Bruno trial enters third week

Former Senate Majority Leader Joe Bruno struck an optimistic tone as he addressed the media this morning. Today marks the beginning of the third week of Bruno's corruption trial. "I'm looking forward to a great week," Bruno said.

He insisted he's broken no laws and emphasized his record saying "I think I did a lot of good." He defended his work outside of the Legislature as legitimate. The former Senate leader has not said if he plans to take the witness stand.

Bruno made the same points during today's lunch break. "I had a perfect right to conduct business," he told the media. He again said the federal honest services law is "vague."

Check back later for details about today's testimony.

Bruno's afternoon statement

Former Senate Majority Leader Joe Bruno admitted this afternoon he was surprised by U.S. District Judge Gary Sharpe's reaction to comments he made to his attorney. "It wasn't my intent to be disrespectful," Bruno said. "All I want is to be treated fairly."

According to The Associated Press, Sharpe lashed out at Bruno yesterday after he turned to his attorney to question why Sharpe let Assistant U.S. Attorney Elizabeth Coombe ask an additional question of the day’s last witness. The judge had insisted Bruno's lawyer be brief in his questioning. Sharpe this morning said he heard Bruno say, “See, I told you his rulings were unfair.”

Sharpe said Bruno's comment was “clearly audible to me” and could’ve been within earshot of the jury.

The trial resumes Monday at 9 a.m.

Judge denies Bruno's request for mistrial

A motion seeking a mistrial in the corruption case of former Senate Majority Leader Joe Bruno was denied this morning by U.S. District Judge Gary Sharpe. The motion, delivered by one of Bruno’s attorneys, William Dreyer, came a day after the presiding judge lashed out against the former senator. Bruno addressed yesterday's events in his morning statement to the media.



According to The Associated Press, Bruno on Thursday turned to his attorney to question why Sharpe let Assistant U.S. Attorney Elizabeth Coombe ask an additional question of the day’s last witness following the judge’s insistence that the defense attorney be brief in his questioning. Sharpe this morning said he heard Bruno say, “See, I told you his rulings were unfair.”

Bruno insisted the comment was made solely to his attorney. But Sharpe said it was “clearly audible to me” and could’ve been within earshot of the jury. Dreyer said the motion was filed because of an “appearance of impropriety” on behalf of the court.

As jurors took their seats today, Sharpe instructed them to ignore any exchanges between him and the attorneys. He insisted they base their judgments solely on the evidence and testimony.

Bruno's morning statement to reporters

"We're looking forward to another day here," former Senate Majority Leader Joe Bruno said this morning to reporters. "We did absolutely nothing inappropriately and I've never ever put my buinsess ahead of any other government acts while I was in office."

Bruno's morning statement to reporters

Here's a video of Sen. Bruno's morning statement to the press. He says the federal honest services law that he's being tried under is "vague."

The former Senate majority leader continued to insist he's done nothing wrong. "I never abused my public office for personal gain."

Ex-union official says former boss thought Bruno "would do us favors in return"

Today marks the beginning of the second week of testimony in the corruption trial of former Senate Majority Leader Joe Bruno.

The most important testimony this morning came from Mark Congi, former president and assistant business agent at the Laborers' Union Local 91 in Niagara Falls. Congi plead guilty in 2006 to racketeering and is currently serving a 15-year prison sentence. The charges are unrelated to the Bruno case.

Congia served as trustee of the union's pension fund before his indictment in 2002. He testified his former boss Michael "Butch" Quarcini, who died in 2003, said it would "be to our benefit" to let Wright Investors Service handle part of its investments. Bruno "would do us favors in return," Congi alleged Quarcini to have said.

Indeed in 2001, the union's pension fund trustees decided to give, according to Congi, a 20 percent share in their total investments.

Congi said his union had many interests before the state including trying to get money from the Dept. of Transportation for road projects and persuading an American Indian tribe to build a casino in Niagara Falls.

Congi testified he knew of Bruno's relationship with Wright, but that no one at the company
disclosed to him that Bruno was working for them.

