As expected former state Senate Majority Leader Joe Bruno’s attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft of honest services statute under which he was convicted has been invalidated by the US Supreme Court.

The attorneys argue that the government “rolled the dice” in its case against Bruno and “cannot get a ‘do-over’ simply because it got the law wrong.”

The feds have said they should be allowed to take another crack at the former Rensselaer County Republican by filing a superceding or new indictment against him using a different legal arguement this time around.

But Bruno’s attorneys say the government is barred under the double jeopardy close of the Constitution from pursuing any additional chares.

Bruno Appeal 12/23/10