“Real Housewives of Salt Lake City” star Jen Shah requested a judge Monday to throw out the criminal costs she faces in an alleged telemarketing scheme — claiming her “dry” contact lenses led her to involuntarily waive her Miranda rights.
In new court docket papers filed Monday in Manhattan federal court docket, the fact TV persona accuses legislation enforcement officers of “trickery,” whereas slamming a “bare-bones” indictment and a “flawed theory of criminality.”
Shah, 47, was arrested in March for allegedly ripping off tons of of victims within the rip-off she carried out with co-conspirators, that spanned six states and netted her $5 million in crime proceeds.
In an affidavit, she claimed that she signed a doc waiving her Miranda rights — however solely because “my contact lenses, which were in my eyes, were dry, and I did not have my reading glasses, so my vision was blurry and I was unable to read the paper in front of me.”
Her legal professionals declare she signed the paper “as a direct result of law enforcement deception and trickery calculated to overpower her will,” the court docket papers say.
Shah’s legal professionals additionally argue that there are “multiple flaws in the theory of this case [and] the investigation,” the court docket papers say.
In an affidavit, Shah explains she was “confused” when she was arrested on March 30 believing that it may need to do with a 2017 New York case through which she was a sufferer of theft and assault and had an order of safety towards the perpetrator.
“I was at this point very confused and emotionally off-balance from the strange series of events, and thought I might have been the victim of a false identification,” Shah’s affidavit says.
And when she requested if she was underneath arrested after she was cuffed, the officer informed her “I promise we just want to talk to you,” the court docket paperwork declare.
She additionally claims that she “was never told, and did not suspect, that the entire conversation was being recorded,” the affidavit continues.
“I did not know the purpose of the conversation or what, if anything, I was being charged with until close to the end of the 1 hour, 20-minute interrogation, shortly after Det. Bastos said, ‘I want to conclude,’” she claimed within the affidavit.
Shah’s legal professionals declare within the papers that the officer’s statements implied he was “trying to clear up an issue, if not trying to help her,” when actually, the statements, “have been plainly unfaithful, as he properly knew that he can be taking Ms. Shah to a Justice of the Peace judge that day primarily based on her having been indicted in New York.
“To be sure, he desperately did want to talk with her — but he did not just want to do so.”
Shah pleaded not guilty in April to costs of conspiracy to commit wire fraud and conspiracy to commit cash laundering and is free on a $1 million bond.
If her movement to dismiss the case isn’t granted, her legal professionals are asking a judge to bar the statements she made after waiving her Miranda rights from getting used towards her at trial.
They additionally need prosecutors to make extra particular allegations towards Shah to allow them to extra simply construct their protection case whereas sifting via a mountain of proof, together with greater than 1.3 million paperwork.
“This information cannot be adequately reviewed in a lifetime, and requires, as we argue below, that the government particularize the charges in a way that this relatively bare-bones superseding indictment does not,” the court docket papers declare.
A spokesman for the Manhattan US Attorney’s workplace didn’t instantly return a request for remark.
Shah, her assistant Stuart Smith and others are accused of concentrating on aged individuals by asking them to spend money on on-line initiatives and to purchase phony enterprise providers equivalent to tax preparation, teaching classes and web site design providers in a scheme that started in 2012 and ran via as not too long ago as March.
“Shah and Smith flaunted their lavish lifestyle to the public as a symbol of their ‘success,’” Homeland Security Investigations Special Agent-in-Charge Peter Fitzhugh alleged in an announcement on the time of her arrest.