CLEVELAND TRIAL Ex-lawyer details case-fixing

The former lawyer testified that he paid to fix 30 to 35 cases in a four-year period.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Some dirt excavated in a case-fixing trial landed on the owner of B.J. Alan Fireworks and some on the chairman of the Columbiana County Democratic Party.
Under questioning in U.S. District Court by Thomas J. Gruscinski, an assistant U.S. attorney, Jack V. Campbell of Canfield explained to the jury in a polite, soft voice how certain cases came his way and how they were fixed.
The testimony included information about Bruce Zoldan, the fireworks company owner, and Dennis Johnson, the Columbiana Democratic Party chairman.
Campbell surrendered his law license last year. In 1999, he pleaded guilty to bribing James A. Philomena, former Mahoning County prosecutor, and James A. Vitullo, 45, a former assistant county prosecutor from North Jackson.
Part of plea agreement: For five hours and 21 minutes Wednesday, Campbell answered questions in the racketeering case against Vitullo and Russell J. Saadey Jr., 46, known as Champ, a former prosecutor's investigator from Austintown. Campbell is obligated to be a government witness as a provision of his plea agreement.
It was Campbell's first time as a witness because all those he helped the government bring down since January 1998 reached plea agreements. The trial began Tuesday.
A year ago, Campbell, 46, because of a family situation, received four years' probation instead of prison, with the first 16 months on electronically monitored house arrest. He now works in his family's business, Iannazone's Pizza in Canfield.
Tells of cases fixed: Campbell, aided by bank statements he said the FBI asked him to mark with clients' names, rattled off a series of cases he paid to have fixed, mostly through Vitullo at Mahoning County Area Court in Austintown. Campbell estimated that, overall, he paid Vitullo $7,000 to $10,000 from 1994 to 1996.
The ex-lawyer said he likely paid to fix 30 to 35 cases in all from 1992 through 1996. "I kinda fell into a trap. I heard other attorneys talk about [fixing cases] and I did it," he said.
Saadey, Campbell said, steered clients his way who could afford to pay big fees, and Saadey also collected cash himself.
Bribes: Campbell testified that he paid bribes to Philomena (amount not stated); bondsman Lou Buccilli ($300 to $1,200 three to five times); former judges Patrick V. Kerrigan ($5,000 to $6,000 for four to six cases); Andrew Polovischak Jr. ($5,000 for five or six cases); and Martin W. Emrich ($2,500 for three cases).
Campbell said that at Christmastime he would give former judge Fred H. Bailey "a couple of hundred dollars" because Bailey went along with the case-fixing in Austintown.
All the judges have pleaded guilty.
Democratic chairman: When Gruscinski's questions to Campbell turned to Richard Silvestri's robbery case in Columbiana County, the name of Dennis Johnson, Democratic Party chairman there, popped up.
Silvestri and his family, of Warren, came up with $40,000 to fix the common pleas court case, which ultimately wasn't fixed; most of the money was returned.
Johnson also is a member of U.S. Rep. James A. Traficant's staff. The 17th District congressman's own racketeering trial is set for Feb. 4.
Campbell testified that Saadey said he knew the Democratic Party chairman -- "Johnson or Jackson" -- could talk to the prosecutor and "smooth things."
Gruscinski asked if a fee was discussed.
Campbell responded that his lawyer fee was $24,000 and Saadey said his friend, Mitch Hulvalchick III of Boardman, received $16,000 from the Silvestri family. A state case against Saadey and Hulvalchick in Columbiana was dismissed after Saadey's indictment.
The federal prosecutor asked how the $16,000 bribe would be split.
Between Hulvalchick, Saadey and Johnson, Campbell answered, still referring to the Democratic Party chairman as "Johnson or Jackson."
Fell through: Campbell said he promised Silvestri the outcome would be probation or a minimal jail sentence, which is what Saadey indicated would happen. Campbell said that when the fix didn't take place as planned, he felt bad and made arrangements to return the money he had and the $16,000 Hulvalchick had collected.
Saadey, though, said some of the cash had already been given to "Johnson/Jackson, that Democratic Party person," Campbell testified. Eventually, Saadey returned $13,000 to Campbell for Silvestri, Campbell said from the witness stand.
Under cross-examination, Saadey's lead attorney, David J. Betras, grilled Campbell about Zoldan, owner of B.J. Alan Fireworks in Youngstown. Campbell once worked for Zoldan but left after having an affair with Zoldan's brother's wife, Betras established through questioning.
Judge's rebuke: Betras, pacing erratically, waving his arms and using a vitriolic line of questioning in a loud, angry tone, drew a rebuke from Judge Kathleen M. O'Malley.
"It's going to be a long three weeks for your voice and our ears. Get back to the podium. Get your voice down," the judge told Betras.
Just minutes before, the judge had called Betras and the other lawyers to the bench for a private conference and, with angry gestures and words, chastised Betras for pursuing a line of questioning she had -- three times -- told him to stay away from. Betras had been asking Campbell about FBI Special Agent Tony Speranza's persistence in getting something on Saadey.
Courtroom watchers who have seen Judge O'Malley in action the past four years had never witnessed the anger she unleashed on Betras. He more or less took it in stride and continued, with a somewhat lower voice.
Betras asked if Campbell saw Zoldan bribe Billy Phillips, a state fire marshal.
"Yes, I did," Campbell answered.
Betras asked if Zoldan funneled money through Campbell for the Joel Hyatt campaign.
Campbell said, "Yes, $10,000."
Statements made to FBI: The following reflects statements Campbell made during FBI interviews in 1998:
* Zoldan gave a house party for Mike DeWine, who was running for Ohio Senate and, to have both sides covered, asked Campbell to have a house party for Joel Hyatt, DeWine's Democratic opponent. Zoldan had Campbell give $10,000 to Hyatt, then Zoldan repaid the money to Campbell.
* Zoldan had been close with state Sen. Harry Meshel and gave Meshel big donations. Zoldan said he gave a lot of money to Meshel and there were times when Zoldan took Meshel to various places, such as the 49ers game in London, England.
* Zoldan and Phillips became very close, and Campbell saw Zoldan give Phillips an envelope (which Campbell understood to be a bribe) at a New Castle restaurant.
Betras, meanwhile, asked Campbell if he paid Philomena to fix the case against Govind Thakkar, a former Mahoning County employee charged with theft. Campbell said he did.
Betras pointed out that Thakkar was referred to Campbell by Gary Kubic, county administrator.
"My point is that a lot of reputable people referred clients to you," Betras said, noting that Saadey had referred clients to Campbell.
Lawyers for Vitullo and Saadey contend Campbell and others implicated the defendants by supplying the FBI with bogus information to receive reduced sentences. The prosecution witness list includes Philomena, several lawyers and at least one judge, all of whom pleaded guilty to case-fixing.
meade@vindy.com