During cross-examination, Abbe David Lowell tried to discredit the witness by suggesting he had an interest in saying these things while on the stand. Part of Congi's agreement with the government was if he cooperated he could face a reduced prison sentence. Congi replied "I'm here to be truthful," and "There's nothing I expect at all."

Check back tomorrow for highlights of this afternoon's testimony.

Take back the bookends, Sen. Bruno

Peter Ward, president of the New York Hotel & Motel Trades Council, said in his testimony to the jury today, that he returned a set of glass bookends sent to him by Sen. Joe Bruno. It's unclear what the purpose of the gift was. In addition to serving as the council's president, Ward is a co-chair of the union's pension fund committee.

Ward admitted to a "cordial" relationship with the former Senate majority leader, which he said dates back to around 2005. He testified Bruno spoke with him over the phone about letting Wright Investors Service handle his union's pension fund investments. Ward said Bruno described the company as "friends of his," but neglected to mention he was employed by them.

I was "uncomfortable" about it, Ward said. I was "unclear why the senator was asking me to do it," he added. Wright would never land the investment deal, a fact which Bruno's defense emphasized.

Earlier in the morning, the jury also heard from John Cordo, who from 1996-2000 served as assistant counsel to Bruno in charge of labor issues. He testified he had no knowledge of a financial relationship between the majority leader and Wright.

The trial resumes at 9 a.m. Monday.

Bruno's morning statement to reporters

As former Senate Majority Leader Joe Bruno entered the Courthouse this morning, he told reporters that no one so far has said he did anything wrong. "That ought to be what is reported," he said. "I was a part-time legislator ... I obeyed the law."

Day three of Bruno trial

It's day three in the federal corruption trial of former Senate Majority Leader Joe Bruno.

Francis Collins, Bruno's former counsel, and currently a state Court of Claims judge, wrapped up his testimony this morning. He repeatedly stated he wasn't responsible for advising Bruno about financial disclosure forms.

The trial's fourth witness, Helen George, then took the stand. George, who worked as internal legal counsel at Wright Investors' Service, a Connecticut-based investment advisor that employed Bruno for a dozen years starting in 1994, was granted immunity for her testimony. Being granted immunity means the witness can't be prosecuted for their testimony. Only if charged with perjury would the immunity privilege be waived.

From 1994 to 1998, Bruno worked for Wright as a independent consultant. From 1998 until 2006, he was a part-time employee. For those dozen years, said George, Bruno functioned as an introducer – someone who met with potential clients, in this case union pension funds, and recommended they give Wright the power to invest their money.

A 1994 letter from the company to Bruno laid out his duties as well as disclosure requirements. Each potential client was to be informed of Bruno's affiliation with Wright. Before an investment contract was signed, a disclosure letter had to be sent to the client. According to George, she looked for but didn't find completed disclosure forms in Wright's files.

George admitted some pension fund trustees raised objections to signing the disclosure form because they didn't like working with referral agents in general. To the best of her knowledge, it was nothing to do with Joe Bruno specifically.

UPDATE: 7:08 P.M.
George acknowledged learning in a conversation with Francis Collins that the Legislative Ethics Committee had approved Bruno's job with Wright Investors' Service. However, she never received a written letter confirming such. She said she was "surprised" there was no letter. George testified that Frank Gluchowski, a lawyer for the Legislative Ethics Committee and later the legislative counsel to the Senate majority, recommended not issuing a letter because he thought it would "raise more questions than it answered."

Wednesday's other witnesses included former New York Sun reporter Bill Hammond and former Bruno press secretary Marsha White, among others. For details of their testimony, be sure to check out the next edition of The Legislative Gazette on Nov. 10.

First witnesses testify at Bruno trial

The first two witnesses testified this morning in the corruption trial of former Senate Majority Leader Joe Bruno.

