Prosecutors look to retry former senator

ALBANY -- A federal appeals court in Manhattan will hear arguments today on whether former Senate Majority Leader Joseph L. Bruno should be retried on corruption charges in the wake of a U.S. Supreme Court ruling that gutted the law under which he was convicted in 2009.

The Court of Appeals for the 2nd Circuit will give 12 minutes to both Bruno's defense team and federal prosecutors from Albany to make their cases starting at 10 a.m. at the Daniel Patrick Moynihan U.S. Courthouse.

A year ago, the Supreme Court reversed elements of the conviction of Enron chief executive Jeffrey Skilling for violating the "honest services" fraud statute. The justices found the law unconstitutionally vague.

Bruno's attorneys say the prosecution "cannot get a 'do-over' simply because it got the law wrong."

Federal prosecutors agree while the conviction should be tossed because of the high court, ample evidence exists to try the former senator again in the case.