CLEVELAND Traficant affidavit accuses FBI agent

Prosecutors said their last witnesses could be called as early as the end of the week.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- U.S. Rep. James A. Traficant Jr. filed an affidavit with the court today from Danette R. Palmer, a member of his Washington staff, that accuses FBI Special Agent Mike Pikunas of intimidation.
Here's what the affidavit says:
Palmer said that last Thursday, as the trial resumed at 9 a.m., she wanted to give information about steel legislation and a press release to the congressman. The courtroom door was locked, so Palmer asked if a court security officer could use his radio to ask someone in the courtroom if they could unlock the door.
He said he would try. When she walked away, Pikunas whispered something to the security officer.
Palmer said Pikunas then approached her with a very mean look on his face and in a stern and accusatory voice asked "Are you assisting him in his trial?" Palmer said she told Pikunas no, at which time she said he was almost yelling and said "Is that the truth?"
Palmer said she asked Pikunas why he was trying to intimidate her and ruin her reputation when she was just doing her job. She said she told him that the FBI is probably the one responsible for smearing her in the papers and all over the news. Palmer said the FBI agent got a surprised look on his face and did not say another word.
What letter said: In her letter to Traficant, Palmer said she never felt so scared or intimidated in her life. She said that after witnessing what the FBI was trying to do to others and now her, "I don't know that I could trust our government again."
Palmer said she suffered from a migraine headache the rest of the day and had to call the doctor for a prescription to help her sleep Thursday night and throughout the weekend.
Unsure about testifying: Before the trial started today, Traficant said that he doesn't know whether he'll take the witness stand and testify on his own behalf.
Traficant said it depends on whether the government has physical evidence. Reporters asked about the testimony against him that prosecutors were using as evidence, and he said most of the witnesses had been facing 20 years in prison.
His racketeering trial is coming to an end.
The prosecution team -- Craig S. Morford, Bernard A. Smith and Matthew B. Kall -- says it could finish calling its last witnesses as early as Friday. The prosecution's final witness is expected to be multimillionaire J.J. Cafaro of Liberty, who admits he bribed Traficant, of Poland, D-17th.
At the end of court Tuesday, the government had called 45 witnesses.
Since the trial began Feb. 5, Traficant has stepped up the frequency and volume of his arguments with U.S. District Judge Lesley Brooks Wells over what he can and cannot ask witnesses.
Tuesday's exchange had Traficant saying "I'm just the son of a truck driver" to explain his lack of expertise in working a laptop computer to review a transcript.
"Well, I'm just an Army brat," Judge Wells shot back.
She and the jury have heard the "son of a truck driver" refrain many times throughout the trial.
After the lunch break, before the jury filed in, Traficant bantered with the prosecution team. Standing over Morford, the congressman taunted: "You better beat the son of a truck driver, or you may be driving a truck."
The congressman then strolled over to the sketch artist and teased: "Why do you make me look heavier than I am?"
Complaints: Traficant, as he does every day, complained again Tuesday that Judge Wells has a double standard: one favorable to the prosecution's evidence and one unfavorable to his.
"You embarrassed me in front of the jury," Traficant growled during an afternoon break. "I had every right to rephrase my question, but you told me to move on to another topic."
The judge said she did that because there was an objection to his line of questioning and she wanted to review the transcript, with the jury gone, before ruling on the objection. As it turned out, Traficant was not permitted to ask the question because he misstated what the prosecution had asked the witness.
After the testimony of Luchia Foiani and Kimberly Harris Bliton, Traficant was in a better mood. He said his defense is ready and he feels good about it.
Staff members testify: Foiani and Bliton served on his staff in Washington, D.C., and both had knowledge of the efforts he made on behalf of Bernard J. Bucheit, a former Boardman contractor.
Bucheit received an undisclosed settlement in December 1992 from a Saudi Arabian prince for an $11.5 million shopping mall built in the Middle East.
Bucheit, 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. The government said Bucheit provided about $27,000 worth of carpentry work at the congressman's horse farm in Greenford in 1993.
Question about letter: Kall phrased a question to Foiani that paralleled the government's case against Traficant. The question dealt with a letter Traficant sent to the State Department in 1991 criticizing the Saudi prince's actions, saying he had "little respect" for the prince.
Kall asked if the letter meant the prince had used his official position to take advantage of the private businessman.
"Yes," Foiani said.
Kall showed the jury a series of letters Traficant sent on Bucheit's behalf, including to the king of Saudi Arabia.
Foiani acknowledged the letters were part of the congressman's strategy to "ratchet up the pressure on the Saudi government."
"Did I get involved if staffers hit a roadblock?" Traficant asked Foiani.
"You always struck me as a congressman who cared for his district constituents," she answered.
Traficant, whom the jury has learned introduced "Buy American" amendments, asked Foiani if Hitachi is a Japanese or American company. The question came to him as he used the overhead projector, made by Hitachi.
