Gann said that if, as the prosecution contended, Fagen was really a “24/7” employee, his hourly wage would be $2.26.
Trager tried to poke holes in the defense’s assertion that Fagen believed he was correctly reporting his work status. Gann said that Fagen did not report his activities as a councilman on his weekly unemployment certification because he did not feel that it qualified as work.
“Work is work,” Trager said, arguing that Fagen could not have misinterpreted the language of the unemployment form to believe that he didn’t have to report his work as a councilman.
“Here you have as series of arguments that are more form than substance,” Trager said. “When you run it through the prism of reason, logic and common sense, it falls apart.”