Assistant U.S. Attorney Eric S. O’Malley, the prosecutor, also asked the court to preclude any mention of penalty resulting from a conviction in this case.
O’Malley said “punishment is not for the jury to decide, and it is not a proper matter for their consideration in rendering a verdict.”
O’Malley also moved for the court to preclude expert evidence not relevant to guilt.
Reksid has informed the court that he will present expert evidence, adding that because of his “age, education, language, culture and other factors, he was particularly susceptible to fraud schemes.”
This affected Reksid’s “intent to defraud other individuals as a result of [his] involvement in such schemes,” the defense said.
O’Malley said the U.S. government has requested, but has not yet received, a summary of the intended testimony. ”Whether [Reksid] was himself a particularly vulnerable victim in no way bears on his ability or intent to victimize others,” the prosecutor added.
Even if Reksid “completely believed the scheme which ultimately gave rise to the current charges, whether owing to his particular vulnerabilities or otherwise, the only arguably relevant issue is whether he was capable of distinguishing between the truth and a lie,” O’Malley said.
Reksid “does not assert that the proposed expert can provide evidence on this issue. Furthermore, [Reksid] is, at this point, too vague about what evidence the expert would provide for the government to formulate an adequate response,” O’Malley told the court.
For these reasons, O’Malley said “the government moves that [Reksid] be barred from introducing the evidence described, or from arguing, insinuating or asking questions designed to suggest that the defendant’s particular vulnerabilities to fraud schemes are a defense to the crimes charged.”
The federal court vacated Reksid’s jury trial this month. Both parties have informed the court to reschedule the trial for September.
Reksid was earlier arrested for bribery charge.
The federal government filed a superseding indictment on March 18, 2011, charging Reksid with seven counts of wire fraud and one count of bribery concerning a program receiving federal funds which he denied.
According to the superseding indictment, Reksid received a bribe of $3,000 from the owner and president of a business engaged in a series of transactions with DPL which were funded by EPA Brownfields grants on or about Feb. 12, 2009.
During this period, the indictment added, Reksid also borrowed money from friends, associates and family members that accumulated to $300,000 and wired them to unidentified persons he met on the internet, based in Ivory Coast and Lagos, Nigeria.
Reksid managed to obtain the loans through false pretenses that he had substantial sums in a bank account in New York, which he never had, and that he needed to pay some attorney fees to “unlock” it, the indictment stated.