Foiani stammered that she didn't know.
"Don't worry about it," Judge Wells told Foiani. "It's not exactly relevant."
On contractor's behalf: When Bliton took the witness stand, she testified about how, in 1998, Traficant interceded again for Bucheit when the contractor had financial difficulties setting up a precast cement factory in the Gaza Strip. Bucheit had borrowed $900,000 from the Overseas Private Investment Corporation, which was trying to recover its money.
Bucheit turned over to OPIC a building he owned in Washington, D.C., but neglected to tell OPIC that he hadn't paid the taxes and that the building had a lien on it, Bliton testified. OPIC, she said, had to pay $200,000 to $300,000 to preserve its asset, the building.
Traficant's efforts on Bucheit's behalf included letters to high-ranking officials, including Vice President Al Gore, Bliton said.
After learning about Bucheit's deception with OPIC, Bliton said she had concerns and was uncomfortable about continuing to work on the Bucheit case. She expressed her concerns to Paul P. Marcone, the congressman's chief of staff, who told her that office staffers would "phase out" the work they were doing for Bucheit.
Kall asked Foiani and Bliton if they knew that Bucheit had paid for carpentry work at Traficant's farm.
Neither did.
Traficant asked Foiani and Bliton several questions about who drafted and signed letters in his name. Both women said letters sometimes went out that they had written and signed on his behalf.
Bliton completed her testimony today.
Issues arose: Several issues arose over documents used as evidence and whether they violate the speech or debate clause in the Constitution. Judge Wells told Traficant that some of the questions he wanted to ask would have to be decided after she has a chance to review them.
Robert J. Gatti Jr. of Hubbard, who is employed by the Trumbull County Engineer's office as a heavy-equipment operator, testified after Bliton. Gatti said that he recommended David M. Manevich when Bucheit needed a carpenter to do work at Traficant's farm.
Gatti said he and Bucheit's son Kurt once met Traficant on the congressman's houseboat in Washington, which needed repairs. Gatti said the work "was out of our league" and they said they'd get an estimate for Traficant for the work.
Thomas Passewitz of Austintown testified that in 1993, when he worked for Aey Electric, he spent several months doing electrical work at Traficant's farm. The work, he said, coincided with the carpentry being done. Passewitz said that Bucheit had contacted Richard Aey and asked that an electrician be sent out to the farm.
Passewitz said he was paid by Aey, not Traficant.
During a short break this morning, Traficant told the judge that he is having difficulty issuing a subpoena to Anthony R. Bucci. The judge advised him to send the subpoena to Bucci's lawyer, as the prosecution did when they subpoenaed Bucci.
Bucci has testified that his company did work at the farm in return for favors.
Reviewed tape: The jury viewed the videotaped testimony of Manevich, an Austintown resident, who had heart surgery and couldn't travel to Cleveland.
Manevich, a carpenter, said Bucheit took him to the farm in early 1993 and showed him what needed to be done. At that time, Manevich estimated a three-to-four-day job that would cost about $600.
As time went on, Traficant would ask for additional work and Manevich said he would call Bucheit with the estimate, and Bucheit would give the go-ahead.
Each week, Manevich received a check from Bucheit for himself and two others. The total for the work reached $26,994.
Traficant asked if Manevich was aware of a private agreement with Bucheit to pay for the work. Manevich said no, it was none of his business.
Comment to reporters: After court Tuesday, Traficant told reporters that his defense is all set.
"I'm ready to go. Listen, I've given you more information than you deserve. You haven't given me very good press. Quite frankly, I'm gonna stop giving you anything until I start seeing some decent, fair press," the congressman said during his daily stroll with reporters on Superior Avenue. "You make it look like I'm just some stumbling, bumbling, fumbling football player who played without a helmet, and quite frankly, I think I'm scoring some points here while I'm on the defense."
So far, Traficant has subpoenaed James Price, a Weathersfield trustee, and says he will call others to testify.
The congressman has requested records for Thomas Williams, a retired Ohio Department of Transportation inspector. Williams testified via videotape from Florida that his job was threatened by Traficant and the congressman used his influence to help Anthony R. Bucci, a crooked contractor.
Traficant also is searching Mahoning Valley banks for accounts held by his former administrative counsel, Boardman attorney R. Allen Sinclair, Sinclair's wife, Kimberly, and K.A.S., an entity formed to hold title to the building at 11 Overhill Road, where the congressman once rented district office space. The congressman also wants records of accounts Sinclair had with his predecessor, Henry A. DiBlasio.
The congressman issued subpoenas to Farmers National Bank, Home Savings and Loan, Bank One, Sky Bank, Key Bank and National City Bank.
Sinclair testified that he kicked back $2,500 each month to Traficant.
Testimony has shown that DiBlasio also kicked back a portion of his salary.