Mayor Eric Adams’ defense team says the Department of Justice has turned over evidence they say could discredit key prosecution witness Rana Abbasova, the longtime Eric Adams staffer who coordinated improper straw donations and luxury travel upgrades, according to the indictment.
Defense Attorney Alex Spiro told NBC New York the evidence disclosed is known as "Brady material" - information favorable to a defendant’s case that prosecutors are constitutionally required to disclose - including evidence that could impeach the credibility of a witness.
Citing a protective order issued by the Judge, members of the Mayor’s team declined to discuss specific details of the evidence, which they indicated was sent to Spiro in an email Friday afternoon by Assistant U.S. Attorney Celia Cohen.
But sources aligned with Mayor Adams said the material would further support the defense argument that Abbasova had initially maintained Mayor Adams was unaware of any crimes and had changed her story more than once.
In the days since Mayor Adams was arraigned September 27 on bribery and fraud charges, Spiro has tried to throw the prosecution on defense. He filed a motion to dismiss the case, alleging improper leaks and accusing the DOJ of ignoring evidence in their possession that Abbasova had repeatedly lied.
On Sunday, after prosecutors had turned over the Brady material evidence, Spiro told NBC New York in a statement:
Get Tri-state area news delivered to your inbox. Sign up for NBC New York's News Headlines newsletter.
“These prosecutors, finally, after much delay and misdirection, have admitted they were hiding Brady material about the key witness in the case that proves Mayor Adams is innocent.”
Local
A spokesman for the US Attorney’s office did not immediately respond to NBC New York's request for comment.
Reached by phone, Rana Abbasova's defense attorney Rachel Maimin declined to comment.
Abbasova was terminated from her role as Director of Protocol in the Mayor’s Office for International Affairs on Monday, according to a source familiar with the matter.
"It's noteworthy that this email exchange took place and that the government was advising Mayor Adams' counsel of exculpatory evidence," said Brad Simon, a criminal defense attorney and former federal prosecutor. But Simon added that such a disclosure is routine, and that to portray it as monumental news seemed like "typical showmanship on behalf of a defense attorney."
The Adams team produced no proof to support Spiro's claim that prosecutors had “admitted they were hiding Brady material".
NBC New York has reviewed a redacted email exchange dated October 4 that omits the substance shared by prosecutors, and shows that defense attorney Alex Spiro responded, saying “Celia - Thank you. Is that the only Brady information in law enforcement’s possession as to this witness?”
Several legal experts consulted by NBC New York said that for the Mayor’s lawyer to suggest prosecutors were hiding evidence is probably not a winning legal strategy, since prosecutors disclosed this evidence relatively quickly - one week after the Mayor was charged.
“Prosecutors are required to turn over exculpatory evidence in a timely manner,” said Professor Rebecca Roiphe, a former ADA in Manhattan who teaches professional ethics at New York Law School. “The timing of disclosure in this case seems perfectly appropriate and there is no reason to think that prosecutors were hiding anything.”
MSNBC Legal Correspondent Lisa Rubin explained that prosecutors typically wait until the court enters a protective order that puts limits on who can see — and disclose – those materials.
"Especially since the judge signed the protective order the day before prosecutors apparently provided the materials, the defense’s complaint that prosecutors were hiding the ball isn’t likely to succeed in court,” Rubin said.
that it would have been impossible to turn over discovery materials any sooner, as federal prosecutors typically wait until the court enters a protective order that puts limits on who can see -- and disclose – those materials.
"Especially since the judge signed that order last Friday, the defense’s complaint that prosecutors were hiding the ball isn’t likely to succeed in court,” Rubin said.
Early in the investigation, City Hall said it was the Adams administration that had flagged wrongdoing by Abbasova to law enforcement after becoming aware she was asking co-workers to delete communications.
Abbasova, a longtime aide to Adams who most recently served as the City’s director of Protocol For International Affairs, has not been charged with any crimes and is a cooperating witness, according to sources familiar. Those sources say Abbasova is the person referred to as “the Mayor’s staffer” in the 57-page indictment, which states that for years she helped arrange illegal foreign “straw” donations to the Adams campaign as well as luxury travel upgrades and discounts for Adams, family members and associates.
Some legal experts say Spiro’s argument that prosecutors wanted to conceal any Abbasova credibility issues is undermined by the indictment itself.
It alleges Abbasova “agreed to speak with FBI agents and falsely denied the criminal conduct of herself and Adams” before going to the bathroom and deleting encrypted apps used to communicate with Adams.
Prosecutors suggest Abbasova lied when she said the Mayor was unaware of wrongdoing. Spiro insists Abbasova's “main lie” is that Eric Adams was aware.
“In almost all cases, there will be evidence that is helpful to the defendant, “ Professor Roiphe said. “But the mere fact that a cooperating witness initially lied to investigators is not all that damaging to the prosecution because jurors understand that some witnesses have to be convinced to tell the truth.”
