TRAFICANT TRIAL Judge lectures rep again on rules

Admonished for yelling in the courtroom, Traficant told the judge she can put him in jail.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- U.S. District Judge Lesley Brooks Wells says her most high-profile defendant -- U.S. Rep. James A. Traficant Jr. -- knows a lot more about the rules of hearsay evidence than he's letting on.
After yet another exchange Monday with the jury gone -- shouting on Traficant's part, mostly calm and firm on Judge Wells' part -- she said the rules of evidence aren't new. The judge added: "Hey, we didn't make it up for this case. ... You're a U.S. congressman ... You know much more than you're acting."
Nearly every time Traficant, of Poland, D-17th, questions a witness, he tries to have the witness relate conversations the person had with him. In most situations, the congressman uses an FBI 302, an interview report which shows what the witness said, either what he knows personally or was told.
Traficant, for example, wanted A. David Sugar Sr. to testify about conversations they had about contractors Anthony R. Bucci and Greg Tyson. The conversations dealt with Traficant's telling Sugar that Tyson had been given a horse as payment for work at the congressman's farm and that Bucci damaged a barn at the farm.
Bucci, Tyson and Sugar all did free work at the horse farm in Greenford in return for congressional favors, the government said.
Hearsay problem: The problem, as Judge Wells has repeatedly told Traficant the last few weeks, is that he must take the witness stand if he wants his own statements to be heard by the jury. Otherwise, it's hearsay and won't be allowed, she said.
"He can take the stand," Craig S. Morford, lead prosecutor, told Judge Wells during an afternoon break with the jury gone. "He can't get in the back door by having the witness say what he said."
Traficant then renewed his theme, that Judge Wells allows in all the government's hearsay evidence, but not his. "I'm just about fed up," he said, his voice rising.
As she does most days, Judge Wells told him "the yelling has to stop."
"You have a right to put me in jail; bring the jury in," Traficant said, his voice only slightly lower. "You are holding me to a stricter standard."
The 60-year-old congressman grumbled again that Judge Wells has not allowed him to use his vendetta theory. He said 35 FBI agents were assigned to his case.
The number of agents was 28 when he talked about the issue Friday to reporters.
Two FBI agents were assigned to the case, and the number of agents who made minor contributions, as little as two hours, reached 17, including a few from Cleveland, FBI Special Agent Deane Hassman testified.
'Daily pattern': Morford called Monday's argument over Traficant's inability to follow the rules a "daily pattern." The prosecutor said Traficant "makes these speeches, I don't know to who."
Traficant shot back that Morford's comments were self-serving.
"These three 'august' prosecutors are not going to intimidate me," he said, looking at the prosecution team.
Earlier, Traficant had gotten testy when the judge chided him for not using an exhibit number for a document he was showing the jury on the overhead projector.
If the congressman has his exhibit book, he can look the number up, Morford said. Turning to the congressman, Morford said, "Do you have it?"
Traficant usually forgets to bring his exhibit book, which the prosecution team gave him when trial began Feb. 5, and ends up borrowing theirs.
Morford's offhand question made Traficant angry. Looking at Judge Wells, he said: "Is Mr. Morford talking to me? I hope to God he isn't."
After court, Traficant was beaming, very happy with his cross-examination of Sugar, owner of Honey Creek Contracting in Petersburg.
Sugar testified that he received a check for $1,142 and a piano from Traficant after the congressman realized the FBI was checking to see if he paid for work done at the farm.
Pleaded guilty: Sugar pleaded guilty to perjury before a grand jury, obstruction of justice and witness tampering in the Traficant case. He admitted that he created invoices after the fact to cover up the free work.
Sugar faces 18 to 24 months in prison, but his cooperation -- testifying -- could reduce the sentence to 10 to 16 months.
"They've gotten all their hearsay in, haven't they, and I even let it in. You know why? They're making some mistakes," Traficant told reporters outside court. "I think they made a big mistake on the income issue when [Sugar] filed it on his tax return. If it wasn't considered income, why did he file it?"
Sugar testified that the piano, minus ivory keys, was appraised at $5,000 and he claimed it as income in 2000. The $1,142 he claimed as income in 1999.
The work at the farm, though, was worth between $10,000 and $12,000, Sugar testified. He called what he did for Traficant "favors for favors."
The congressman interceded to move Sugar's son from a Licking County jail to a halfway house in Youngstown and lobbied to have Sugar win a demolition contract for the Higbee building downtown, which Sugar lost to a lower bidder.
"If, in fact, these were favors or quid pro quo, why did [Sugar] report it as income? Income has a definite, definite definition. It means that it has been paid for services rendered," Traficant told reporters. "Now, if he wanted more money, he never sent me a bill and if he had any physical evidence, bring the damn thing forward."
Evidence of work: In court, Sugar testified that the physical evidence can be seen -- it's the work he did at the congressman's farm on state Route 165. He cut roads, improved drainage, graded, spread gravel and more.
Sugar also had his crews install a concrete floor in a 30-foot-by-60-foot barn at Traficant's residence in Poland. He did not supply the concrete.
If, Traficant said, he was so "hot" in late 1999 because of the FBI digging around, why did Sugar continue to do work?
Sugar said he was still looking for favors -- and Traficant made numerous calls asking that things be done.
Of his plea agreement, Sugar said he agreed to tell the truth, something he should have done in the first place.
"If you told the truth, would either of us be sitting here?" Traficant asked.
"Yes," Sugar replied.
Traficant wondered why Sugar hadn't ever said anything about a balance due for the work.
"I wasn't expecting any money," Sugar said. "When you gave me the check I was shocked."
At one point, Traficant tried to get Sugar to say that he asked for a check.
"No. I swear on my mother's grave that's not the truth," the contractor said, a bit rattled.
Would there have been any need for a cover-up if the work had been an "up and up" transaction instead of favors for favors, Morford asked. No, Sugar answered.
The contractor, in response to a question from Traficant, said neither his wife nor his son was threatened with indictment. The FBI agents were very nice, Sugar said.
More questions: Traficant asked Sugar several questions about who the contractor dealt with at the congressional office in Youngstown. The congressman also asked "How do you know I signed" certain letters.
The line of questioning was a reference to Anthony Traficanti, the congressman's regional director in Youngstown who fielded the calls and sent the letters. Prosecutors said Traficanti labored at the congressman's farm during regular business hours. He is on the witness list.
Thomas Buckley, an investigator with the U.S. Department of Labor, testified a bit out of sequence Monday afternoon. Buckley, who still has the flu, was supposed to testify last week related to Anthony R. Bucci, a convicted contractor.
Buckley said he got a call from Traficant, the first and only congressman to contact him personally. The congressman wanted Bucci's 18-month debarment (disqualification) from federal paving projects reduced, Buckley said.
Isn't it a fact, Traficant said, that Buckley wanted "physical evidence" that Bucci had paid $9,000 in wages owed before a recommendation could be made to reduce the debarment.
"Correct," Buckley said. "You can't just take the employer's word."
Traficant said after court that the case against him will come around depending on what Judge Wells lets him present as his defense. "I have more tapes than RCA," he said, laughing.
The government was to play for the jury today the videotaped testimony of David Manevich, a Youngstown carpenter recovering from heart surgery. Manevich has been described as an essential witness who built a deck and two-story addition at Traficant's farm in the early 1990s worth about $30,000.
At the time, Manevich worked for Bernard J. Bucheit, who once operated Bucheit International in Boardman. Bucheit, 69, of West Palm Beach, Fla. is under indictment, charged with conspiracy to violate the federal bribery statute, giving an unlawful gratuity to Traficant and perjury.
meade@vindy.com