After several trial delays, Rep. Fossella (R-NY) had his court date today in Virginia for his DWI arrest on May 1.
The trial opened with Fossella lawyer asking for the case to be dismissed because of a lack of probable cause to arrest Fossella. The defense has been trying to claim several of the sobriety tests given to Fossella have been faulty.
The arresting officer took the stand. Not much new information was revealed.
Fossella took the stand in his own defense. He claimed he was nervous when pulled over for running a red light, which lead to his failure of numerous sobriety tests.
Josh Hahn the owner of Logan Circle Bar states Fossella was not intoxicated when he saw him in the bar.
Josh Hahn, the owner of the bar where Fossella allegedly got drunk after dinner, testified that the defendant appeared to be sober when he saw him. Hahn also denied reports that Fossella fell through a table at his establishment.
It was reported that Fossella was thrown out of this bar and is the last public appearance of Fossella prior to this arrest.
Both sides have gone through closing arguments and the judge is now deciding Fossella's fate.
The trial was expected to end today. If found guilty under Virginia law Fossella could serve up to five days in jail.
For a timeline of events see VinoFossella.com
Fossella's seat is one of the most likely seats to flip. Mike McMahon is the Democratic nominee. He currently holds $470,000 cash on hand to his opponents $2,000.
SSP: Likely Dem
CQ: Dem Favored
Cook: Likely Dem
Rothenberg: Dem Favored
I will update as news comes in.
UPDATE: a commenter on silive.com says NY1 is reporting he has been found guilty.
UPDATE 2: Fossella has been convicted and will serve a 5 day jail sentence;
"The court finds the commonwealth has met its burden of proof and finds the defendant guilty," said Chief Judge Becky Moore in announcing her verdict.
UPDATE 3: Now that the court has ruled, the House may now move forward with Ethics investigations. There is still time to remove this man from office instead of letting him serve out the remainder of his term.