U.S. District Judge James R. Spencer also denied the McDonnells’ motions for separate trials. The ruling means a joint trial will go forward July 28, as scheduled.
The rulings, delivered just one day after lengthy presentations in federal court in Richmond, were not necessarily a surprise to legal observers. But trying the former governor and his wife together will have a significant impact on defense strategy.
“Whether married or not, the prosecution has an easier path to conviction where a jury might impugn one co-defendant with the acts of the other,” said Charles E. “Chuck” James Jr., a former federal prosecutor and chief deputy Virginia attorney general who is now a partner at Williams Mullen.
“This is a particularly powerful tool where a conspiracy is charged and the reasonably foreseeable acts of each defendant is attributed to all co-defendants,” he added.
“The government clearly benefits by imputing criminal intent to Mr. McDonnell, based on the more salacious allegations against the first lady.”
McDonnell and his wife face a 14-count indictment stemming, in part, from more than $165,000 in gifts, loans and payments they accepted from Jonnie R. Williams Sr., then-CEO of Henrico County-based Star Scientific, a former tobacco company-turned dietary supplement purveyor. The McDonnells have pleaded not guilty to all charges.
