Two lawyers at the corruption trial of a former top aide to Gov. Cuomo got scolded by the judge Tuesday morning for acting like little kids during testimony from the prosecution’s star witness.
“I will tell both lawyers: it better never happen again,” Manhattan federal Judge Valerie Caproni said before the start of proceedings against Joseph Percoco and three co-defendants.
“There is a reason I’m a lawyer and not a nursery school teacher.”
Caproni lowered the boom after Assistant US Attorney Janis Echenberg complained about an “interaction” Monday during which Richard Morvillo, who represents lobbyist-turned-cooperator Todd Howe, told defense lawyer Steven Coffey “to lower his voice” while Howe was on the witness stand.
Howe has pleaded guilty to serving as the middleman in a scheme to steer more than $300,000 in bribes to former Cuomo aide Joseph Percoco from execs at two companies doing business with the state.
“Based on what happened yesterday I would ask that he not be allowed to sit there because he speaks loudly and in the earshot of the jury,” Echenberg said of Coffey.
Coffey — who represents defendant Steven Aiello, a co-founder of Syracuse-based COR Development Co. — didn’t reveal what he had said, but told the judge: “It’s a private conversation with someone next to me. I didn’t expect the jury to hear it.”
Morvillo accused Coffey of “trying to inflame” the jury with his remarks.
“I believe the jury probably heard it,” Morvillo added.
“I don’t think it’s appropriate for him to poison the jury.”
Caproni said she would let Coffey and Morvillo continue sitting behind the courtroom lectern near the jury box, but warned Coffey: “You may not talk.”