Chief Assistant Prosecutor Jay McCann told Celebuzz the Real Housewives of New Jersey star’s trial set for October 1 — arguing Joe Giudice fraudulently obtained a driver’s license — could be delayed into 2013.
“The chances of it going on that day are slim,” McCann said. “We are going to have to get closer to the day to see if the judge will have time.”
The prosecutor added: “The court tries to give preference to cases for those who are incarcerated first.”
Giudice, 42, rejected a plea deal of five years in prison just last month stemming from his arrest in March 2011 after an investigation involving three law enforcement agencies — the Passaic County Prosecutor, its Financial Crimes Unit and the Montville Township Police Department — uncovered that the reality star allegedly obtained a license using his brother’s ID in June 2010.
At the time, his license had been suspended after a DUI conviction that same year.
McCann said he anticipates Giudice will take the stand in his own defense between October 2012 and June 2013 – but it shouldn’t take long for the prosecutors to make their case.
“It’s not going to be a very long case to try,” he said. “It should only take about two weeks. The fact pattern is not complex.
“I think we have a strong case with strong evidence.”
Although witness lists have yet to be submitted, McCann added Giudice’s brother is a potential witness for the state. Giudice’s reality star wife, 40, is a different story.
“The state is limited on using a spouse at trial, but (Giudice’s) defense attorney could put her on the stand,” he said.
If convicted, Giudice faces 10 years in prison.