ANDY AIDE CONVICTED
A FORMER top aide to Gov. Cuomo was convicted Tuesday of collecting more than $300,000 in cash bribes in a federal case focused on the culture of corruption in Albany.
Joseph Percoco, his face flushed and his demeanor dour, was found guilty by a deeply divided jury that sent out surprising word of its verdict at 11:42 a.m. after twice announcing they were at an impasse.
Percoco was found guilty of “selling something priceless that was not his to sell — the sacred obligation to honestly and faithfully serve the citizens of New York,” said Manhattan U.S. Attorney Geoffrey Berman.
The governor, who once described Percoco as his late father Mario’s third son, said in a statement several hours after the verdict that “there is no tolerance for any violation of the public trust.”
“The verdict demonstrated that these ideals have been violated by someone I knew for a long time. That is personally painful; however, we must learn from what happened and put additional safeguards in place to secure the public trust. Anything less is unacceptable,” Cuomo’s statement said.
Percoco faces up to 50 years in federal lockup when he is sentenced on June 11.
Percoco’s lawyer, Barry Bohrer, said they intend to appeal his conviction.
“I’m disappointed, but as Barry says, we are going to consider our options and move forward,” Percoco told reporters as he left the courthouse.
The jury had deliberated roughly 40 hours since March 1 to reach its verdict. The decision came one day after the panel informed Manhattan Federal Judge Valerie Caproni they were again at a deadlock.
The jury’s change of heart was announced in a pithy morning note to the judge. “Your honor, we have reached a verdict,” read a note sent out Tuesday at 11:42 a.m. “Thanks!” But the verdicts were hardly a clean sweep for prosecutors. Only one of Percoco’s three co-defendants was convicted: Syracuse developer Steven Aiello, who faces 20 years for a conspiracy to commit wire fraud count. Fellow upstate businessman Joseph Gerardi was cleared of three counts. A mistrial was declared for energy executive Peter Galbraith Kelly’s two counts, because the jury deadlocked on them. Neither Percoco nor any of his co-defendants testified on their own behalf. Percoco, 48, was found guilty on two counts of conspiracy to commit wire fraud, and a single count of solicitation of bribes. Two of these counts related to Percoco’s schoolteacher wife, Lisa, who was hired by Kelly to a $90,000-per-year low-show job.
He was acquitted on a pair of extortion counts and one charge of solicitation of bribes or gratuities.
“The jury struggled with the verdict because there wasn’t a smoking gun,” one juror said.
“I think that it was very evidently clear that he has power, and what he says goes in the governor’s office,” another juror who asked not be identified said of Percoco.
The prosecution took a huge mid-case hit when star witness Todd Howe, a former lobbyist, was arrested during the trial after admitting on the stand that he tried to scam the Waldorf Astoria over a $600 hotel bill.
Howe, 57, had told jurors that he and Percoco, lifting a reference from the mob drama “The Sopranos,” had used the word “ziti” to refer to bribe money. Even before the three guilty verdicts on Tuesday, the eight-week trial shined a bright light on how the Cuomo administration operates — and it wasn’t pretty. Cuomo for months tried to divert attention from the trial by avoiding reporters, attacking Washington, and speaking out on such popular issues like gun control. He can no longer hide behind the excuse that he can’t comment about the ongoing trial because it’s now over. And while he hasn’t been accused of any wrongdoing, he still has much explaining to do. Such as: • Why was Percoco, after leaving the state payroll in 2014 to run the governor’s reelection campaign, allowed to continue to use his government office right next to Cuomo’s? Using state resources on campaign business is a violation of state law. • Did the governor ever work with Percoco on anything campaign-related while his former aide was in his old office? • Did Cuomo order or know Percoco was calling potential employers of Cuomo staffers they didn’t want to leave? • Why was Percoco still bossing Cuomo staff around after leaving the payroll? • How does he respond to those who say the trial highlighted a pay-to-play culture within his administration? • Why didn’t the governor or anyone on staff ask Percoco, when he was returning to the state payroll after the 2014 campaign, about who his private clients were when he was off the payroll? “(Cuomo) said he would answer questions when the trial was over. It’s over. Speak up Andrew,” tweeted state Sen. John DeFrancisco, who is seeking the GOP nomination for governor. “New Yorkers deserve an answer as to why their state government has been up for sale under your administration.” They’re waiting, Governor.