James Featherstonhaugh, an attorney with the Albany-based firm Featherstonhaugh, Wiley & Clyne, LLP, was the lead witness. Featherstonhaugh, who introduced Bruno to the investment and brokerage firm McGinnSmith in 1992, admitted to knowledge of a financial relationship between Bruno and McGinnSmith. (Bruno would be elevated to the position of Senate majority leader in 1994.) Featherstonhaugh admitted to introducing Bruno to McGinn at the request of the firm's Chairman of the Board Tim McGinn.

The firm's chairman testified that Bruno was on the payroll. A letter sent to Bruno describing his role at the firm was admitted into evidence. According to the letter, Bruno would spearhead McGinnSmith's efforts at landing investment deals with labor union pension funds. McGinn called Bruno "a significant ally in that effort." A W-2 earnings summary, which was also admitted into evidence, showed that McGinn paid Bruno $24,500 in 1994.

McGinn said Bruno brought in investments by the hospitality workers union and the Teamsters. According to McGinn, Bruno didn't bring in funds from any entity other than labor unions.

James Featherstonhaugh told the jury that Sen. Bruno never asked him to conceal anything about his relationship with McGinnSmith.

UPDATE: 8:02 P.M.
Tim McGinn also said in his testimony that his firm offered Bruno an office, which he used about a dozen times. One interesting moment came when the chairman said his firm and Bruno intended to send our simultaneous press releases announcing the senator's job with McGinn. Bruno wasn't interested in making it public, according to McGinn.

Tim McGinn admitted having two conversations with Bruno about the ethics of working for the investment firm. According to McGinn, Bruno acknowledged the moral implications of his work, but told him it was okay. McGinn said he chose Bruno to work for the firm because he was a respected member of the community. He emphasized Bruno's life story and his success in the Legislature.

McGinn said Bruno requested payments be sent to his consulting company, Capital Business Consultants, Inc., rather than to him personally. He didn't give a reason, according to McGinn.

During questioning form Bruno's attorney Abbe David Lowell, McGinn said "it was well known" that Bruno worked for his firm and he made no effort to conceal it.

The prosecution pointed out that Bruno's compensation from the firm increased to $72,000 in 1995 from $24,500 the year before. Sen. Bruno became majority leader of the state Senate in November 1994.

The third witness of the day was Francis Collins, a New York state Court of Claims judge who served as Sen. Bruno's counsel.

Jury selected, attorneys give opening statements on first day of Bruno trial

Earlier this hour, seven women and five men were chosen as members of the jury that will determine the fate of former Senate Majority Leader Joe Bruno. Bruno is on trial facing charges that he abused his office and defrauded the government in failing to disclose his financial relationship with businesses and individuals. He has pleaded not guilty.

Five members of the potential jury pool were excused for various reasons. Prospective jurors can ask to be excused if they feel they wouldn't be able to judge the facts of the case objectively. Attorneys for either side can also request a juror be excused, sometimes without having to give a reason.

U.S. District Judge Gary L. Sharpe said he will not sequester the jury, meaning they can return home after each day. He reminded the potential jury pool to not discuss the trial with anyone or follow news coverage.

The trial is being held U.S. District Court in Albany, and may last into December.

UPDATE: 5:28 P.M.
Attorneys for the prosecution and defense delivered their opening statements this afternoon. Assistant U.S. Attorney Elizabeth Coombe spoke on behalf of the prosecution.

She said the government plans to prove that Sen. Bruno violated federal statute that entitled the public to the "honest services" of its elected officials. They plan to show that Bruno failed to disclose, and intended to keep secret, his financial relationships with investment firms and individuals. The government alleges Bruno was granted over $3 million over more than 10 years by various groups and individuals. He did this "for his own personal enrichment," Coombe said today. He "concealed and disguised" his actions.

Abbe David Lowell, a top white-collar lawyer from Washington, D.C., delivered the defense's opening statement. He does not deny many of the facts of the case, but denies what the prosecution says the facts amount to. He characterized Sen. Bruno as a "hard-working, honest public servant." He asserted Bruno never pressured anyone to take a certain action. He says witnesses will testify that the former Senate majority leader didn't violate financial disclosure forms nor hide any of his financial relationships. Lowell countered the prosecution's claim that Bruno's actions rise to the level of a "scheme" to defraud the public.

