Feds: Jasmin witness's credibility 'irrelevant'

Federal prosecutors said former Spring Valley Mayor Noramie Jasmin failed to prove that evidence in her corruption case should be thrown out because a cooperating government witness "misdirected the investigation."

In fact, prosecutors said in court papers filed this week, that the credibility of Moses "Mark" Stern, who secretly tape recorded Jasmin on numerous occasions, is "irrelevant" to the evidence they want to use at her upcoming trial.

"Jasmin confuses the issues, arguing that the recordings of the 'other acts' evidence are unreliable because 'it is assumed' that (Stern) misled the government and improperly 'inveigled' Jasmin," Assistant U.S. Attorney Douglas Bloom said in papers filed Tuesday and released Wednesday. "However, (Stern's) motive and credibility are irrelevant to the admissibility of the other acts evidence."

Jasmin, 51, was indicted in April 2013 and charged with trying to use her political clout for payoffs, including a stake in a real estate development deal she allegedly discussed with Stern. Stern began cooperating with the FBI on several corruption probes after he was charged with conspiracy to commit bank fraud in 2010.

To make their case against Jasmin, prosecutors want to introduce evidence that includes tape recordings of the ex-mayor discussing the real estate deal and a plot to "bury" absentee ballots in a 2011 village election.

Jasmin said in court papers she filed Monday that the evidence should not be allowed because "an admittedly cunning Moses Stern crafted an incorrect scenario in the hopes of demonstrating at the earliest states of his activities on the government's behalf that he was capable of producing useful information."

But in the response filed Tuesday, prosecutors said Jasmin missed the point.

"The other acts evidence is offered to show that Jasmin and (Stern's) relationship was one of sufficient trust that Jasmin felt free to discuss illegal activities and to explain how the charged bribery scheme evolved out of their corrupt relationship and months of discussions about other unethical and illegal activities," Bloom said.

"Of course, should the defendant wish to explore the basis for Stern's statements on the tapes, she is free, as the defense did in the last two trials, to call him as a witness. If she wishes to do so, the government will, of course make him available," Bloom added.

Jasmin, whose case was moved from the federal courthouse in White Plains to Manhattan, has requested a non-jury trial in her case.

Spring Valley Deputy Mayor Joseph Desmaret, whom prosecutors said was part of the scheme, was indicted with Jasmin. Desmaret pleaded guilty Jan. 29, 2014 and faces up to 9 years in prison for accepting $10,500 in bribes.

Twitter: @jfitzgibbon