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Defense Rests In DiMasi Trial

BOSTON — Testimony wrapped up Wednesday in the federal corruption trial of former Massachusetts House Speaker Salvatore DiMasi and two associates.

Testimony ended with a FBI agent, who was asked about former co-defendant Joseph Lally, who took a plea deal and cooperated with the prosecution.

“He was asked what Lally was heard to have said in the corridor after he testified,” said WBUR’s David Boeri, from court. “He said Lally was heard to say, ‘Game, set, match,’ indicating he was bragging as to what he did.”

Following the FBI agent’s testimony — just the defense’s third witness — defense attorneys rested, arguing prosecutors have failed to make their case.

DiMasi, Richard McDonough and Richard Vitale are accused of accepting kickbacks in exchange for steering state contracts toward the Cognos software company.

Meanwhile, a legal skirmish has erupted over what instructions U.S. District Court Judge Mark Wolf should give to the jury.

DiMasi’s defense attorneys say that the government is attempting to make a “180-degree turn” and should be required to prove that DiMasi directly caused payments to be made to him and others in exchange for official acts.

Closing arguments are expected Friday, with jurors likely to get the case Monday.

“Judge Wolf is going to spend all of [Thursday] and perhaps beyond that to draft the instructions to the jurors involving honest services theft,” Boeri said. “It’s a complicated law, it’s a dense law. He’s going to have to instruct the jurors and it’s going to be critical to the fates of the three defendants.”

With reporting from WBUR’s David Boeri and The Associated Press

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