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Halloran may plead insane in upcoming trial

By Sarina Trangle

Former Bayside Councilman Daniel Halloran’s attorneys contend his benign brain tumor may not have been so harmless.

About a week before Halloran’s federal corruption trial was scheduled to begin, his lawyers filed a motion unsuccessfully requesting that Judge Kenneth Karas delay the June 2 trial date so the court had time to inform the jury of anticipated insanity and entrapment defenses.

The motion noted that the Republican underwent surgery to remove a brain tumor in May 2012 and that lawyers were expected to argue that this rendered him unable to “appreciate the nature and quality or the wrongfulness of his acts.”

The TimesLedger reported in late May 2012 that Halloran returned from the hospital earlier than expected and joked about the removal of the benign tumor, saying “They attribute it to whiskey and my thick Irish skull.”

An attorney for Halloran declined to comment.

Herb Hadad, a spokesman for U.S. Attorney Preet Bharara of the Southern District, said Karas dismissed the motion.

Jury selection is slated to begin Monday in the trial of Halloran, state Sen. Malcolm Smith (D-Hollis) and former vice chairman of the Queens Republican Party Vince Tabone, according to Hadad.

The Queens trio were arrested in April 2013 in what Bharara described as a widespread plot orchestrated by Smith to buy his way onto the Republican line in a failed mayoral bid.

Prosecutors allege Smith funneled $500,000 in state transportation funding to a sham real estate project in exchange for recipients financing his suspected bribes.

Then City Councilman Halloran allegedly acted as Smith’s deal broker and accepted roughly $60,000 in kickbacks, prosecutors said.

As a registered Democrat, Smith needed at least three county GOP leaders to sign a certificate authorizing him to run as a Republican.

Tabone was charged with accepting $25,000 to help Smith get on the ballot as a Republican, prosecutors said.

Both Smith and Tabone also fell short in attempts to delay the trial by arguing that proceedings during this year’s elections could result in prejudicial publicity and influence results.

Reach reporter Sarina Trangle at 718-260-4546 or by e-mail at strangle@cnglocal.com.