Prosecutors tell appeals court: Jasiel Correia deserves no more prison reporting delays
Jo C. GoodeBOSTON — It’s time for former Fall River mayor Jasiel Correia II to do the time, U.S. prosecutors argued — again.
U.S. Attorney Rachael S. Rollins, through U.S. Assistant Attorney Mark Quinlivan, filed a 40-page opposition motion to the U.S. First Circuit Court of Appeals on Friday, a week before Correia is to self-report to a Berlin, New Hampshire, federal prison to begin serving his six-year sentence.
On Monday, Correia’s attorneys asked the appellate court to overturn federal District Court Judge Douglas Woodlock’s decision denying Correia bail pending his appeal. They are asking the appeals court to allow the 30-year-old to stay out of prison pending his appeal on government corruption and fraud charges.
Prosecutors argued there is no “substantial question” of law that gives him a reason for release.
“Correia should report to prison as ordered on April 22, 2022,” reads the motion.
What will happen?A judge told Jasiel Correia to report to prison. Will the appeals court let him stay free?
Was there ‘prejudicial spillover’?
Correia's appeal claims that the charges of extortion and government corruption should have been tried separately from the fraud charges involving his now-defunct smartphone app company SnoOwl, and alleges there was "prejudicial spillover" — that evidence from one set of charges influenced the jury's decision on different charges.
But as presented in the court filing, there had been several pre-trial debates between Correia’s defense attorney, Kevin Reddington, and the judge with U.S. Assistant Attorneys Zachary Hafer and David Tobin regarding separating the two cases into two trials. In his decision to deny Correia bail pending his appeal, Woodlock noted that Correia wanted the charges heard in a single trial.
'A new trial is necessary':Jasiel Correia's attorneys have filed his appeal. Here's what it says
Correia’s co-defendant and former chief of staff, Gen Andrade, sought and was granted a severance of her own case from Correia's. She later took what turned out to be an unsuccessful plea deal. Andrade recently agreed to a second plea deal where she pleaded guilty to one count of lying to federal investigators and received one year of probation.
But it could be that Correia's attentive demeanor during the four-week trial may work against his assertion that he should have been given two separate trials, according to attorney and legal analyst Steven Sabra.
"Woodlock, a couple of different times, talked about how engaged Correia was in his defense and involved in his defense. So in that instance the government could say he didn't object to trying the two cases together," said Sabra.
Woodlock explains himself:What has Jasiel Correia's judge been thinking? Woodlock offers opinion on prison delays
What's happened so far
In May 2021, after two arrests, two indictments and a tumultuous second term in office, a jury found Correia guilty on 21 of 24 counts of lying on his income taxes, defrauding investors in his now-defunct company SnoOwl, and extorting potential marijuana vendors in exchange for coveted letters of non-opposition.
Woodlock threw out 10 of the wire fraud and tax fraud convictions during Correia’s sentencing last September, on grounds that prosecutors provided insufficient evidence for a conviction.
After originally ordering Correia to report to prison Dec. 3, Woodlock granted Correia seven delays. Initially, Correia was allowed to delay his sentence to help his in-laws run their restaurant and function hall, the Towne House, during the holiday season. Additional delays were granted due to the COVID pandemic and parallel delays due to Correia's tardiness in filing his initial appeal brief.
If the appellate court rejects the government’s opposition and grants Correia a stay pending the appeal, court experts say it could take months before a decision is reached.
Jo C. Goode may be reached at jgoode@heraldnews.com. Support local journalism and subscribe to The Herald News today!