Judge Rejects Motion For Mistrial In Bruno Case

MICHAEL VIRTANEN

ALBANY, N.Y. (AP) — A federal judge denied a motion for a mistrial Friday in the corruption case of former New York 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

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.