NEW YORK - Prosecutors painted Joseph Percoco as Gov. Andrew Cuomo's right-hand man, an aide so close to the Democratic governor that getting a phone call from him was like speaking to Cuomo himself.
Percoco's attorney had a different take: He was a passionate, career public servant who is being punished for doing simple, legal favors for a fishing buddy and other friends.
So went opening statements Tuesday in the bribery trial of Percoco, the Westchester enforcer who spent two decades as Cuomo's trusted confidant, aide and campaign manager.
Percoco, 48, of South Salem, is accused of accepting more than $300,000 in bribes from Syracuse-area developer COR Development and Maryland-based energy company CPV, companies that prosecutors say leaned on him to remove bureaucratic obstacles or take action to benefit them financially.
Prosecutors from the U.S. Attorney's Office and defense attorneys for Percoco and his co-defendants — COR founders Steven Aiello and Joseph Gerardi and former CPV executive Peter Galbraith Kelly — made their opening cases over three hours Tuesday morning in front of District Judge Valerie Caproni at the Thurgood Marshall U.S. Courthouse in Manhattan.
The lawyers laid out opposing views on whether the case amounts to a brazen bribery scheme, as prosecutors allege, or just friends trading simple, legal favors, as the defense contends.
Case by authorities
Federal prosecutor Robert Led Boone began his 32-minute opening statement at the Thurgood Marshall U.S. Courthouse in Manhattan by telling jurors the case was about "corruption, the old-fashioned kind."
He then walked directly over to Percoco, pointing to his face and telling jurors he was Cuomo’s “right-hand man.”
The prosecutor repeatedly emphasized Percoco’s closeness to Cuomo, calling Percoco a “powerful man” whose phone calls to state employees spurred immediate action.
Boone said Percoco was in need of money after purchasing a costly home in South Salem, which stretched his finances as a public official.
“When (Percoco) decided he wanted to make more money, he decided to sell the most powerful thing he owned: His job, his power and influence,” Boone said as he faced the jury.
The prosecution's case against Percoco alleges COR and CPV paid his wife through middlemen to avoid detection. CPV provided Percoco's wife with what prosecutors say was a "low-show," $7,500-a-month job.
Percoco, meanwhile, allegedly took actions to benefit the two companies, including pushing the state to remove a labor agreement requirement that would have cost COR significant money.
Defense's case
The defense argued Percoco had no influence over the real-estate and energy issues at the center of the case, arguing he was just a public official who was trusted by Cuomo because of his attention to detail.
Percoco’s attorney, Barry Bohrer, made the case Percoco is a “human being” who is passionate about public service and the victim of an "unwarranted prosecution."
In a showy, 50-minute opening statement, Bohrer took aim at the prosecution’s star witness: Todd Howe, a lobbyist and one-time aide to Cuomo who has already pleaded guilty to multiple felonies related to the case and is cooperating with the prosecution.
Calling Howe a "walking breach of contract," Bohrer said Howe was once a friend and mentor to Percoco but is now trying to harm Percoco in order to reduce his own sentence.
He emphasized Howe's history of lying to friends, clients and the authorities, pointing out that he doctored emails to Kelly to make it look like Percoco was taking an interest in issues related to his company.
Bohrer accused prosecutors of falling for "Howe's House of Lies," as he put it.
"Joe Percoco is a human being, and as a human being you will hear that he's not perfect, that's he's made mistakes," Bohrer said. "But those mistakes do not amount to a federal crime."
Lengthy trial
Percoco is facing seven felony charges related to the alleged scheme, including extortion, conspiracy and solicitation of bribes.
His co-defendants are also facing felony charges. Their attorneys proclaimed their innocence during their own statements to the jury Tuesday.
The jury was seated Monday and the trial is expected to four to six weeks.
Prosecutors and the defense spent much of Tuesday afternoon examining Percoco's finances, laying out disparate views about whether he and his wife were struggling to pay for their South Salem home, which they purchased in August 2012.
The home is central to the prosecution's case, which argues Percoco sought to pad his salary in part to cope with a $4,200-a-month mortgage.
The prosecution's first witness was Mollie Brewster, an FBI investigator who examined Percoco's bank accounts.
A chart compiled by Brewster showed the Percocos had money flow issues, earning less pay than their monthly expenses.
Percoco attorney Michael Yaeger tried to dispute that the Percocos had money troubles, repeatedly questioning Brewster about their total bank balance, which had increased from $48,000 in January 2012 to $63,000 in November 2012 despite the apparent cash flow disparity.
Caproni was not amused with Yaeger's cross-examination, urging him to wrap up after he repeatedly made his point about the bank balances.
"Seriously, you have beat this puppy to death," Caproni said. "The jury understands you have balances and you have expenses. Move on to a new subject."
Closeness to Cuomo
Percoco was a brother-like figure to the governor over the years, with Cuomo rarely appearing in public without him by his side.
Once a young aide to former Gov. Mario Cuomo, Percoco followed the younger Cuomo to the U.S. Department of Housing and Urban Development in the late 1990s before following him back into state government in the 2000s.
Andrew Cuomo has not been implicated in the case and is not accused of wrongdoing. But the case threatens to shine a harsh spotlight on Cuomo's administration in a year where he will seek a third term.
Linda Lacewell, a longtime Cuomo aide who is now his chief of staff, had been expected to testify Tuesday afternoon.
By 5 p.m., Brewster was still on the stand, likely pushing Lacewell's testimony to Wednesday.