Lawyer: Phony lie tests helped

A retired county judge who took bribes was expected to testify today.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Aside from paying to fix cases in Mahoning County, Boardman attorney Lawrence J. Seidita says he had a crystal ball that predicted the outcome of his clients' lie-detector tests.
The crystal ball turned out to be Youngstown attorney Peter J. Bozanich, who had a sideline business as a polygrapher.
Seidita testified Wednesday in U.S. District Court that he paid Bozanich $400 to $500 for phony polygraph tests. Seidita said he also paid Bozanich for legitimate tests.
The topic surfaced during Seidita's testimony in the racketeering case against James. A. Vitullo, a former assistant county prosecutor, and Russell J. Saadey Jr., a former prosecutor's investigator, who is known as "Champ."
Bozanich last made news when he cooperated with the FBI against Patrick V. Kerrigan, convicted of extortion as Youngstown municipal judge in 1998. Kerrigan complained bitterly that Bozanich, one of the lawyers who bribed him, faced no criminal charges.
In February, Bozanich's law license was suspended by the Ohio Supreme Court related to his dealings with Kerrigan but no criminal charges were filed.
What took place: Thomas J. Gruscinski, an assistant U.S. attorney, showed Seidita 10 DUI case files from county court in Austintown and asked after each one who the lawyer paid for the fix. "Mr. Vitullo," came the reply each time.
When Michael N. Kolic of Girard testified about a 1995 DUI, his third, he said he paid Seidita $5,000 in cash to "take care of the case." The lawyer sent him to Bozanich for a polygraph.
"It took less than five minutes," Kolic said.
Kolic later showed up at Austintown court and Seidita told him to "walk in and not say a word." Judge Fred H. Bailey took about 30 seconds to drop the charge, Kolic said.
Bailey, who pleaded guilty to taking bribes from Vitullo and others, was expected to testify today.
Seidita said Bozanich had provided a letter to Bailey that said Kolic answered questions about the DUI truthfully. Kolic had contended that a woman he met in Akron drove his car, wrecked it in Austintown and left the scene, leaving him to take the blame for driving drunk.
"Did you know the result before the test was given?" Gruscinski asked Seidita.
"Yes. I told Pete Bozanich what I wanted the result to be," Seidita said.
Questions from defense: Maridee L. Costanzo, one of Vitullo's lawyers, wondered why the need for a polygraph, if, according to Seidita, he could bribe Philomena, Vitullo or Bailey.
"To make the case look better, make it easier," Seidita answered.
Costanzo also wanted to know if Seidita found it easier to fix cases than to try them.
"After a while, it got easier to fix 'em," he said.
"Greed? Laziness?" she asked.
"Sure. Without question," he said.
Costanzo belabored the difficulty Seidita had in recalling which cases he fixed and how much he paid each time.
He said looking at case files brought to him by the FBI helped refresh his memory. As far as the money, he said he paid Vitullo from $400 to $1,000 to fix a DUI but couldn't recall the exact amount for each situation.
Seidita, 54, received a 16-month sentence a year ago, which the judge split between incarceration and house arrest. He's admitted bribing Vitullo, Bailey, former Prosecutor James A. Philomena and ex-Judges Andrew Polovischak Jr. and Martin W. Emrich. Bailey hasn't been sentenced; Polovischak and Emrich are in prison.
Earlier in the day, Robert E. Harvey Jr. and Frank Amedia told the jury how they took part in a scheme to fix an odometer rollback case in 1994 for $200,000.
Harvey and Phillip Courtney once owned Courtney-Harvey Ford Mercury in Canfield. They lost the dealership after being convicted in the odometer rollback scheme.
Harvey's close friend, Amedia, served as chief executive officer of Forte Industries, a window manufacturing company on Albert Street in Youngstown. He retired to Miami in May 2000.
Other testimony: The $200,000, Harvey and Amedia said, was solicited by and given to Champ Saadey and his uncle, Anthony Saadey. Anthony Saadey owns Mr. Anthony's, a banquet facility in Boardman, and Anthony's on the River, a restaurant in downtown Youngstown.
The Saadeys collected the money for Philomena, county prosecutor at the time, to fix the case, according to Harvey and Amedia.
Philomena, now in federal prison, testified Tuesday that he got $34,000, a third of what he believed was a $100,000 bribe. Neither the prosecution nor the defense has explained yet where the extra $100,000 went.
Amedia, who sat reading a Bible until called to testify, acknowledged that he had been provided immunity. Anything he said about his part in the criminal bribery scheme cannot be used against him.
Harvey did not have immunity.
Harvey said the first agreed amount of the bribe was $125,000. Harvey said he and Courtney managed to get roughly $75,000 in cash for a partial payment, which the Saadeys picked up at the dealership.
The money, in a bag, was slipped under the seat of Anthony Saadey's Mercedes, Harvey testified. Before the final payment could be made, Harvey said Champ Saadey told him that Philomena wanted $200,000.
Harvey, Courtney and a car salesman friend from Pennsylvania then flew to Atlantic City and "maxed out" their credit cards at a casino to come up with the balance of about $84,000. They stuffed $41,000 they had collected before the trip in the nose cone insulation of the private plane, Harvey said.
When they returned, Amedia took the money to deliver to the Saadeys, Harvey said. Amedia said Champ Saadey picked up the bundle of cash at the window company on Albert Street.
Amedia said he met with Champ Saadey at The Upstairs Lounge in Austintown when the deal was being worked out.
Champ Saadey described Philomena as an evil man who had to be paid "or he will bury you," Amedia said.
What was unexpected: Once the money was paid, Courtney and Harvey were indicted on 32 felony counts. It was not what they had expected for $200,000.
Harvey said the Saadeys had led him to believe that minor misdemeanor charges would be filed against the dealership and he and Courtney would receive a "slap on the wrist."
"I couldn't believe it. I paged Champ and asked what the hell's going on?" Harvey said in court. "He said 'Don't worry. Don't panic. This is part of the program. It had to be visible for the press.'"
The first plea agreement Courtney and Harvey worked out with their corporate lawyer was rejected in Mahoning County Common Pleas Court by Judge R. Scott Krichbaum. The judge asked if anyone had approached them about a bribe and Harvey said he told the judge no, which was a lie.
Champ Saadey said "they came into court with the wrong lawyer," Amedia said.
Harvey testified that a plea agreement was worked out that Judge Krichbaum accepted after the car dealers hired Atty. Charles Dunlap.
Harvey and Courtney pleaded to misdemeanors, received five years' probation, $13,000 fines each, and a $100,000 fine charged to the dealership, $75,000 of which went to Canfield police to pay for the investigation.
Amedia, meanwhile, testified that he spoke to Anthony Saadey after charges were filed against Philomena, fearing what they had done would come to light. Amedia said he and Saadey agreed to use the code "it's getting dark" if either were approached by the FBI.
Amedia said Saadey phoned him in January 2000 and said "it's getting dark."
David J. Betras, who represents Champ Saadey, has said it's his understanding that the government will likely not call Anthony Saadey to testify. Betras said it's possible he might.