NEW YORK (AP) — The May bribery trial of U.S. Sen. Bob Menendez should be postponed until July or August after it was learned that the New Jersey Democrat's wife, a co-defendant, has a serious medical issue, prosecutors said Wednesday.
In a letter to the trial judge, prosecutors said delaying the May 6 trial to a date this summer was a better prospect than separate trials requested by Nadine Menendez's lawyers.
On Tuesday, her lawyers notified the court that a newly diagnosed and serious medical condition that requires surgery in the next six weeks prevented her from working with her lawyers in the short term. They requested that she be tried separately at a later date.
They wrote that she was diagnosed with a medical condition requiring “a surgical procedure," along with “possibly significant follow-up and recovery treatment.”
Details of her medical condition were not revealed in court papers.
Menendez, his wife and two businessmen have pleaded not guilty to charges that they participated in a bribery scheme in which prosecutors say cash and gold bars were given to the couple in return for favors that the senator would carry out.
In their letter, prosecutors said they currently did not believe it would be right to sever the trial of Nadine Menendez from the other defendants because of the “serious inefficiencies and unfairness” that would result if defendants who are charged with committing crimes together were tried separately.
Prosecutors noted that separate trials would force the recall of dozens of witnesses, including at least one government official stationed abroad, and many lay witnesses who live outside New York and have expressed a concern about testifying.
But they said they realize “the presumption against severance may be overcome by particular circumstances, including, where appropriate, the public interest in moving a case expeditiously to trial. A time may come when that interest sufficiently militates in favor of severance in this case.”
The trial judge has scheduled a conference in the case for Thursday.
FILE - Democratic U.S. Sen. Bob Menendez of New Jersey, left, and his wife, Nadine Menendez, arrive at the federal courthouse in New York, Sept. 27, 2023. The May 2024 bribery trial of New Jersey Sen. Bob Menendez should be postponed until July or August after it was learned that his wife, a codefendant, has a serious medical issue, prosecutors said Wednesday, April 10, 2024. (AP Photo/Jeenah Moon, File)
PHOENIX (AP) — Democratic Arizona Gov. Katie Hobbs has relegated a Civil War-era ban on most abortions to the past by signing a repeal bill Thursday.
Hobbs says the move is just the beginning of a fight to protect reproductive health care in Arizona. But the repeal may not take effect until 90 days after the end of the legislative session, in June or July. Abortion rights advocates hope a court will step in to prevent that outcome.
The effort to repeal the long-dormant law, which bans all abortions except those done to save a patient’s life, won final legislative approval Wednesday in a 16-14 vote of the Senate, as two GOP lawmakers joined with Democrats.
Hobbs denounced “a ban that was passed by 27 men before Arizona was even a state, at a time when America was at war about the right to own slaves."
“This ban needs to be repealed, I said it in 2022 when Roe was overturned, and I said it again and again as governor,” Hobbs said.
The vote extended for hours as senators described their motivations in personal, emotional and even biblical terms — including graphic descriptions of abortion procedures and amplified audio recordings of a fetal heartbeat, along with warnings against the dangers of “legislating religious beliefs.”
At the same time Wednesday, supporters of a South Dakota abortion rights initiative submitted far more signatures than required to make the ballot this fall, while in Florida a ban took effect against most abortions after six weeks of pregnancy, before many people even know they are pregnant.
Democratic Arizona Attorney General Kris Mayes, an opponent of the near-total abortion ban, has said the earliest the dormant abortion-ban law could be enforced is June 27, though she has asked the state’s highest court to block enforcement until sometime in late July. But the anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court’s decision becomes final, which hasn’t yet occurred.
The near-total ban provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the law first approved in 1864, which carries a sentence of two to five years in prison for anyone who assists in an abortion.
A repeal means that a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law.
Arizona Rep. Stephanie Stahl Hamilton, a Democrat who has been key in the fight to repeal the territorial abortion ban, said she spent her early years on the Navajo Nation where her parents were schoolteachers and saw firsthand people being denied their reproductive rights.
She also watched her sister-in-law struggle with two difficult pregnancies that resulted in stillbirths.
“My daughter, who is 17 years old, should this law go in effect would have less reproductive freedoms than her great-grandmother in 1940 and Texas, who had to have an abortion,” Stahl Hamilton said. “We have people who need reproductive care now.”
President Joe Biden’s campaign team believes anger over the fall of Roe v. Wade gives them a political advantage in battleground states like Arizona, while the issue has divided Republican leaders.
Abortion-ban advocates in the Senate on Wednesday gallery jeered and interrupted state Republican state Sen. Shawnna Bolick as she explained her vote in favor of repeal, joining with Democrats. Bolick is married to state Supreme Court Justice Clint Bolick, who voted in April to allow a 1864 law on abortion to be enforced again. He confronts a retention election in November.
The 19th century law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.
After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts.
Planned Parenthood Arizona filed a motion Wednesday afternoon that asks the state Supreme Court to prevent a pause in abortion services until the Legislature’s repeal takes effect.
Advocates are collecting signatures for a ballot measure allowing abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions — to save the parent’s life, or to protect her physical or mental health.
Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.
Dr. Ronald Yunis, a Phoenix-based obstetrician-gynecologist who also provides abortions, called the repeal a positive development for patients who might otherwise leave Arizona for medical care.
“This is good for ensuring that women won’t have to travel to other states just to get the health care they need,” Yunis said. “I was not too concerned because I have a lot of confidence in our governor and attorney general. I’m certain they will continue finding ways to protect women.”
FILE - The Arizona Senate building at the state Capitol stands, April 11, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)
FILE - Pro-life demonstrators walk in the front of the Arizona Capitol prior to the vote on the proposed repeal of the state's near-total ban on abortions prior to winning approval from the state House on, April 24, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)
Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Anti-abortion supporters stand outside the Capitol, Wednesday, May 1, 2024, in Phoenix. (AP Photo/Matt York)
Democratic Arizona state senator Anna Hernandez, D-District 24, left, hugs a colleague after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)
Arizona state senator Jake Hoffman, R-District 15, speaks Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)
Democratic Arizona state senators hug after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Eva Burch, D-District 9, looks on, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator J. D. Mesnard, R-District 13, plays audio of a heart beat from his cell phone, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Jake Hoffman, R-District 15, motions as he speaks to the Senate President, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
