Queens state Sen. Malcolm Smith wants to present a surprise witness to prove his innocence at his upcoming corruption trial — convicted ex-Queens Sen. Shirley Huntley, stunning new court papers filed Friday reveal.
Smith, who is claiming he was framed by the government, wants two secret conversations that Huntley recorded with him submitted as evidence to bolster his defense.
“These recorded conversations demonstrate that Smith had no predisposition to engage in any criminal conduct,” Smith attorney Gerald Shargel said.
“On these recordings, Huntley proposes various unlawful acts in which she hoped to ensnare Smith. Each time, Smith rejected her criminal overtures,” Shargel added.
From the Daily News:
Embattled state Sen. Malcolm Smith says there’s nothing wrong with having politicians on the “payroll.”
In papers filed in Manhattan Federal Court on Friday, Smith said there was nothing unusual or criminal about his comments, caught on an FBI wiretap, that he helped himself get to a leadership position in 2008 by spreading cash around to his Democratic colleagues.
The feds shouldn’t be allowed to use that against him because it’s not illegal, Smith’s papers say.