CLEVELAND Political party chief testifies

The trial resumes Tuesday, with a former county prosecutor and judge expected to testify next week.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- A contributor was unhappy, so the chairman of the Columbiana County Democratic Party says he intervened in a case now under the microscope in a bribery trial.
Dennis C. Johnson, 60, of Salem said his involvement began one night at The Upstairs Lounge in Austintown, a place he and other political figures frequented.
The bar is operated by the Saadey family, contributors to the Columbiana County party, Johnson testified Thursday in U.S. District Court here.
The government subpoenaed Johnson to testify in the racketeering trial of James A. Vitullo of North Jackson and Russell J. Saadey Jr., also known as "Champ," of Austintown.
Explanation: Vitullo once served as an assistant Mahoning County prosecutor and Saadey held the position of prosecutor's investigator. They are accused of being part of a case-fixing enterprise that involved the ex-Mahoning County prosecutor, judges and lawyers.
Johnson said he was approached at the bar by Saadey's father, who was upset by the treatment one of their "constituents" was receiving in Columbiana County. Russell Saadey then took over and filled in the details, Johnson testified.
At the time of the Johnson-Saadey discussions, in late 1994 and early 1995, Richard Silvestri of Warren faced a robbery charge with a gun specification in Columbiana. Testimony has shown that Silvestri and his family paid $40,000 to try to have the case fixed through Johnson, then-attorney Jack V. Campbell, Russell Saadey and his friend, Mitch Hulvalchick III of Boardman.
Of the $40,000, Campbell said $33,000 was returned when the case wasn't fixed. Campbell said he gave back $20,000 of the $24,000 he had and only $13,000 of the $16,000 Saadey had because Saadey said some had already gone to Johnson.
Gun matter: Under questioning by Thomas J. Gruscinski, an assistant U.S. attorney, Johnson testified that Saadey said Silvestri's gun charge wasn't right because it was a police officer's gun that fell into Silvestri's lap during a scuffle.
Saadey "asked if I could get Bob Herron to look into it," Johnson testified, adding that he did speak to Herron, the Columbiana County prosecutor.
"I told Bob Herron that I had a contributor unhappy with the way they were treating a constituent and asked him to look into the gun spec."
Johnson said he also called Gary Clark, the East Liverpool police chief, and explained to Clark that he'd already approached Herron about reviewing the case. The call to Clark was a "courtesy call," Johnson said in court.
Saadey would then call about every week and ask about Herron, Johnson testified. "I told him I hadn't talked to the prosecutor after the initial contact," Johnson said.
Several weeks later, Saadey called Johnson and told him Silvestri's van with all his work tools had not been released and Johnson said he'd call Herron, which he did, according to Johnson's testimony Thursday.
Vindicator files show that Silvestri eventually pleaded guilty to attempted bribery and to robbing a coin-operated laundry in East Palestine. The gun specification had been dismissed.
The following reflects statements Johnson made (concerning the time frame of the Silvestri case) when interviewed by the FBI in September 1998:
UAt a Democratic Party fund-raiser in April 1995, Saadey was "splitting tickets" with people who didn't have much money. Saadey would pay $75 of a $100 ticket for the person and the person's name, not Saadey's, appeared on campaign reports. Johnson estimated Saadey spent $1,400 this way. Aside from splitting tickets, Johnson said that Saadey bought $2,000 worth of tickets.
UFrom January to May 1995, Johnson would go to The Upstairs Lounge with friends and political candidates and Saadey would pay for the dinners and liquor bills. Johnson said this occurred in return for his assistance with the Silvestri case.
UWhen questioned at the grand jury (a month earlier) about gratuities, Johnson wasn't thinking of the dinners as gratuities.
UJohnson was unaware of an additional $500 Saadey might have given him related to the Silvestri matter.
The following reflects testimony Johnson gave Aug. 21, 1998, to a grand jury about the Silvestri case:
UJohnson told Clark the Saadeys were good contributors and that Herron wouldn't make a decision about dropping Silvestri's gun specification until he talked to Clark.
UJohnson asked Clark to look into the case and get back to Herron.
UClark indicated to Johnson that the police officers didn't have a problem dropping the gun specification and Johnson mentioned that to Herron at a function.
UIn Johnson's mind, increased donations from the Saadeys were not connected to Johnson's helping them with the Silvestri case.
UJohnson called Herron about Silvestri's vehicle and Herron said he'd look into it. Johnson learned later that the van had been released.
UJohnson is close to Herron, and Saadey felt that the relationship could result in the gun specification's being dropped.
Under cross-examination Thursday by Saadey's lawyer, David J. Betras, Johnson said what he did -- helping out a constituent -- wasn't unusual. Johnson said as Democratic Party chairman, he gets lots of calls.
"It's not unusual to hear, 'Hey, I got a guy jammed up -- can you look into it?'" Betras asked.
"No," Johnson answered.
Johnson, who works at the General Motors plant in Lordstown, also is a member of U.S. Rep James A. Traficant's staff.
The Vitullo-Saadey trial, which began Tuesday, will resume next Tuesday and last about two more weeks. The defense is trying to establish that government witnesses implicated the defendants to get reduced sentences.
The witness lineup next week includes James A. Philomena, former Mahoning County prosecutor, and Fred H. Bailey, a former county judge. Both pleaded guilty in the case-fixing enterprise.
Philomena is in prison. Bailey hasn't been sentenced.
meade@vindy.com