CLEVELAND Traficant to judge: Dismiss my case

The congressman says witnesses who made plea agreements should not be allowed to testify against him.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
CLEVELAND -- U.S. Rep. James A. Traficant Jr. is asking the judge overseeing his racketeering case to throw it out of court.
In a motion filed Wednesday, Traficant, of Poland, D-17th, wrote: "This court lacks jurisdiction or the authority to try the defendant ... in light of the defective/deficient indictment."
Traficant says that the indictment must be dismissed.
His reasoning: Among his assertions are:
UThe indictment does not list any specific offenses with regards to the racketeering allegation against him, which violates federal law.
UThe grand jury that indicted him was never told about his potential prison sentence. "Based upon unknown or uncertain findings, defendant's guidelines level can range from a level 12 to an unknown higher level, resulting in an uncertain range from 10 months to over 60 years," Traficant wrote.
UThe indictment should be thrown out because "an indictment must contain all of the elements of the offense" including providing the accused "with notice and protection from double jeopardy," wrote Traficant, who contends his indictment did not meet those requirements.
Traficant faces a 10-count indictment on charges including racketeering, bribery and tax evasion. Federal prosecutors contend he accepted money, gifts and free labor from businessmen in exchange for helping them in his official capacity as a congressman.
They also say Traficant required money and free labor from his staffers. His trial is set to begin Feb. 4.
Objects to deals: In a second motion filed Wednesday, Traficant wrote that any government witnesses who cut deals should not be permitted to testify against him because it violates his constitutional rights as well as disciplinary rules for attorneys.
"From a review of the discovery, it is obvious that the AUSAs [assistant U.S. attorneys] intend to call witnesses that the government has entered into plea agreements with in exchange for a variety of valuable considerations," Traficant wrote. "This practice may be customary, but it is illegal."
At least two witnesses who have pleaded guilty -- local businessmen J.J. Cafaro and James Sabatine -- have reached plea agreements calling for their cooperation in this matter and are expected to testify against the congressman.
"Providing such consideration to government witnesses is unethical -- it violates Ohio's aforementioned canon of ethics and disciplinary rules as applied to AUSAs," Traficant wrote.
Judge's order: U.S. Judge Lesley Brooks Wells, who is overseeing Traficant's case, filed an order Wednesday that will keep federal prosecutors busy.
Traficant had requested a hearing to review all the documents the government wants to use at his trial to determine if any of them violate the Speech or Debate Clause of the U.S. Constitution. Judge Wells ruled that federal prosecutors have to identify its trial documents by Dec. 3.
Federal prosecutors have filed 233 documents with the court they intend to use at trial and gave Traficant 37 boxes containing 99,880 documents, 22 videocassettes and 453 audiocassettes.
Earlier this week, Traficant objected to the use of 44 of those documents, saying they violate the Speech or Debate Clause, a provision that has helped protect members of Congress from being prosecuted or sued for what they do in their official capacities. But Traficant failed to include those 44 documents in his filing and was given until Monday to properly file the motion.
skolnick@vindy.com