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State Supreme Court Dismisses Perez Motion

By Jeffrey B. Cohen

September 22, 2009

The state Supreme Court has dismissed a motion by attorneys for Mayor Eddie A. Perez to dismiss the charges against him and hold state prosecutors in contempt of court.

The brief order, which has no explanation, is dated Sept. 17 and signed by the court's clerk.

Perez was arrested Sept. 2 on attempted extortion and related charges. It was his second arrest this year -- the first was in January on bribery related charges.

Perez's attorney, Hubert Santos, argued in a motion to the Supreme Court that state prosecutors violated an order to keep some of the final report of the 18-month grand jury investigating Perez sealed. They did so, Santos said, by arresting the mayor and putting the otherwise sealed information in his arrest warrant affidavit.

That conduct "resulted in great and irreparable prejudice" to Perez, Santos said in his motion.

The Supreme Court rejected that argument. Earlier this month, a state court judge did the same.

Meanwhile, state prosecutors have asked Superior Court Judge Julia Dewey to consolidate the two Perez cases. The mayor's attorneys have until Oct. 5 to file their response.