Bronx State Senator Efrain Gonzalez’s federal trial for corruption and fraud charges has been postponed until late April 2008 at the earliest, according to the U.S. Attorney’s Office for the Southern District of New York, which is prosecuting the case.
The embattled senator’s pre-trial motions deadline was already postponed once this year, from March to November, as Gonzalez’s lawyer, Murray Richman, said he needed more time to sift through the mountain of evidence against his client.
Gonzalez, who has represented a large portion of the west Bronx (33rd District) since 1989, was supposed to be back in court on Nov. 16 for oral arguments relating to any pre-trial motions, but that date was pushed back to Feb. 29, 2008. Government prosecutors are then supposed to provide any evidence exhibits, a precursor to the trial, by April 14. The trial would then presumably start soon afterward.
Whenever the trial reconvenes, Gonzalez will be joined by co-defendants Neil Berger, Miguel Castanos and Lucia Sanchez.
All four defendants have been implicated in a broad conspiracy to bilk more than $400,000 in state funds for their own personal use. Gonzalez faces nine charges himself.
The postponements may be partially explained by a Sept. 14 letter from federal prosecutors to Judge William H. Pauley III, who is presiding over the case, requesting pre-trial motions deadline be pushed from mid-September to mid-October and any oral arguments from Oct. 26 to Nov. 2.
Prosecutors said they needed more time to conclude plea discussions with the defendants and also because Berger’s lawyer, Herald Fahringer, was dealing with a medical emergency within his immediate family.
Pauley agreed to push back the motion dates a month. But now, for some reason, that date has been postponed to Feb. 29.
Gonzalez is up for re-election next fall. A year ago, despite the indictment, Gonzalez easily won re-election.
The Board of Elections has yet to determine the 2008 local elections calendar. If Gonzalez resigns or is convicted before the general election (and after the deadline for entering the race has passed) and there are no Democratic challengers for the primary, the Bronx County Democratic Committee can choose a candidate for the Democratic line in the general election without a primary. Gonzalez was originally indicted on mail fraud charges last September. Three months later, federal prosecutors piled on additional more serious charges.
Richman, who is handling all of Gonzalez’s trial-related press inquiries, was out of town and could not be reached for comment.

