Did deal with dirty developers doom corruption cases?

Broward bribery cases go down in flames

FORT LAUDERDALE, Fla. – Assistant State Attorney Catherine Maus tried to convince a jury that suspended Tamarac Mayor Beth Talabisco was guilty of bribery and accepting unlawful compensation from dirty developers Bruce and Shawn Chait, but the jury fund her not guilty Wednesday after just two hours of deliberating.

It was just another defeat for the State Attorney's Office in its massive corruption case involving the dirty father-and-son developers Bruce and Shawn Chait, who admitted paying bribes to several politicians.

After then-Broward County Commissioner Josephus Eggelletion was caught by the feds accepting $25,000 in cash and a golf membership at the Parkland Golf and Country Club, Broward prosecutors took over the case, charging former school board member Stephanie Kraft, her husband Mitch Kraft, Tamarac commissioners Patricia Atkins-Grad and Marc Sultanoff, and Talabisco with crimes of corruption in connection to the developers.

But after this week's not guilty verdict, the office got only one conviction out it – that of Stephanie Kraft, who was found guilty of one count.

And even that was a bitter victory for prosecutors after Judge Matthew Destry, who came under political pressure from Kraft's backers, sentenced Kraft to probation after she spent only a single week in jail.

The most confounding verdict came in the Atkins-Grad trial, which seemed a slam dunk for the state.

Atkins-Grad admitted accepting a BMW car lease and an election victory party from the Chaits prior to her vote in favor of their controversial project. One strategy used by Grad's attorney Ken Malnik at trial was stressing the criminal nature of the pair of developers that were playing the part of star witnesses for the state.

At each trial, defense lawyers stressed not only the fact that the Chaits were known liars and cheats, but also that the state had given them an incredibly sweet deal –- no jail in exchange for their cooperation.

Talabisco's attorney, Larry Davis, said he believed the outrage factor over such a deal by the state may have helped sway the jury in her case.

"They got off without a day in jail," said Davis. "That greatly diminished their value as witnesses."

Even David Bogenschutz, the well-connected attorney who orchestrated the deal with the Chaits, conceded there were legitimate questions about whether it was a good one for the public.

"Now when you look back on it, you had three or four trials, and a half of a conviction," he said. "Was that a good deal? I think that's always a problem you have when you put somebody on that's cut a deal and is testifying."

Bogenschutz said he did believe it was a good deal for the public in the end because without the Chaits' cooperation, there may not have been any prosecutions at all.

"The state got they wanted out of it," he said. "They got two witnesses, no matter how good or bad you may think they may have been, they got two witnesses that gave them kind of an insight into the dark underbelly of what was going on in this county. And the Chaits got out of having to deal with jail terms. So it was a win-win."

He also said the Chaits gave the State Attorney's Office what it needed to go forward with the cases and send a message.

"The State Attorney's Office made a statement and said we're not putting up with this anymore," said Bogenschutz. "And win or lose, if you're out there, we're coming after you."

Tim Donnelly, who heads the SAO's public corruption unit, has said publicly that the Chaits' cooperation gave his office the impetus to charge the politicians. On Thursday, State Attorney Michael Satz issued a statement saying he was "disappointed" in the Talabisco verdict.

"Whenever we have seen evidence of corruption, we have pursued it, and we will continue to do so," said Satz.

Still, many in and out of the legal community have complained that prosecutors gave away the farm in its deal with the Chaits, even withholding adjudication from the son, Shawn Chait, meaning he isn't even considered a convicted felon.

One thing nobody argues about: Regardless of their effect on jurors and the outcome of these cases, the Chaits got the deal of a lifetime.

"I think they were happy [with the deal] and I think they're happy now," said Bogenschutz. "I'm sure they are glad the trial situation is over, because I think this is the last one they are ever going to testify at. I think the State Attorney has probably worn out whatever help they can give him."

Donnelly did confirm that the years-long corruption investigation into Broward County Commissioner Stacy Ritter has yet to be closed. Part of that investigation a golf cart she accepted as a gift from the Chaits.

As for Talabisco, her attorney said she has not decided whether she will try to get back into politics and on Thursday she did her usual –- yoga. He also stressed that what stood apart in her case was that she accepted nothing personally form the Chaits, only the late-campaign money from the Chaits that was used to smear her competitors in the mayor's race.

"All the other cases the Chaits were involved in they were paying thousands of dollars in cash, buying cars, sending elected officials on cruises," said Davis. "None of that was evident in this case because it didn't happen."

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