The Associated Press
ALBANY — A federal judge denied a motion for a mistrial Friday in the corruption case of former New York Senate leader Joseph Bruno, rejecting the defense argument that he was favoring the prosecutors.
Defense attorney William Dreyer asked for the mistrial on grounds that some of U.S. District Judge Gary Sharpe’s comments in front of the jury have left the impression the defense was doing something “improper” and using unfair tactics
Sharpe has criticized defense attorney Abbe David Lowell several times, saying he’s making speeches when he questions witnesses and telling him not to do that. Dreyer said alternatively, he wanted the judge to instruct the jury to disregard his criticism.
In denying the motion, Sharpe told the defense team he would make it clear to jurors in his final instructions that he’s not favoring one side or another. Sharpe then brought the jurors back into the courtroom, where he told them it was their job to determine the facts in the case, and not to be swayed by his interactions with the lawyers.
Bruno, 80, faces eight fraud counts. He is accused of denying New Yorkers his honest services. Prosecutors allege he used his state position to enrich himself by $3.2 million over 13 years. Bruno said he simply had a sideline business as a consultant and always put his state concerns first.
Prosecutors said they should finish presenting their case Tuesday or Wednesday.
At the close of the trial’s eighth day on Thursday, Sharpe scolded Bruno for questioning one of the judge’s rulings in front of the jury, and promised to take steps if he did it again.
On Friday, Sharpe put on the court record what he heard Bruno say after Assistant U.S. Attorney Elizabeth Coombe was told by Sharpe she could ask more questions of a witness: “See, I told you his rulings were unfair.”
Sharpe said he heard the remark and he believed some jurors did, too.
Bruno said later it was simply a quiet comment to one of his lawyers, but it was more of a question and he did nothing wrong.
Returning to court Friday, Bruno told reporters he has respect for who’s in charge, and it’s the judge. “All I want is a fair and impartial trial. I am innocent. There is a presumption in this country. We’re not in a Third World country. We’re in the United States of America,” he said.
On Friday, Republican State Sen. George Maziarz said he wasn’t sure if he would be called to testify in the ongoing trial.
Maziarz appeared on witness
lists for both the prosecution and defense prior to the start of court proceedings, but said he has not yet been asked by either side to provide any testimony.
“I was on both sides’ lists but neither one of them have called me,” Maziarz said.
The Bruno trial started Nov. 3 and Niagara County, its union leaders and Maziarz have all figured into testimony so far.
Jurors also heard testimony on Friday from Peter M. Donovan, CEO of Wright Investors’ Service, and Kenneth Singer, a senior vice president for the company. Both testified under immunity from prosecution. Singer admitted that Bruno gave him access to clients and was presented with a copy of a 2000 letter he wrote to Bruno in which he outlined a strategy for the second half of the year. The letter referenced efforts to land a carpenters’ union in Western New York with ties to Local 91 and included a line in which Singer wrote: “Everything depends on their perception of how hard you win/fight for them on issues in Niagara Falls.”
At one point, Singer said Bruno put him in contact with Maziarz and fellow state Sen. William Larkin, R-New Windsor, in an effort to get their assistance in contacting labor union leaders in their respective legislative districts.
During an interview riday, Maziarz said he recalled local union and business leaders inviting Bruno to the area for charitable golf outings back in 1997 and said it may have been possible that Bruno discussed various issues with them at that time. Maziarz also said he recalled a time when he met with Singer, but said the meeting took place several years ago.
“The only entree that I can remember is getting Joe Bruno up here,” Maziarz said.
Earlier this week, jailed Laborers 91 associate Mark Congi suggested Maziarz “catered” to his old union boss, Michael “Butch” Quarcini.
When asked for a response to Congi’s comment, Maziarz said cater is a broad term and noted that as a senator he deals with many people from many different walks of life. He added that it was his understanding that Congi also testified in court that he did not know him personally.
“What does cater mean?” Maziarz said. “I cater to a lot of my constituents.”
Gazette reporter Mark Scheer contributed to this story.
