Ex-Spring Valley mayor wants non-jury trial

Former Spring Valley Mayor Noramie Jasmin thinks she has a better shot at beating the federal corruption charges against her by leaving it up to a judge — and skipping the jury.

Jasmin, 51, is asking U.S. District Judge Kenneth Karas to presided over a non-jury trial when she is tried on federal mail fraud and other charges, according to papers filed Monday in federal court in White Plains.

"I understand that a jury of twelve would be required to vote unanimously to convict upon any charge contained in the indictment," Jasmin said in a signed affidavit. "However, I believe that factual issues in this case and resolution of contested testimony which will likely be adduced at trial would be better understood and determined by this court."

Jasmin was charged as part of a wider corruption sweep in April 1, 2013.

She was charged with attempting to sell off her political clout for a stake in a real estate development deal. She agreed to push the village to award the project to developer Moses "Mark" Stern in exchange for a 50 percent share of the development. Stern was cooperating with the FBI.

The Journal News reported Friday that Jasmin also asked Stern to use his clout to "bury" 60 absentee ballots in the 2011 village election to ensure her "preferred" candidates would win, prosecutors claim in court papers. While Jasmin was never charged with election fraud prosecutors want to use it as evidence at her trial.

The former mayor, a Democrat, wants that to be a "bench" trial, or a trial decided by the judge.

Defendants in federal, state and local courts are allowed to waive a jury trial and have the case be heard by a judge. In federal court it requires three parties —the defendant, the prosecution and the judge — to sign off.

Jasmin's attorney, Benjamin Ostrer, said in his letter to Karas that the U.S. Attorney's Office has already agreed.

"This application has been reviewed with the government and I have been informed by (Assistant U.S. Attorney) Doug Bloom that the government consents to this request," Ostrer wrote to the judge.

Jasmin's former deputy mayor, Joseph Desmaret, was also charged with being part of the bribery scheme. Desmaret pleaded guilty Jan. 29, 2014 and admitted accepting $10,500 in bribes. He faces up to 9 years in prison.

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