Bruno's appeal argued before three federal judges - WXXA

UPDATE:

Joe Bruno was back in a federal courtroom Friday, as his lawyers and the government argued their cases for and against an appeal of his conviction.

Headed into court in New York City, as he has throughout this process,�Bruno said he was confident justice will be done, but he also told FOX23's Walt McClure as he got a new day in court that he is exasperated and frustrated after dealing with years of government investigation and a trial.

For about 45 minutes on the 9th floor of the Daniel Patrick Moynihan US Courthouse in Lower Manhattan, both sides in the Joe Bruno case made their arguments before a 3-judge panel that will decide Bruno's fate.

On his way into court,�Bruno striding briskly down the sidewalk with son Ken alongside - stopping to tell reporters he remains hopeful.

?I feel good about it,? says Joe Bruno. ?I have great confidence in the justice system.?

Inside, three judges of the United States Court of Appeals for the Second Circuit listened and intently questioned both sides about whether to vacant the former Senate majority leader's two honest services fraud convictions.

Bruno attorney Abbe Lowell arguing that prosecutors want to keep the possibility of a retrial under a theory of bribery and kickbacks that was never introduced at the original trial.

Judge Denny Chin asking Lowell, ?Aren't many of the facts that would support bribery written into the indictment??

Judge Edward Korman telling Lowell, ?I think a jury could conclude there was bribery here. Whether it was written into the indictment is another story.?

Assistant US Attorney Elizabeth Coombe said the government agrees Bruno's convictions should be overturned - but said they feel they have evidence to recharge him for bribery and kickbacks.

Judge Barrington Parker asking Coombe, ?Why shouldn't you be stuck with the case you chose to try??

Coombe's response: ?The case we tried and the evidence we presented is sufficient enough to establish quid pro quo.?

After court, Lowell said he hopes the court finds prosecutors had their chance.

?Judges ask questions for a variety of reasons, but it helps get to the core issues. I felt like they got to the core issues,? says Abbe Lowell.

Coombe's told Walt McClure off-camera, ?The judges were obviously well-prepared and carefully considered the arguments. We look forward to hearing their decision.?

So, too, does the now 82-year-old Bruno.

?I'm confident that justice is going to be served and that we're going to be ok and I just can't wait to get it behind me,? says Bruno.

Based on previous decisions, it could be anywhere from 4 weeks to 6 months before the judges issue their decision in this case.

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