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UNITED STATES v BRUNO 09-CR-29 
641(Court reconvened at 10:40 AM.)2THE COURT: What's the problem?3MR. PERICAK: Your Honor, yesterday the4defense provided the Government with a CD of documents and5this morning provided, I guess -- I don't know if they were6marked yesterday as exhibits on the CD, but, in any event,7provided us with hard copies this morning of documents8marked as defense exhibits which are pertinent to the9examination of this witness. And had I had these documents10in advance, I would have examined the witness with respect11to them as part of my direct examination. And I still plan12to do that, but I would request an opportunity to review the13documents and get myself slightly better prepared to do14that, and I would request that we reconvene after the lunch15hour. That would be sufficient time to go -- for me to go16through them.17THE COURT: What are you asking me to do,18adjourn the proceeding from now until after lunch?19MR. PERICAK: Yes, your Honor.20THE COURT: What are the exhibits? Give me21the numbers.22MR. PERICAK: They are defense exhibits C 16,23C 27 and C 30. And there are -- actually, there probably24are more, but we didn't have a chance to look at the other25ones now. These are the annual statements of financial
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 
 
UNITED STATES v BRUNO 09-CR-29 
651disclosure, I'll call them the marked up drafts. And you2heard the witness testify that, in fact, she would take the3prior year and use that as the go-by for the subsequent4year. And that would have been part of my examination to5elicit that testimony from her, but I didn't have the6documents. I now have the documents, and I would propose to7show her the documents and to go through it in more detail.8THE COURT: So what they are are marked up9copies of the financial disclosure forms that are what?10MR. PERICAK: I believe we'll ask the witness11that, if it's the '92 form, her notes on it are for '93, how12she's going to change it to make the '93 form and different13notes and different items on there and presumably with14directions from various people as to what changes to make15and how to make them.16THE COURT: Are these documents that the17Government has not seen?18MR. PERICAK: Had not seen prior to -- well,19had not seen prior to this morning and did not have access20to prior to yesterday. And for the Court's edification,21Mr. Lewis had produced certain documents, copies of certain22documents to us. It's my understanding that these documents23were within the documents that he had in his control, that24he chose not to make --25THE COURT: Who's Mr. Lewis?
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 
 
UNITED STATES v BRUNO 09-CR-29 
661MR. PERICAK: Mr. Lewis represents the2witness, Miss Stackrow, and he had taken control of these3items in connection with his representation of her. It's my4understanding that, subsequently, when Miss Stackrow retired5from the Senate, that Senator Bruno's people came and took6these documents, and they've been in his possession custody7and control since then.8THE COURT: So the view is that these9documents were in the possession of the defendant?10MR. PERICAK: Yes.11THE COURT: Were they produced to the12Government by reciprocal discovery required by the Court's13order entered at the outset of this case?14MR. PERICAK: It is my belief that they were15not. And I could be corrected on that.16THE COURT: Let me hear from the defendant as17to whether or not they were in possession of documents that18they did not disclose pursuant to the Court's order.19MR. LOWELL: Not like that, your Honor. It20goes like this, from my perspective, since I wasn't here21prior to February of '09. My understanding was that these22documents were accessible to both the defense and the23prosecutors. And the reason I say that, I got some of what24we have seen from the Government from the same set of25documents. In other words, some of the financial disclosure
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 
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