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Updated 11/25/2009 04:08 PM

Judge in Bruno trial says long break could be dangerous

By: Steve Ference

After hundreds of exhibits, more than 70 witnesses and three weeks of testimony, jurors have been deliberating over whether or not Joe Bruno broke the law. He's accused of depriving New Yorkers of his honest services by working for companies that had an interest in legislation while he was a legislator. But jurors decided to take a long holiday break - something the judge called "dangerous." Our Steve Ference has been in court each day for the trial and filed this report.

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ALBANY, N.Y. -- "My work product is my ability to deal with people and motivate people," said former Senate Majority Leader Joe Bruno on Nov. 19.

From his humble working man roots to the Thanksgiving state Senate coup that made Joe Bruno majority leader, 15 years later to the day, it's Bruno fighting for his reputation.

"I'm very pleased with the testimony that I did everything within my power to obey the law," said Bruno on Nov. 17

Bruno has said from the very start he sought the advice of attorneys, disclosed what he had to, and did only what other part-time legislators do.

Prosecutors argue he created a scheme to defraud by getting paid tens of thousands of dollars a month for his influence and not properly disclosing the relationships. Now it's up to jurors to decide if Bruno broke the law. But even that's not so simple.

Judge Gary Sharpe warned jurors, "There is a danger that when you leave for an extended period of time people will talk with you or you will talk with people...There is a danger in taking a long break."

That was said to the jury before they decided to pause deliberations Tuesday night to come back Monday, setting up a five-day break around Thanksgiving.

Legal Expert Paul DerOhannesian said it isn't uncommon. But it could mean trouble.

"Contamination could mean access to news reports, it could be in the form of access to information with people they come across at Thanksgiving," DerOhannesian said.

But it's not only concern about what jurors can control for the most part - but also what they can't.

DerOhannesian said, "The other concern is whether or not a juror will get sick and be unable to continue deliberations. There are no alternates to insert into the process. While the judge had indicated he'd be willing to go with 11 jurors, which is permissible, suppose more than one juror is unable to continue service."

Jurors have already requested a read-back of testimony having to do with a conversation between Senate attorneys about Bruno's outside business going to the question of what he disclosed to them - or concealed - as he relied on their advice. This, as jurors take the long holiday break - and Joe Bruno waits.