiel do? He didn't do anything."
Davis said, just like Manfredo said on the stand, sometimes Girogianni just talks and she just ignores him.
"Why should anyone else be any different?" Davis said.
"He just talks," Davis said.
10:15 a.m.: Davis, fired up and pacing the floor like a caged tiger, said despite all the promises Giorgianni made to the government's cooperators like Lem Blackburn, Mack wasn't involved and never met with Blackburn. He said Blackburn made several attempts to reach out to Mack and have Giorgianni set up a meeting, but it never happened.
"No results ladies and gentlemen," Davis said. "No results, no results, no results. The government showed you nothing."
10:05 a.m.: Davis is tearing into the cooperating witnesses that the government presented in the case.
"They have nothing to lose and they have everything to gain by telling you what the government wants them to say," Davis said. "That's why they are here -- to help themselves."
Davis said Charlie Hall lied to the FBI, so if the government doesn't believe him why should the jury.
He said Mary Manfredo has been telling lies to the government every day since she first told she was questioned and told the FBI she had never seen Giorgianni give Mack money.
"Sixteen months and she decides now is a good time?" Davis asked.
"Mary wants and is desperately trying to avoid prison," he said.
Davis said Manfredo is trying to give the government evidence against Mack in return for leniency on her sentence in a separate drug distribution ring.
He said the government never called Giorgianni to the stand.
"We've got nothing but recordings of JoJo," Davis said. "Don't you wonder why? This is their key witness. He is the protagonist."
Davis said although the government will tell you that the defense was able to call Giorgianni to the stand, but he said it is not the defense's burden to disprove the government's theory.
9:45 a.m.: Davis has begun his closing statement, referencing the star school athletic career both he and his client the mayor share.
"Ladies and gentlemen, I've been an athlete my entire life, and what i learned really early on in that experience is that you can never be too impressed, you can ever put too much stock in someone's highlight reel," Davis said.
Davis is referencing the wiretaps and recordings, the most seemingly damning of which the government played on Tuesday.
"It's designed to take moments in time out of context and string them together and it gives you a slanted, jaded perception," he said.
"Anybody can look good in a highlight reel," Davis added.
He criticized the government's case and said the prosecution has not proven its case beyond a reasonable doubt.
"They are throwing theories at the wall and seeing which one sticks," Davis said. "This is a criminal prosecution, not choose your own adventure."
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