The two counts relate to an alleged victim who was scheduled to appear in court but ultimately failed to do so. Defense attorneys are scheduled to begin their case this week.
In court Friday, federal prosecutors said they plan to drop two of the criminal charges against the Alexander brothers, including former high-level brokers Tal Alexander and Oren Alexander, in their sex trafficking trial, in response to concerns about witness intimidation.
“I do not intend to proceed to a jury on counts 6 and 7,” Madison Smyser, an assistant U.S. attorney for the Southern District of New York, told Judge Valerie E. Caproni in court on Friday, the New York Times first reported.
The latest superseding indictment charges Aron, Tal, and Oren with sex trafficking by force, fraud, or coercion in incidents dating back to June 2009.
The alleged victims involved in these incidents (identified as Victim 4 and Victim 5) were allegedly transported from one state to another and forced to perform sex acts. The women were scheduled to appear in court to testify at trial, but did not appear.
Even if Judge Caproni approves dismissing the charges, the brothers would still face 10 charges, including conspiracy to commit sex trafficking and sex trafficking by force, fraud or coercion.
Throughout the trial, the brothers maintained their innocence and denied the charges.
If convicted, he could be sentenced to up to life in prison.
Prosecutors had previously claimed that witnesses had been intimidated before the trial, including one victim who said she had been the subject of a “harassment campaign” in retaliation for her participation in the case.
The woman claimed that after her identity was revealed to the defense, three of her friends were contacted by a man claiming to be an investigator, who began describing her as a “‘willing’ victim.” The alleged victim’s friend was also contacted by a member of the defense team who claimed to be a reporter.
An opinion piece purportedly published by a spokesperson for the Alexanders also attempted to portray the woman’s testimony as inconsistent and unreliable.
According to a letter unsealed in court on Friday, Victim 4 said he no longer wanted to be involved in the case after learning that one of the defense’s investigators was pretending to be an insurance agent, talking to him and asking questions about his children. According to the letter, the woman no longer responded to attempts by her attorney to contact her.
“The government documents speak for themselves,” Evan Torgan, a lawyer for Victim 4, told the NYT. “Her first priority at this time is her children.”
On the two counts recommended for dismissal, the defense also pointed to the brothers’ alibi for the June 2009 night specified in the bill. Defense attorneys said in a letter filed Friday that they had previously notified the government that there was evidence that the brothers were all in New York City on the night of the alleged counting, rather than in the Hamptons as specified in prosecutors’ case.
Meanwhile, defense attorney Jason Goldman said charges are typically dropped when prosecutors don’t have enough evidence to support them or because of other legal issues.
“Prosecutors routinely drop or drop charges when they conclude that the evidence, facts, and legal issues prevent them from meeting their burden of proving a case beyond a reasonable doubt,” Goldman said in a statement to Realtor.com. “The justice system is designed to work exactly that way. Any suggestion or insinuation of anything beyond that is just noise that fuels sensational speculation, even if it is unfounded.”
At the beginning of the trial, Judge Caproni scolded the defense attorneys for their cooperation with private investigators and the way they approached the alleged victims, warning them: “We better not let this happen again.”
The prosecution will likely adjourn its case on Monday, after which the defense will begin arguments.
Email Lillian Dickerson
