CLEVELAND Detore wants separate trial

The judge can also consider that the congressman wants to go it alone, too.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Among the list of reasons U.S. Rep. James A. Traficant Jr.'s co-defendant gives for wanting a separate trial is a prediction that the congressman will continue outrageous antics in court.
If U.S. District Judge Lesley Brooks Wells needs proof beyond what she's already seen since the 17th District congressman's indictment in May, counsel for Richard E. Detore directs her to a Web site. The New Republic Web site includes a story that vividly depicts Traficant's wild behavior when he represented himself at a bribery trial in 1983.
"This court has already witnessed the indecorous behavior exhibited by defendant Traficant in the courtroom, including his unprovoked and unpredictable outbursts directed at counsel for Mr. Detore," said John M. Dowd, Detore's Washington, D.C., lawyer. "One need only look at Mr. Traficant's self-representation in his 1983 federal criminal trial to forecast the nature and form of the defense Mr. Traficant will mount."
In 1983: Although not a lawyer, Traficant, Mahoning County sheriff in 1983, won acquittal by convincing jurors that he took mob bribes in a one-man "sting" during his 1980 race for sheriff.
Dowd's comments are contained in a 16-page motion and memorandum filed Friday in U.S. District Court that asks Judge Wells to sever Detore from the Feb. 4 trial. Although Traficant was indicted May 4, Detore wasn't added until Oct. 26 in a superseding indictment and didn't hire Dowd until Dec. 18.
"Traficant will make every effort to use the courtroom as his pulpit and will turn his trial into a highly publicized circus," Dowd said in his motion. "... His antics and the media attention they will capture will undoubtedly dominate the case, such that Mr. Detore's ability to mount his own separate defense will be utterly thwarted."
While Traficant faces 10 counts, including racketeering, bribery and tax evasion, Detore, a 41-year-old Clifton, Va., engineer, is charged only in Count 3, conspiracy to violate the federal bribery statute.
Lawyer wants time: Dowd said he needs time to prepare Detore's defense.
The lawyer noted that at a Dec. 21 status conference, Traficant made an oral motion to be tried alone. Outside court, the ninth-term congressman said it wasn't fair to have Detore included in the trial and referred to him as a "nice guy."
Before the conference, Dowd had filed a motion to continue the trial at least 60 days. He cited his need to adequately prepare a defense.
Craig S. Morford, an assistant U.S. attorney, told Judge Wells at the conference that the trial should go forward as planned with both defendants. He said Detore created his own predicament by waiting nearly two months to get a lawyer.
Dowd, in his motion filed Friday, said the cumulative impact of the evidence against Traficant will "cast an impenetrable shadow of guilt upon Mr. Detore." Furthermore, Traficant's inappropriate behavior -- "which will be on constant display before the jury ..." -- will unfairly prejudice them against Detore simply through his association with the congressman.
Witness: Traficant, Dowd said, may be needed as a witness for Detore's defense, which couldn't happen if they stand trial together.
The cases were improperly joined by the government, Dowd said, providing Judge Wells with 10 pages from an appeals case that dealt with severance of defendants.
Detore, when chief operating officer of U.S. Aerospace Group in Virginia, took part in a scheme to bribe the congressman, the government said. In return, the 60-year-old congressman used his influence to promote USAG laser-guidance technology.
J.J. Cafaro, of the mall development family, was affiliated with USAG and has pleaded guilty to bribing Traficant with nearly $40,000 -- including cash and the purchase of the congressman's houseboat. Cafaro is among the businessmen expected to testify for the government.
meade@vindy.com