The Bronx jury that convicted a friend of jailed former Police Commissioner Bernard Kerik on Friday stunned the courtroom yesterday by acquitting the pal’s business-partner brother.
Frank DiTommaso shook his head and was near tears when his not-guilty verdict was read — while his brother Peter, sitting in the second row, started crying.
Both brothers were charged with lying in 2006 before a grand jury that was looking into lavish renovations of Kerik’s co-op in Rivderdale.
The brothers denied doing the work, which included installation of new walls and floors and the addition of a Jacuzzi.
Kerik admitted later that he got the renovations as a kickback for his help in greasing wheels for lucrative contracts. The brothers’ construction company had allegedly been under a cloud because of suspected mob ties.
In October, Kerik, who is serving four years at a federal prison in Maryland, was escorted to Bronx state Supreme Court to testify in the brothers’ trial.
He was allowed to trade his handcuffs and jail jumpsuit for a dark business suit and red and blue tie.
On the stand, a clearly uneasy Kerik struggled with answers, often replying, “I don’t recall” and “I have no idea” to a prosecutor’s questions.
But he contradicted his previous testimony, saying a contractor, not the brothers, was responsible for more than $250,000 in free renovations.
Defense attorney Cathy Fleming suggested that the reason he admitted wrongdoing earlier was to make the scandal go away.
“You pleaded guilty because you thought that would end it and allow you to move on with your life,” she said.
“Yes, ma’am,” Kerik answered.
The same jury convicted Peter DiTommaso of two counts of perjury on Friday. He faces up to seven years prison.
Jurors heard the same testimony against Frank DiTommaso, who faced one court of perjury, but reached a different verdict.
After his acquittal yesterday, Frank DiTommaso said, “I feel terrible that the jury convicted my brother. I feel terrible. But at least it’s over for now.”