Albany on trial: Silver, Skelos head to court
ALBANY — Sheldon Silver and Dean Skelos started the year as the two most powerful members of the state Legislature, wielding tremendous influence over the direction of the state and its finances.
They will spend much of the remainder of the year in federal courtrooms as they try to ward off felonies that would end their government careers.
Both Silver, the now-former Assembly speaker, and Skelos, the ex-Senate leader, will stand trial in November on wide-ranging corruption charges in separate cases that have already turned Albany on its head.
Jury selection for Silver's trial starts Monday, while Skelos' begins Nov. 16.
The potentially lengthy trials — Silver's alone is scheduled to last six weeks — threaten to expose the seedier side of government in a state where power has long been concentrated among a chosen few and lobbyists continue to rake in record amounts of money.
And they will place a firm spotlight on U.S. Attorney Preet Bharara, the hard-charging, Manhattan-based federal prosecutor who brought the charges and has spoken out aggressively against what he sees as a culture of corruption in Albany.
"It's pretty amazing," said Jennifer Rodgers, a former federal prosecutor who now is executive director of Columbia University's Center for the Advancement of Public Integrity. "You could see this happening if they were involved in the scheme together. But to have the leaders of the two houses in two separate corruption cases basically going to trial at the same time seems extraordinary to me."
The cases are the latest example of troubles faced by state lawmakers. Nearly 40 legislators have faced legal or ethical woes since 2000, according to a tally kept by Gannett's Albany bureau.
Silver, 71, was arrested in January and stepped down from his powerful post later that month amid pressure from his colleagues. He faces two counts each of mail fraud, wire fraud and extortion, as well as a single money-laundering charge.
He's accused of pocketing $4 million in bribes and kickbacks that were disguised as legal payments from law firms specializing in real estate and asbestos claims.
Skelos, meanwhile, will stand trial with his 32-year-old son Adam. The elder Skelos is accused of using his political influence to get his son a job with AbTech Industries, an Arizona-based environmental firm, and later pushing Nassau County to award the company a $12 million contract.
Both Adam and Dean Skelos, 67, face three counts of extortion and three counts of solicitation of bribes, as well as two conspiracy charges. The latter was arrested in May and relinquished his title.
Silver and Skelos have both maintained their innocence and remain rank-and-file members of the Legislature. But they would have to resign if they are found guilty of a felony.
"The good thing is the system is working in this case," said Assemblyman Kieran Michael Lalor, R-Fishkill, Dutchess County, a frequent Silver critic. "They were able to allegedly do bad things for a long time, but ultimately it caught up with them. This is an opportunity to turn the page on that period of New York legislative history."
Multiple state lawmakers cautioned against jumping to conclusions before the trials have wrapped up and verdicts are handed down.
But they also acknowledged the inevitable: The public tends to paint all 213 state lawmakers with a broad brush when their leaders are facing trial.
"It's not good for anybody," said Senate Majority Leader John Flanagan, a Suffolk County Republican who succeeded Skelos. "I think our members in both houses in both parties try extraordinarily hard to be in the right place, not to get in harm's way, to maintain their integrity and to do the right thing for the people they represent."
The trials likely will touch upon the highest reaches of state government.
In a court filing last month, Silver's attorneys included a list of a few dozen high-profile people who may be called as witnesses or mentioned at trial. Among them: Gov. Andrew Cuomo and Chief Judge Jonathan Lippman, a longtime Silver friend.
Neither Cuomo nor Lippman is expected to be called to testify, and a pared-down list included on the final juror questionnaire included neither name. But the initial list illustrated the far-reaching impact of the case.
Among those who could find themselves on the witness stand is Robert Taub, a former Columbia University researcher.
Taub, who is cooperating with prosecutors, is a central player in the case against Silver. The indictment against Silver alleges Taub directed work to Weitz & Luxenberg, the high-powered personal injury firm that had paid Silver millions in referral fees. Silver, in turn, directed state grants toward Taub's well-respected mesothelioma research.
Also listed among the potential witnesses is Assemblywoman Amy Paulin, D-Scarsdale, Westchester County.
Paulin, who is not accused of any wrongdoing and plays no apparent role in the Silver case, said she's been told she may be called to testify in generalities about how the Assembly operates.
"My understanding is it hasn't been finally determined that I will testify, but I've been told that if I am called to testify, I will be an introductory witness on general Assembly procedure," Paulin said.
History finds that Silver and Skelos' fate may ultimately be not be decided on the trial court level.
In 2009, former Senate Majority Leader Joseph Bruno, R-Brunswick, Rensselaer County, was convicted on two counts of mail fraud. But after a Supreme Court ruling narrowed the law he was convicted under, Bruno was granted a new trial and was ultimately exonerated.
In 1991, then-Assembly Speaker Mel Miller, D-Brooklyn, was convicted on eight fraud charges. But the conviction was overturned on appeal.
Two other former Senate leaders also have been convicted in the past year: Malcolm Smith, a Queens Democrat who will soon report to prison for a seven-year sentence, and John Sampson, a Brooklyn Democrat awaiting sentencing. Former Senate Deputy Majority Leader Thomas Libous, R-Binghamton, is scheduled to receive his sentence Nov. 24, after which he may appeal.
Former Assemblyman Richard Brodsky, a Greenburgh Democrat who served in the chamber from 1983 through 2010, said the trials will affect the public's perception of Albany regardless of their outcome.
"Even if they're acquitted, it's a disaster for public confidence in the institution," said Brodsky, now a senior fellow at Demos, a left-leaning public-policy group. "People tend to believe where there's smoke, there's fire. And the acquittals tend to disappear while the underlying concerns get stoked."
At a glance
Sheldon Silver, D-Manhattan
Age: 71. Assembly member since 1977. Speaker from February 1994 to February 2015.
Charges: Mail fraud (2), wire fraud (2), extortion (2), money laundering
Accused of collecting $4 million in bribes, kickbacks disguised as referral fees from personal-injury and property-assessment attorneys.
Trial begins: Monday.
Dean Skelos, R-Nassau County
Age: 67. State senator since 1985. Senate Republican leader from June 2008 to May 2015.
Charges: Extortion (3), solicitation of bribes (3), conspiracy (2)
Accused of using his influence to get his son a job with a politically connected Arizona environmental firm and help direct a $12 million Nassau County contract the company's way. His son, Adam, also charged.
Trial begins: Nov. 16.