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Updated 10/06/2009 05:57 AM

New details in the case against Joe Bruno

By: Steve Ference

We have an update on the case against former Senate Majority Leader Joe Bruno. He's accused of defrauding New Yorkers of their right to his honest services while he served as majority leader, allegedly taking money from companies with an interest in pending legislation. While Bruno maintains his innocence, our Steve Ference reports on the latest information as prosecutors and defense attorneys lay out further details of the case.

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ALBANY, N.Y. -- Legal expert Paul DerOhannesian said, "The battlefield is, were there conflicts of interests and were there gifts?"

Scores of new documents give plenty of clues as to how both the defense and prosecution will proceed in the case against former Senate Majority Leader Joe Bruno, who is accused of using his position to make millions from companies who had an interest in pending legislation.

DerOhannesian said, "The government is saying it's excessive and constitutes a gift. The defendant is saying this is the value of my services."

Bruno has denied any wrongdoing, but the new details of the prosecution's case present a number of challenges for the defense.

"I think it's very interesting the role of a magazine interview the senator gave," said DerOhannesian. "This is information given not to a government agent but to a reporter. It's going to be difficult to attack."

Prosecution documents say a New York Magazine reporter will testify. It's significant because of a March 2008 article in which Bruno discussed the then-FBI investigation into his side business dealings that supposedly made him more than $3 million. In it, Bruno said, "I provided the entrée. In that business, the biggest problem is access. I provided access."

"...Bruno would make the phone calls," the reporter continued in the article.

Bruno went on to say, "My pitch to them was, 'If you like what they have to say, take it to the next level. If you don't, say good-bye.' "

DerOhannesian said, "This fits the government theory that that's all that was being done and that there were no other services being performed, and it could be a major piece of evidence and a major battlefield between the two sides."

The prosecution's documents also show they plan to call others who have pleaded guilty or who are in some way connected to this case to testify against Bruno, while defense filings show that they plan to bring in financial documents of 20 other state legislators. They'll do that to show that what Bruno may have done is par for the course at the Capitol and not improper.

DerOhannesian said, "He complied with the law in good faith. He relied on legal advice. We'll call lawyers who guided him through the process, and therefore he doesn't have any criminal intent to defraud which is one of the elements of the crime."

A final conference between attorneys is scheduled for later this month, with the trial - and jury selection - set to begin Nov. 2.