As the trial of Jim Smith began Tuesday, the district attorney's office said he tried to cover up the actions of Robert Morone as part of the ROBUTRAD investigation.

Smith faces six misdemeanor counts of official misconduct. The charges stem in part from how Smith responded to alleged transgressions by Monroe County contractors, including some workers who went to a local strip club while on the clock.

The prosecutor in the case said Smith gave them a verbal reprimand, but took no further action.

In opening arguments, prosecutor William Gargan said Smith in his actions chose Republican party loyalty over duties as a public servant. "When you choose to serve the public, you have to act in the best interest of the public, not the party," said Gargan.

Smith's defense attorney Joe Damelio said Smith was involved in party politics, saying it comes with the territory, but he didn't owe anybody anything.

He also told jurors to keep an open mind during the trial.

The first witness called was John Graham, former director of environmental services for Monroe County, who reported directly to Jim Smith.

Morone managed ROBUTRAD, a group of skilled union contractors for the county. Graham testified these workers didn’t play by the same rules. It appeared they were spending large amounts of money to do small amounts of work, both in labor and materials, he told jurors. It was also hard to track where the workers were.

Graham testified that he expressed his concern to Smith three or four times, saying it was his responsibility to keep them accountable. But, despite bringing up his concerns, nothing was done, Graham said.

Then in May of 2007, Graham was called to Smith’s office, where Smith expressed his concern over Graham’s management review of Bob Morone. “I want Bob Morone to be comfortable,” Graham testified that Smith said more than once.

After that meeting, Graham said he was increasingly left out of meetings. Having been with the county since 1972 he felt left out, and left the county at the end of 2008, sending a letter of resignation to Maggie Brooks.

Under cross-examination, Damelio questioned Graham about his positive comments on a review of Morone in 2006 and 2007, effectively “signing off” on positive reviews of Morone’s work.

The next witness, John Nitti, supervisor of facilities maintenance, knew Robert Morone from fundraising events and parades. Nitti testified he had concerns about ROBUTRAD workers and their whereabouts. He told Smith that Morone and his crew were going to a strip club. Smith eventually went to the club and told Morone and his crew to get out.

Next up was Joel Horowitz, one of the ROBUTRAD workers who was eventually arrested and fired. He testified that many of the workers at the strip club were drinking, and that the ROBUTRAD workers frequently did work for non-county jobs, including work for Irene Matichyn.

The list of possible witnesses in this case includes Monroe County Executive Maggie Brooks, who reported allegations of wrongdoing by county contractors to authorities.

Former County Executive Jack Doyle is also on the list, along with several high-ranking county officials.

Sheriff Patrick O'Flynn is also a possible witness. His department conducted the initial investigation, which led to the arrest of more than a dozen county contractors who were hired through ROBUTRAD. Those workers were accused of being paid thousands of dollars for work never completed, and for doing work for several county and Republican Party officials while on the clock.

Other potential witnesses may include: current Deputy Monroe County Executive Dan Delaus, Monroe County Human Resources Director Brayton Connard, Monroe County Budget Director Susan Welch, Monroe County Undersheriff Gary Caiola, Monroe County Clerk Cheryl Dinolfo, and Monroe County Elections Commissioner Peter Quinn.

Smith stepped down from his post as Deputy County Executive in April of 2009, citing family reasons.

Monroe County