Sen. Libous arrives for trial's start
The trial of state Sen. Thomas Libous is the latest legal battle for a New York political figure caught in U.S. Attorney Preet Bharara's war on corruption.
It should also be the swan song of cooperation for Anthony Mangone, a disbarred Westchester lawyer and political fixer who has already helped Bharara's prosecutors convict two former state senators and an ex-councilwoman from Yonkers.
While not charged specifically with corruption, Libous is accused of lying to FBI agents when they questioned him about how his son Matthew landed a job at Mangone's firm. Jury selection gets underway Monday morning before U.S. District Judge Vincent Briccetti in White Plains. Libous arrived at the federal courthouse before 9 a.m. Monday.
The 62-year-old Binghamton Republican, a senator since 1988 and twice the deputy majority leader, has been in failing health, with prostate cancer that has spread to his spine. Whether the jury learns of his condition remains to be seen.
Prosecutors James McMahon and Benjamin Allee opposed any evidence about it, arguing it would only draw sympathy from jurors. But Libous' lawyer, Paul DerOhannesian, said that was not the intention. He argued it could become relevant because Libous' medical treatment may have affected his memory when he was questioned by the FBI. Briccetti reserved decision on the issue
Jurors will know Libous has medical problems. The judge approved physical accommodations as requested by the senator's doctor — including a padded seat so he can elevate his legs and the ability to get up and walk around every 30 to 45 minutes.
"He's got some serious health issues. It's not easy for him," DerOhannesian said. "He is very committed and very strong about his innocence and looking forward to trial, as difficult as it is physically to do this."
The Mangone connection
Mangone was indicted in early 2010 along with Yonkers Councilwoman Sandy Annabi and her political mentor, ex-Yonkers GOP Chairman Zehy Jereis, on bribery and other corruption charges. Mangone had passed tens of thousands of dollars from his clients to Jereis for Annabi to change her vote on a land-swap deal.
Mangone began cooperating, and his testimony helped convict his co-defendants while laying bare a litany of his own sins — a serious gambling habit; paying a candidate not to run for office; lying under oath in a 2000 vote-rigging scandal for which he was instrumental but never prosecuted.
He provided information that led to guilty pleas by his political mentor, longtime boss and beneficiary of the rigged votes, former state Sen. Nicholas Spano. Spano admitted guilt on tax-fraud charges. His information also helped bring down state Sen. Vincent Leibell, who got kickbacks from Mangone's firm after helping it get a contract for Putnam County legal work.
Mangone also told federal agents about Matthew Libous' 2006 hiring at the firm of Santangelo Randazzo & Mangone, claiming the senator had promised the firm work if it took on his son and then twice asked them to raise his son's salary. When the firm balked on an increase from $100,000 to $150,000, Mangone said, Libous told him they could bill the lobbying firm of Fred Hiffa, an associate of the senator's, for the extra $50,000.
The Libous case
Libous was not charged with any wrongdoing related to his son's employment. But when FBI agents questioned him in June 2010, he told them he could not recall how his son got the job, which led to his indictment last year.
He allegedly claimed that no deals were made for the job; that he hadn't promised to refer work to the firm; that he wasn't involved in his son's decision to work there; that he didn't know Hiffa's firm paid part of the salary; that he had no business or personal relationship with the firm; and that he didn't know of any relationship between the law firm and the lobbying firm.
Matthew Libous was caught up in the probe and indicted on unrelated tax charges. Briccetti convicted him on three counts. The start of a six-month prison term was delayed until later this month so the younger Libous could attend his father's trial.
DerOhannesian declined to discuss defense strategy and said it was far too early to say whether the senator or his son would take the stand.
It was also unclear which of Mangone's former partners, if any, would testify. One of them, Michael Santangelo, is believed to have gotten immunity after acknowledging that he failed to report cash income on tax returns.
Mangone pleaded guilty in the Yonkers case and to unrelated tax-evasion charges. The Libous case is the last for which he provided cooperation and he is expected to be sentenced in the fall.
Libous is one of several Albany politicians charged by Bharara's office in his effort to clean up Albany.
Former Senate Majority Leader Malcolm Smith was sentenced to seven years in prison for trying to bribe his way into the Republican nomination for New York City mayor. And Assemblyman Eric Stevenson was sentenced to three years for taking $20,000 in bribes.
And this year, Assembly Speaker Sheldon Silver and Senate Majority Leader Dean Skelos were indicted in separate cases.