RICHMOND, Va. — While giving instructions to jurors Tuesday morning, a federal judge said he would allow Maureen McDonnell to be found guilty of conspiring with the former CEO of Star Scientific if no conspiracy is found with former Virginia Gov. Bob McDonnell.
The jury in the federal corruption trial of the McDonnells is expected to begin deliberating the couple's fate Tuesday. Judge James Spencer began delivering the instructions to the seven-men and five-women panel Tuesday morning, and the jury's final decision could hinge on those guidelines.
The prosecution finished its closing arguments Friday. The McDonnells are accused of accepting more than $165,000 in gifts and loans from former Star Scientific CEO Jonnie Williams in exchange for promoting his company's product, Anatabloc.
Federal prosecutor David Harbach told a story of bribery, lies and cover-ups, walking the jury through the timeline of the alleged corruption.
"Why did he (Williams) give them, why did they (McDonnells) take them?" Harbach asked, referring to gifts and loans in exchange for official acts, the alleged quid pro quo.
McDonnell's defense team, which also rested its case Friday, has argued that the governor never did anything for Williams or his company that he didn't do for other Virginia businesses.
Williams testified under immunity that he spent freely on the McDonnells only to secure help promoting the anti-inflammatory Anatabloc.
But the instructions could say that McDonnell didn't have to do anything specific for Williams. With those instructions the jury could deem the $177,000 in gifts and loans the McDonnells received from Williams were all bribes, and that the governor sold the prestige of his office to the wealthy businessman.
Depending on the instructions, if the jury sees evidence of a bribe, McDonnell could be convicted for giving Williams the "routine access to government" that he said all Virginia businessmen received.
However the jury may also be told to consider character when making its decision. In that case, it may come down to whoever they believe more. Williams, who admitted to lying to investigators at first, or Bob McDonnell, who was praised by several former staffers on the stand.
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