PHILADELPHIA (KYW Newsradio) — A federal judge is considering whether to dismiss bribery, conspiracy and fraud charges against Philadelphia City Councilmember Bobby Henon and union leader John Dougherty.
Defense attorneys argued in court Monday that the prosecution has failed to prove its case.
Attorney Terence Grugan, who represents Dougherty, told the judge that this is the first case in the history of federal law to claim a salary that a defendant had been receiving for years — before the actions cited in the indictment — was, in fact, a bribe.
And, he asserted, that is because the law states that you cannot bribe someone with something that is already theirs.
Grugan called the government's case a "bait and switch."
Henon's lawyer, Brian McMonagle, added that a bribery case must show that a benefit was paid with the explicit intention of getting a favor, and received with the intention of granting a favor in exchange. If the government can't prove the agreement, he said, "the case is over."
Prosecutors argued that a reasonable juror could infer that there's an agreement, based on the evidence, and therefore, the case should go to the jury to decide.
Dougherty would not go so far as to say he was confident about the outcome, but he said he was pleased with the arguments.
"I think Brian McMonagle wrapped it up all in one line," he said Monday afternoon. "I think our legal team did a really good job. I think the lawyers did a really good job today."
The judge said he'll make a ruling when court convenes at 1 p.m. Tuesday.
