WNYT.com

McDonough not likely to testify in second voter fraud trial

Posted at: 12/12/2012 4:21 PM
Updated at: 12/12/2012 6:31 PM
By: John McLoughlin

TROY - The second voter fraud trial of Election Commissioner Edward McDonough about to come to a conclusion and NewsChannel 13 has learned that, despite some rumors at the start of the trial, there's very little chance that McDonough will take the stand in his own defense.

Sources at the courthouse tell NewsChannel13 that McDonough and his attorney have decided that, unlike his former co-defendant, Michael Loporto, McDonough will not take the stand. In fact, the defense will offer no witnesses at all.

If McDonough were to testify, it would open him up to some very tough cross-examination by Trey Smith, the prosecutor.

McDonough’s attorney will not confirm their decision.

Wednesday was day two of testimony by State Police Investigator John Ogden.

Day two of some very heated exchanges between Ogden and the defense attorney, who is trying to convince the jury that McDonough was chosen as the fall guy by police and prosecutor.

McDonough’s first trial ended in a mistrial back in March, when the jury failed to reach a verdict in the alleged scheme by Democrats to steal the working families party primary by forging absentee ballots.

Besides splitting up the defendants, the prosecutor said he tried to make the case more easily understood this time for jurors.

McDonough is facing sever al years in prison, should he be convicted on any of the 73 felony charges against him.