Published: November 14, 2009 02:51 am      

ALBANY: Judge denies Bruno mistrial

ALBANY — A federal judge denied a motion for a mistrial Friday in the corruption case of former state Senate leader Joseph Bruno, rejecting the defense argument that he was favoring the prosecutors.

Defense attorney William Dreyer asked for the mistrial on grounds that some of U.S. District Judge Gary Sharpe’s comments in front of the jury have left the impression the defense was doing something “improper” and using unfair tactics.

On Friday, Republican state Sen. George Maziarz of Newfane said he wasn’t sure if he would be called to testify in the ongoing trial.

Maziarz appeared on witness lists for both the prosecution and defense prior to the start of court proceedings, but said he has not yet been asked by either side to provide any testimony.

“I was on both sides’ lists but neither one of them have called me,” Maziarz said.

The Bruno trial started Nov. 3, and Niagara County, its union leaders and Maziarz have all figured into testimony so far.

During the course of the trial, Sharpe has criticized defense attorney Abbe David Lowell several times, saying he’s making speeches when he questions witnesses and telling him not to do that.

Dreyer said alternatively, he wanted the judge to instruct the jury to disregard his criticism.

In denying the motion, Sharpe told the defense team he would make it clear to jurors in his final instructions that he’s not favoring one side or another. Sharpe then brought the jurors back into the courtroom, where he told them it was their job to determine the facts in the case, and not to be swayed by his interactions with the lawyers.

Bruno, 80, faces eight fraud counts. He is accused of denying New Yorkers his honest services. Prosecutors allege he used his state position to enrich himself by $3.2 million over 13 years. Bruno said he simply had a sideline business as a consultant and always put his state concerns first.

Prosecutors said they should finish presenting their case Tuesday or Wednesday.

At the close of the trial’s eighth day Thursday, Sharpe scolded Bruno for questioning one of the judge’s rulings in front of the jury, and promised to take steps if he did it again.

On Friday, Sharpe put on the court record what he heard Bruno say after Assistant U.S. Attorney Elizabeth Coombe was told by Sharpe she could ask more questions of a witness: “See, I told you his rulings were unfair.”

Sharpe said he heard the remark and he believed some jurors did, too.

Bruno said later it was simply a quiet comment to one of his lawyers, but it was more of a question and he did nothing wrong.

Returning to court Friday, Bruno told reporters he has respect for who’s in charge, and it’s the judge. “All I want is a fair and impartial trial. I am innocent. There is a presumption in this country. We’re not in a Third World country. We’re in the United States of America,” he said.

In testimony Friday, Russell Ball, retired chief executive of Roadway Contracting, said he paid Bruno $270,000 in consulting fees in 2004 and 2005, mostly through $20,000 monthly payments. Ball said Bruno’s calls to construction company executives for Roadway, which installed underground utility services, didn’t produce work, but his advice helped him revamp the company, putting his wife in charge and getting the employees out soliciting new business.

Ball acknowledged Bruno was paid by subsidiary BB Gardner to keep that information private, with checks written to Bruno’s company Capital Business Consultants LLC. He said other company executives were paid by Gardner, and that Bruno told him he had Senate ethics clearance to work for Roadway.

Ball said his company subsequently got some business with the New York Power Authority and the transit authority in New York City. Asked whether Bruno made contacts with those government agencies on behalf of Roadway, Ball said, “Not that I know of.”

Roadway also was involved in a dispute with Consolidated Edison, for which it often worked as a contractor. Roadway claimed ConEd owed the company $6 million for unpaid work.

John Banks, the utility’s vice president for government relations, testified that someone from Bruno’s office called ConEd to ask about the debt. The company looked into the matter and paid Roadway some of the money, he said.

Jurors also heard testimony Friday from Peter M. Donovan, CEO of Wright Investors’ Service, and Kenneth Singer, a senior vice president for the company. Both testified under immunity from prosecution. Singer admitted that Bruno gave him access to clients and was presented with a copy of a 2000 letter he wrote to Bruno in which he outlined a strategy for the second half of the year. The letter referenced efforts to land a carpenters’ union in Western New York with ties to Local 91 and included a line in which Singer wrote: “Everything depends on their perception of how hard you win/fight for them on issues in Niagara Falls.”

At one point, Singer said Bruno put him in contact with Maziarz and fellow state Sen. William Larkin, R-New Windsor, in an effort to get their assistance in contacting labor union leaders in their respective legislative districts.

During an interview Friday, Maziarz said he recalled local union and business leaders inviting Bruno to the area for charitable golf outings back in 1997 and said it may have been possible that Bruno discussed various issues with them at that time. Maziarz also said he recalled a time when he met with Singer, but said the meeting took place several years ago.

“The only entree that I can remember is getting Joe Bruno up here,” Maziarz said.

Earlier this week, jailed Laborers 91 associate Mark Congi suggested Maziarz “catered” to his old union boss, Michael “Butch” Quarcini.

When asked for a response to Congi’s comment, Maziarz said “cater” is a broad term and noted that as a senator, he deals with many people from many different walks of life. He added that it was his understanding that Congi also testified in court that he did not know him personally.

“What does ‘cater’ mean?” Maziarz asked. “I cater to a lot of my constituents.”

Reporter Mark Scheer contributed to this story.