A judge will not transfer Rep. Jeff Fortenberry’s trial to Nebraska, noting that a fundraiser that was the genesis of the criminal case against the nine-term congressman took place in California.
So shall the trial, U.S. District Judge Stanley Blumenfeld Jr. ruled Monday.
The judge set Fortenberry’s trial to begin March 15 in Los Angeles. Attorneys have guessed it will take about four days.
Fortenberry, of Lincoln, stands accused of three felonies — seeking to conceal the existence of conduit contributions that originated from a Paris-based Nigerian billionaire and two counts of lying to federal agents about the source of those funds. The funds were channeled through a California fundraiser for Fortenberry.
Fortenberry wants a trial quickly, his attorneys say, so he can clear his name before this year’s election. Fortenberry faces a Republican challenger, State Sen. Mike Flood of Norfolk, in the May 10 primary for the 1st Congressional District. The winner of that will take on the Democratic winner, among a field that so far includes State Sen. Patty Pansing-Brooks and Jazari Kual, both of Lincoln.
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Chad Kolton, a spokesman for Fortenberry’s campaign, repeated the defense’s contention that the case was “a setup.”
“It is vital to get this injustice corrected at the earliest possible opportunity and when California suspended jury trials the motion to change venue became necessary to do that. With California courts now reopening, the judge’s ruling is consistent with our top priority to have a jury hear this case and clear Jeff Fortenberry’s name as soon as possible.”
Federal prosecutors suggested that Fortenberry’s attorneys wanted the transfer because they were forum shopping — trying to find a more favorable judge and jurors by moving the case to Nebraska.
On Friday, lead attorney John Littrell took the brunt of Judge Blumenfeld’s incredulousness when he suggested that the judge should keep the case if he was going to dismiss it but transfer the case if he was not.
“Maybe give me a serious answer,” Judge Blumenfeld admonished Littrell.
“That is a serious response,” Littrell said. “I can tell the court is offended by that.”
“I’m not offended; I’m surprised,” Blumenfeld said. “It seems so blatantly self-serving.”
Blumenfeld ruled Monday that moving the trial would not serve the interests of justice. Not only did the alleged crime take place in California, Blumenfeld said he was in a better position to try the case quickly because he has heard all the motions and arguments.
Fortenberry had suggested that it would be easier for witness travel if the trial was in Omaha. But the judge ruled that, weighing everything, the location of the witnesses was a wash.
“Whether trial is held in Los Angeles or Nebraska, a total of 10 witnesses will need to travel,” Blumenfeld wrote. “This assumes, however, that defendant likely will call the six witnesses located outside Los Angeles. But he has not provided sufficient information to allow the court to assess the likelihood” of him calling those witnesses.
A further hearing on pretrial motions is expected later this week.