Posts Tagged ‘Joe Bruno’

Barry Schiffman

Political Witchhunt: Update-Why Joe Bruno Will Be Exonerated

by Barry Schiffman

Those liberals, reformers, good-government types, New York Times editorial writers and Albany Times Union reporters who were toasting the conviction of long time New York Republican Senate Leader Joe Bruno, will soon have the smile wiped from their elitist faces. Joe Bruno has committed no crime and his exoneration will likely come from the U.S. Supreme Court.

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I speak from the point of view of an attorney with a passion for the protections of the law.

In 1770, a rowdy mob of Massachusetts colonists accosted and provoked British soldiers until they responded with lethal force and committed the Boston Massacre.   The soldiers were arrested and placed on trial where their convictions seemed imminent out of sheer populace outrage.  One bold lawyer rose in their defense, John Adams, who in his closing argument reminded the jurors that “the law no passion can disturb.  Tis void of desire and fear, lust and anger . . . it is deaf, deaf as an adder to the clamours of the populace.”

Today the populace is clamoring at Joe Bruno.  They protested – protested! – His recent defense fund fundraisers, and blogs, abound with smug joy at the Senator’s conviction.  Meanwhile, the facts and flaws of the case have disappeared into the ruckus.   Nary a soul concerns itself with the serious constitutional misgivings of a law that has floundered through the federal circuit courts because no knows what it means.  Consider the helpless inquisition of Judge Jacobs in the Rybicki case, now Chief Judge of the Second Circuit – the same federal circuit hearing the Bruno case:

How can the public be expected to know what the statute means when the judges and prosecutors themselves do not know, or must make it up as they go along?

Or consider Supreme Court Justice Antonin Scalia who says that “it is simply not fair to prosecute someone for a crime that has not been defined until the judicial decision that sends him to jail.”

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Posted Mar 4th 2010 at 11:51 am in Justice/Legal, News, Politics, State Politics | 34 Comments

Roger Stone

Sharpe Shenanigans: Federal Judge Prods for Bruno Conviction

by Roger Stone

The Bruno jury in Albany is hung. After six full days of deliberation, the Jury has passed notes to Judge Gary Sharpe, a hard-drinking former U.S Attorney for this district, with questions that are all arguably favorable to the 81 year old Former Majority Leader in the New york Senate.

Joe Bruno the legendary longtime leader of the New York Senate Republicans stands accused of ” the theft of honest services, ” but the Feds never proved a crime at trial. New York’s political class is waiting with bated breath for a vedict.

Joe Bruno: Target of Political Hit Job

Joe Bruno: Target of Political Hit Job

The Judge  in the Albany trial wanted to give the Jury an “Allen charge” – meaning a directive that they MUST reach a consensus when the have failed to do so. It gives juries the impression they cannot come back and announce they are deadlocked. It is a wicked pro-prosecution tool- after the first note requesting clarifications of the “reasonable doubt” standard- a true jump of the gun.

Supported for his job by Sen. Chuck Schumer, Sharpe has a son who is an Assistant U.S. Attorney in the same office and jurisdiction where Bruno is being prosecuted . Sharpe should have recused himself on that basis alone.

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Posted Dec 6th 2009 at 5:33 pm in Featured Story, Justice/Legal, News, Politics, State Politics | 16 Comments

Roger Stone

Federal Judge Runs Amok: Can Joe Bruno Get a Fair Trial?

by Roger Stone

Whether or not you think former New York Republican Senate Majority leader Joe Bruno, who reigned over Albany in a triumvirate of power for 27 years, is guilty or not, he has the right to a fair trial and an impartial Judge. It appears he is getting neither.

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Bruno has been indicted under the controversial ” theft of honest services” law. The same law that Supreme Court Justice Anton Scalia says is unconstitutionally vague. Indeed, the US Supreme Court has taken not one but two “honest services cases” for review. The government has no evidence of bribes or improper pressure on government–required by the law–that Bruno took for his clients. Under New York Law, legislators are part-time  and are allowed to have outside income. Bruno , an non-lawyer with a business background, is a business consultant.

When the Government dropped hundreds of thousands of pages of new documents on Bruno’s defense team only days before trial Bruno’s lawyer asked Judge Gary Sharpe of the Northern District of New York for a mere two week delay. The motion was denied.

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Posted Nov 16th 2009 at 7:31 am in Culture, Justice/Legal, Politics, State Politics | 22 Comments