As of Tuesday afternoon before the Norwood News went to press, it was still up in the air whether State Senator Efrain Gonzalez’s trial on federal fraud and corruption charges would go forward as scheduled on Oct. 6.

Facing significant prison time and fighting for his political life in an upcoming primary just weeks away, Gonzalez’s lawyers attempted to have his case thrown out on a legal technicality. During pre-trial oral arguments, Gonzalez’s lawyers and those of his three co-defendants — Neil Berger, Lucia Sanchez and Miguel Castanos — attempted to challenge the federal indictment, saying federal prosecutors overstepped their jurisdiction in charging their clients for meddling with state funds.

“By bringing this prosecution against a New York State Senator and charities registered with the State of New York based on member items obtained from the New York State Legislature, the federal government improperly intruded on the primary authority of New York State to define and enforce it laws,” argued the defendants’ lawyers, the New York Sun reported. “The prosecutor’s action destroys any distinction between what is truly national and what is truly local.”

Judge William H. Pauley was supposed to rule by last Friday, Aug. 15, but had yet to make his decision known by Tuesday evening.

Gonzalez is accused of funneling more than $420,000 in state money into his own pockets. The co-defendants stand accused of helping him.

Berger’s lawyers are also seeking to have their client tried separately from Gonzalez and the other co-defendants. Gonzalez’s lawyer, Murray Richman, said they have not decided if Gonzalez would testify on Berger’s behalf if a separate trial is granted.    —Alex Kratz