ALBANY N.Y. – For accusations he accepted kickbacks from Loudonville businessman Jared Abbruzzese, former Senate Majority leader Joe Bruno will stand trial for the second time Monday morning.
Bruno’s team fought the retrial stating it was double jeopardy.
In 2009 Bruno was convicted of similar charges, but the charges were thrown out by the Supreme Court.
In Attorney Terry Kindlon’s opinion the trial is double jeopardy. “He shouldn't be here. He's being tried for the same activity. He's being tried a second time for something which was determined in the first instance to be not criminal conduct."
Bruno is facing two counts of Honest Services Mail Fraud.
Bruno nor Federal Prosecutors will be allowed to speak with the media during the trial. Kindlon say this is to prevent jurors being exposed to talk about the case.
During the trial Federal prosecutors must prove that bribery or kickbacks were involved.
Kindlon believes the retrial is a violation of Bruno’s constitutional rights, and that it is a waste of time and money attempting to send a man of Bruno’s age to Federal Prison.
The trial is set to take place Monday at 10 a.m. at the Albany Federal Courthouse.