Updated 10/27/2009 05:59 AM
Pretrial conference held in Joe Bruno case
A pretrial conference was held Monday in the case against former Senate Majority Leader Joe Bruno. The trial begins on Nov. 2. Steve Ference has more on what ground rules were put in place for next week's trial.
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ALBANY, N.Y. -- "Whatever takes place, takes place," said former Senate Majority Leader Joe Bruno. He appeared in federal court Monday as his attorneys and prosecutors lay the ground rules for the trial where jurors will decide if Bruno deprived New Yorkers of his honest service by allegedly illegally taking money from companies for giving them access while they had interest in pending legislation.
Defense attorney Abbe Lowell said, "The honest services federal law that they're prosecuting Mr. Bruno on has been said by courts to be vague and squishy, so we're asking the judge to make it less vague and less squishy."
Bruno denies the allegations as his attorneys saw a number of their motions denied by the judge, including the request for a delay to the trial. They wanted that because of pending court cases that could impact this case.
Lowell said, "The Supreme Court has three cases, which is very unusual, that it has agreed to review this year on the very subject of whether the honest services statute is or is not too vague and too squishy."
Also discussed was the 2008 magazine article where Bruno supposedly told a reporter he provided the entrée for companies so they'd have the option to take it to the next level, but denied it was quid pro quo. His attorneys say it's all about context.
Lowell said, "If I had my druthers, I'd have the entire New York Magazine article admitted into evidence if I could."
The debate from there centers around whether the reporter or Bruno's spokesman, who was apparently there at the time, would have to testify.
Legal expert Paul DerOhannesian said, "A reporter doesn't have to testify if the information is available from another source."
DerOhannesian also said while prosecutors expect to call more than 100 witnesses, the judge is trying to keep the trial moving as quickly as possibly.
He wants to make this trial go along fast," DerOhannesian said. "He doesn't want to delay it in jury selection."
Meanwhile, a challenge for the government as prosecutors say they expect a number of their witnesses to be hostile, meaning they may have to show such witnesses' potential bias by comparing what they say to previous testimony.
Bruno said, "I'm looking forward to the justice system and I have a lot of confidence in that and that a jury will decide our innocence."
The trial begins on Nov. 2.