Jury seated in Sharpe James trial

Prosecutors and defense attorneys have agreed to a jury for the corruption trial of former Newark mayor and state senator Sharpe James.

On Thursday, James’ attorneys sought to suppress evidence related to his conduct as a state senator. Prosecutors planned to present taped statements James made in support of a 2004 Senate bill.

The peculiar bill was to function as a legislative fiat overruling a judicial decision against James. New Jersey Superior Court ruled in 1989, in Council of the City of Newark v. James, that under Newark’s mayor-council government, the council and not the mayor has the power to chose what municipal land to sell and the terms of the sale. The bill would change the law to say the council could only approve land sales presented by the mayor.

The bill passed with some modifications and became law in July 2004. The version of the bill approved by General Assembly and signed by the governor limited the effect of the law to municipalities with populations over 265,000. Newark is the only city of this size in New Jersey, with a population of about 280,000.

Prosecutors allege that James urged passage of Senate Bill 967 so he could increase his power to illegally benefit himself and political associates and that the tapes will help them prove this motivation, according to a brief filed Thursday by Alan Zegas, one of James' lawyers.

Attorneys for James argue that he was acting properly in his capacity as a senator and should enjoy immunity for those actions.

(The version of the bill James sponsored in the Senate can be seen here; the law that was passed can be seen here.)

Federal investigators subpoenaed the Statehouse last year for records on the bill. According to this Star-Ledger report from the time, James told fellow Democrats he would block the state budget if his bill was not passed.

—Douglas Carlucci