Bob Menendez jury shown improper evidence by mistake, prosecutors say

The jury that found former Sen. Bob Menendez (D-N.J.) guilty of corruption was accidentally shown improper evidence, though the mistake should not imperil his conviction, federal prosecutors said Wednesday.

Menendez resigned from the Senate in August after he was convicted on all 16 counts he faced, including bribery and acting as a foreign agent. He has maintained his innocence and vowed to appeal.

The government now says that nine exhibits shown to jurors during deliberations displayed material that should have been redacted, after the laptop they used to view evidence was inadvertently loaded with alternative versions.

Assistant U.S. Attorney Paul Monteleoni wrote in a court filing that neither prosecutors nor defense lawyers noticed the mistake and that the unredacted content likely did not impact the jurors’ verdict.

In fact, Monteleoni said it’s “extraordinarily unlikely” jurors even “became aware” of the incorrect exhibit versions while deliberating, making it “inappropriate” to conduct a new trial over the error.

“In sum, no action is required due to all parties’ inadvertent oversight,” Monteleoni said.

In a statement to The Hill, Menendez said prosecutors “basically admitted” to manipulating evidence shown to jurors and claimed the error proved they “cannot be trusted.”

“What else have the prosecutors done to deceive and manipulate the jury? What consequences will they face for their misconduct?” Menendez asked.

“While the prosecutors’ wild allegations and fear-mongering were enough to scare the jury into reaching the wrong verdict at trial, I still fully expect to be vindicated on appeal,” he added. “Until that day comes, today’s news is conclusive proof that these prosecutors will do and have done anything to win, including breaking the rules.”

Menendez’s sentencing is set for Jan. 29.

Once chair of the powerful Senate Foreign Relations Committee, the New Jersey Democrat now stares down decades in prison after jurors determined he engaged in widespread corruption, from accepting luxurious bribes in exchange for his political clout to acting as a foreign agent of Egypt.

Updated on Nov. 15 at 9:10 a.m. EST