Sen. Krueger's Call for Monserrate's Resignation Catalyzes a Movement

Following the recent outcome of Sen. Hiram Monserrate’s trial, senators and women’s rights groups are again speaking out — this time for his resignation.

Sen. Liz Krueger, D-Manhattan, was one of the first to speak out for the resignation of Monserrate — the Queens senator who was recently found guilty of misdemeanor assault against his partner and was acquitted of felony charges, ones that would have torn him out of the state Senate — hours after the outcome of his trial.

“I believe that if he was indeed found guilty of a violent crime he should not remain in the state senate,” Krueger said.

“Literally within 12 hours of his being found guilty I put out a statement calling out for Mr. Monserrate to resign on the grounds that a person convicted of a violent crime should not be a sitting legislature in New York state,” Krueger said. “I urged colleagues, organizations, citizens to call for him to resign on the belief that, that was the best and the simple and quick solution to the problem.”

“And many elected, many civic organizations, many women’s organizations have in fact taken up that call and put out a statement calling for him to resign — both U.S. senators [for New York] Chuck Schumer and Kirsten Gillibrand have called for him to resign.”

The New Agenda is one of the women’s rights groups that has taken up Krueger’s call for Monserrate’s resignation. “The fact of the matter is that he was still found guilty of a charge and at this point, and even prior to this trial really, he does not have the moral authority to be governing in our state,” Amy Siskind, president of the New Agenda, said.

“We are working now with NOW-NYS [National Organization of Women-New York State] and the Eleanor Roosevelt Legacy Committee,” Siskind said. “To collectively speak out about what’s happened here and to urge the members of the committee that’s been formed to call for his immediate resignation.”

NOW-NYS, a women’s rights group, and ERLC, an organization that is “dedicated to building a new generation of pro-choice Democratic women leaders in New York State,” are working with New Agenda to publicly call for Monserrate’s resignation, according to Siskind.

“We’re currently working on an open letter,” Siskind said, adding that the groups plan to get signatures for their open letter “from a number of the women’s organizations and then we plan to send those to the folks that are going to be serving on the panel just to let them know how important this is — what kind of signal we’re sending if we continue to let this man serve in our state government.”

The groups plan to send their open letter to the special committee of inquiry on Monserrate that was created by Senate Democratic Conference Leader John L. Sampson, D-Manhattan, on Oct. 20 and is made up of eight other individuals: Andrew J. Lanza, R-Staten Island, a former chair of the Senate Ethics Committee; John J. Flanagan, R-East Northport, a former chair of the Senate Ethics Committee; James S. Alesi, R-Perinton, a former chair of the Senate Ethics Committee; Sen. Cathy Young, R-Olean; Ruth Hassell-Thompson, D-Mount Vernon; Diane J. Savino, D-Staten Island; Andrea Stewart-Cousins, D-Yonkers; and Toby A. Stavisky, D-Queens, as reported by the Legislative Gazette last week.

Siskind said that the trial outcome wasn’t what she or her group expected. “We were very surprised that he got away with it,” Siskind said. “He deserves to be in jail plain and simple — this is a text book, gender-based, violence-type case where the girlfriend is abused and initially speaks out and then is intimidated into silence.”

Although disappointed with the outcome of Monserrate’s trial, Siskind said she and the New Agenda won’t stop working until the senator resigns. “We are going to continue to work and to galvanize as a coalition of organizations,” Siskind said. “That’s our next step and we’ll just continue to keep the heat on until he resigns,” Siskind said. “However long that takes we’ll keep going.”

Krueger spoke of her future hope. “I hope Mr. Monserrate wakes up tomorrow morning and says, ‘I don’t have any future in the senate, my colleagues have started a committee to figure out how to sanction me. I can’t win reelection next year in my district and the people who are calling me to resign are right,’ and that he will resign, that’s what I’m hoping for.”

Siskind passionately agreed. “The fact of the matter is that he was found guilty of a charge related to domestic violence and he needs to resign. Period. End of sentence.”