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Rodrigues Refuses To Testify In Own Trial

Union Leader Will Not Put Up Defense

POSTED: 5:08 p.m. HST November 13, 2002
UPDATED: 5:25 p.m. HST November 13, 2002

Powerful union leader Gary Rodrigues decided Wednesday not to testify in his criminal trial.

He and his daughter decided not to put any defense witnesses on the stand.

Gary Rodrigues United Public Workers leader Rodrigues (pictured, left) and his daughter Robin Sabatini, are placing their fate in the hands of a jury without telling their side.

It's a legal gamble with their freedom at stake, KITV 4 News reported.

In a month-long case, prosecutors produced documents that show Rodrigues designated Sabatini a consultant on union health plans, paying her hundreds of thousands of dollars in fees.

An ex-girlfriend said Rodrigues use the same scheme to pay a debt to her father.

"Even if Robin had a consultant agreement with the union plans, and even if she was paid, there was nothing wrong with it. There is nothing illegal about it," Rodrigues attorney Doron Weinberg said.

Prosecutors also produced an insurance executive who said he paid Rodrigues over a hundred thousand in cash kickbacks in return for union business.

"Giving or receiving a gift in connection with business is not a crime. There couldn't have been a crime even if the witness was telling the truth, which he wasn't," Weinberg said.

Rodrigues' lawyer is so confident, he didn't put on any witnesses and both Rodrigues and Sabatini said they will not testify.

There is another good reason to avoid testifying in a federal criminal trial, KITV 4 News reported. If the judge decides you lied to cover up your crime, you could get more time in prison. However, Rodrigues' lawyer said that has nothing to do with his decision to rest their case.

"We are absolutely convinced that the government hasn't proven a single criminal act by Gary or by Robin," Weinberg said.

Judge David Ezra reminded the jury that they shouldn't assume putting on no defense is an admission of guilt and scheduled closing arguments for Thursday.

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