TRAFICANT CASE Judge rejects motion to dismiss

The judge wrote that the congressman misread a court decision.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
CLEVELAND -- U.S. Rep. James A. Traficant Jr.'s motion seeking the dismissal of his 10-count criminal indictment is unconvincing and without merit, according to the federal judge overseeing his case.
Traficant of Poland, D-17th, filed a motion Oct. 17 asking U.S. District Court Judge Lesley Brooks Wells to throw out the case because the court lacked "jurisdiction or the authority to try the defendant ... in light of the defective/deficient indictment." Federal prosecutors filed a motion a day later rebuffing Traficant's claims.
Judge Wells agreed with prosecutors and filed an order Tuesday rejecting Traficant's argument. In her two-page decision, the judge said Traficant misread a court decision he cited and that his motion has no merit.
Contentions: Traficant contended in his October filing that the indictment violated federal laws such as it did not list any specific offenses regarding a racketeering charge against him, the grand jury that indicted him was never told about his potential prison sentence, and the indictment did not "contain all of the elements of the offense" including providing him "with notice and protection from double jeopardy."
In response, prosecutors said Traficant was not reading the law correctly and his motion did not raise any new legal issues.
Judge Wells rejected Traficant's argument about not listing specifics on his racketeering charge, saying 11 offenses were listed for that count. His other arguments, the judge wrote, are wrong because he misread a U.S. Supreme Court decision.
Charges: Traficant, a nine-term congressman, faces 10 felony counts including racketeering, bribery and tax evasion. Federal prosecutors contend he accepted money, gifts and free labor from businessmen for helping them in his official capacity as a congressman.
Also, prosecutors say Traficant required money and free labor from his staffers.
Traficant, who is defending himself even though he is not a lawyer, is scheduled for a status conference at 2 p.m. Friday. His trial is set for Feb. 4.
The judge last week rejected Traficant's requests to suppress the testimony of witnesses who have plea agreements and to have his racketeering case revolve around his congressional schedule.
skolnick@vindy.com