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Updated 11/24/2009 05:55 AM

Joe Bruno trial wrapping up

By: Web Staff

Jurors are set to begin deliberating Tuesday morning in the Joe Bruno trial. Jurors heard closing arguments and instructions from the judge before heading home Monday. Steve Ference has more.

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ALBANY, N.Y. -- He's no ordinary senator, prosecutors told a packed courtroom. The fate of former Senate Majority Leader Joe Bruno is now in the hands of jurors. The government summed up the case as Bruno having a number of conflicts of interest as he referred organizations to an investment company - organizations that also had business in front of the state Legislature.

Prosecutor Pericak told jurors, "Part of the scheme involved Senator Bruno's awareness of who he was. He was one of the three most powerful men in New York State."

The issue is not the millions of dollars Bruno allegedly pocketed, but his failure to disclose such relationships according to Pericak who argued Bruno intended to conceal what he was doing when he referred businesses and unions to use Wright Investors Service to allegedly cash in on his Senate influence.

Pericak explained it by saying, "I don't want you to feel any pressure. It reminds me of a school yard with Tiny, you know 6'6" saying, 'Give me my lunch money, but no pressure.' That's what it's all about. Tiny's here."

This, as jurors heard they must be concerned with the manner in which Bruno's decisions were made, the potential motivation, and not whether there was any quid pro quo.

Defense attorney Abbe Lowell said this was an indictment in search of a crime, a bowl of spaghetti allegations thrown against the wall to see what sticks. He said with no underlying state charges, it reminds him of the saying, "Don't make a federal case out of it."

Lowell said, "Perhaps it's not a good idea for New York State or any other state to have a part-time Legislature. Indicting an official who did what all the others do is not the way to change the law."

Lowell said the government is not the salary police and that Bruno never told anyone to conceal his outside business relationships and referenced Pericak's schoolyard analogy saying, "Tiny was not alone. The principal was there, class monitor was there, where the State of New York had attorneys and bid processes."

So after 70 witnesses, 500 exhibits, more than three weeks of testimony, jurors must now decide Bruno's date, almost 15 years to the day after he became the state's Senate majority leader.