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No new trial for woman in marriage scam
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Posted on Dec 17 2008
The court denied on Tuesday the motion for a new trial and acquittal of judgment filed by a woman involved in a marriage conspiracy case.
In his 14-page order, Associate Judge David A. Wiseman also denied Maria Aurelia Ray’s motion in June this year seeking for a judgment of acquittal.
The court said it found sufficient evidence to prove that Ray knew the illegality of the marriages.
Ray was convicted on May 23, 2008, of arranging an illegal marriage last year between two couples in exchange for payments and immigration benefits.
Ray was charged with three other defendants—Minto Minto, MD. Saiful Islam and Munnaf Miah in the marriage scam case.
Records also showed that Ray and the other defendants unlawfully agreed to arrange marriages between Islam and Alisilynn Mallens, and between Miah and Severene Kosam for the purpose of obtaining labor and immigration benefits in March 2007.
It would be recalled that on Oct. 15, 2008, Ray filed a supplemental motion to move for a new trial on the grounds of newly discovered evidence.
She reasoned out that defense witness Hilario Angui admitted to lying during his testimony about multiple matters and argued that there is a possibility that she would have been cleared of the case since the government’s case rested on the testimony of the witness.
The government said the newly discovered evidence is immaterial to the issue.
The motion was heard on Dec. 2 where attorney Joseph Horrey appeared on behalf of the defendant while assistant attorney general Kathleen Busenkell represented the government.
Wiseman in his order said that he cannot grant a new trial because the defense witness is now prepared to testify truthfully. He said that granting or denying a motion for a new trial is the discretion of the trial court and that a new trail might be granted “if the interests of justice so requires.”
Ray, according to Wiseman, admitted having introduced the couples and discussed payments in exchange for her acquaintances to marry the friends of her husband from Bangladesh.
The court also said Ray knew that additional money would be paid for green cards for her co-defendants.
