TRAFICANT CASE Judge rejects motions on witnesses, scheduling

The judge has scheduled a status conference for next week.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- A federal judge has rejected U.S. Rep. James A. Traficant Jr.'s requests to suppress the testimony of witnesses who have plea agreements and to have his racketeering case revolve around his congressional schedule.
In an order made available Friday, U.S. District Judge Lesley Brooks Wells rejected the 17th District congressman's contention that it is illegal to have the government recommend reduced sentences for witnesses who testify.
She said he made the identical argument in September when he tried, without success, to have Craig S. Morford, an assistant U.S. attorney, thrown off the case, saying the plea agreements amounted to bribery.
The judge said Traficant's motion, filed in October, offered nothing new, that he simply reintroduced the same claims in a different context.
Legislative schedule: In a separate order, Judge Wells rejected Traficant's request that she grant him continuances whenever there is a conflict between the court's schedule and his responsibilities in Washington, D.C.
Judge Wells said in her order that the case law Traficant cited was not relevant. He cited four constitutional issues: arrest clause, speech or debate clause, separation of powers doctrine and the Sixth Amendment (rights in criminal prosecutions).
Traficant, like every other government official, Judge Wells said, is subject to the criminal laws that apply to all members of our society.
"Although the court has, whenever possible, scheduled proceedings in this case for 2 p.m. on Fridays in an effort to avoid conflict with the usual congressional schedule, such scheduling cannot accommodate trial proceedings," Judge Wells said in her order.
Traficant's racketeering trial is Feb. 4, and he will represent himself. His co-defendant, Richard E. Detore of Clifton, Va., is charged with conspiracy to bribery. Traficant was indicted in May and Detore was added to the case in late October.
What's next: Judge Wells scheduled a status conference for 2 p.m. Friday to make sure the trial is on track and to deal with Detore's need for a lawyer. If he doesn't have one by then, the judge will discuss the need to appoint counsel for him.
The conference will also determine if either defendant wants to plead guilty. If not, the judge will ask whether they want to proceed to trial without a jury.
meade@vindy.com