Krovatin: Coniglio was a goodwill ambassador while Codey wielded real clout

NEWARK – Now it’s Defense Counsel Gerald Krovatin’s turn, and when he stands before the jury he questions the vagueness and imprecision of the government’s case against his client, former state Sen. Joseph Coniglio (D-Paramus).

Targeting the grand scheme theory leveled by the state against his client, “No disrespect to Joe Coniglio, but he’s no George Clooney,” says Krovatin, a reference to the movie actor’s role as a cunning thief in Ocean’s Eleven. 

Emphasizing "intent," the attorney's counter argument hinges on Coniglio's belief throughout that he wasn't doing anything wrong - a conviction confirmed by the testimony of at least one of Coniglio's key contacts at Hackensack University Medical Center, Krovatin says. 

“This whole notion about concealment is nonsense," the attorney says of his ex-legislator-plumber client. “It’s a manufactured argument. Not one witness told you that they thought for one minute that they were doing anything wrong. …The argument that this was a grand scheme is nonsense. You have seen and heard all of the witnesses and all of the evidence in the case.”

The prosecution has charged a scheme in this case, says the defense attorney. The scheme is called an honest services, mail-fraud scheme. 

“Judge (Dennis) Cavanaugh will tell you, as it is alleged in their indictment, their contentions, their allegations, not proof – they have alledged this scheme comes in two parts: bribery and failure to disclose. Let’s take them one by one.”

The proscution’s star witness, Hackensack University Medical Center vice president Robert Torre, sat on the witness stand and told the jury he did not do anything unlawful, Krovatin reminds the jury.  

The government says Coniglio received his consulting fees for working a part time job in exchange his official acts, but Krovatin calls Coniglio a goodwill ambassador and later a construction consultant for the hospital who believed he was working within the scope of the law.

The prosecution made the case that Coniglio wasn't even from the legislative district where the hospital is located, and Krovatin repeatedly uses the word "regional" to characterize what he says was the senator's intent to serve constituents who rely on the hospital throughout Bergen County.

Krovatin refers to former state Sen. Bernie Kenny’s (D-Hoboken) testimony that Coniglio “didn’t have the juice” to obtain the grants for the hospital, suggesting that state Senate President Ricahrd Codey (D-West Orange), and to a lesser extent, state Sen. Paul Sarlo (D-Paramus) and lobbyist Harold Hodes, exerted the real influence.

“Joe Coniglio didn’t get any of these grants,” Krovatin says.

Torre talked to Sarlo and Codey "the decision-makers in the budgetary process" when he became concerned about not receiving his grant money, the defense attorney reminds the jury - not his so-called "go-to guy" Coniglio.

Krovatin maintains Coniglio took no official action on behalf of Hackensack University Medical Center. 

He didn’t do any substantive legislative work on behalf of the hospital that would come close to the legal definition of what constitutes official action. 

“He didn’t obtain any state grant money for Hackensack,” Krovatin argues.

Going to his other argument that Coniglio never attempted to conceal his work for the hospital, the defense attorney refers to Bergen-Record reporter Jeff Pilletts's courtroom testimony that when he asked Coniglio who he was advising in his work as a consultant, Coniglio told him outright, Hackensack University Medical Center. 

Bottom line from Krovatin: Torre used Coniglio to build a relationship with Codey.

Coniglio had envisioned a part-time job as a goodwill ambassador. Torre wanted him as a grants machine. When Coniglio didn't deliver the grants, and when Torre was satisfied that his relationship with Codey was secure, Torre dumped Coniglio. 

After Coniglio left his job as a consultant, having failed to muster the grant money for Hackensack that Torre had wanted, Codey secured $7.5 million for the hospital in 2006, “when the State of New Jersey was confronting a budget crisis,” Krovatin says.

Krovatin’s finishes his closing argument with an impassioned appeal to the jury.

“He is a good and hard-working man,” the attorney says of his client.” “He deserves the benefit of your reasonable doubt. For two years, it has been my privilege and my honor to represent Joseph Coniglio. I ask you to give him back. ..I ask you to find him not guilty.”

He sits next to Coniglio when he's done, and the jury leaves the room.