TRAFICANT TRIAL Rep received many favors, witness says

The congressman, who intends to call three of his staff members as witnesses, can begin his defense next week.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Albert Lange Jr. said he went to work for USAerospace Group because the Cafaro family were billionaires and money was no object for them.
Lange, an engineer, testified several times today in U.S. District Court that J.J. Cafaro, owner of USAG, lied to him.
"Did he lie to you on more than one occasion?" U.S. Rep. James A. Traficant Jr. asked.
"Definitely," Lange said.
Traficant wondered if Cafaro was a good businessman. Lange said he was impressed at first but experience has shown that "no, he's not a good businessman."
Traficant questioned Lange about the use of Fiberglas as a way of repairing his wooden boat. The 31-foot boat and repairs to it are part of Traficant's 10-count indictment. Earlier testimony has shown that there was a discussion of covering it with Fiberglas.
Cafaro once had Avanti Motors in Youngstown, in which Fiberglas was used for the car manufacturing.
Lange said if Cafaro was as involved in Avanti as he was with USAG, "then I would say he had no clue what was going on there, either."
Testified about boat: Lange also testified Thursday for Craig S. Morford, lead prosecutor in Traficant's racketeering trial, about his part in the deception used to hide repairs done to Traficant's rotting boat and Cafaro's plan to take it off the congressman's hands.
Lange said he used "nostalgia" as a cover story to explain why he would buy the 37-foot wooden boat, docked at the Eastern Power Boat Club.
Otherwise, people at the club would think he was a "big idiot." The boat didn't have much life expectancy and needed major repairs, he said.
The last thing Lange wanted to do was leave work at USAG in Manassas, drive 25 miles through Washington, D.C., beltway traffic and spend until dark overseeing the carpentry crew restoring the 1978 hulk at the boat club. Lange really didn't want to go there on weekends, either, but he did, for several months in summer 1998.
"I pretty much complained to anyone who would listen to me," Lange testified.
Lange said he took his orders from Cafaro, who paid nearly $27,000 for the repairs. Lange said he first had to pay $1,750 to the boat yard because Traficant was behind on his slip fees and electric.
Cafaro and Richard E. Detore, A USAG employee, also intended to buy the decaying relic, Lange said. He said a back-dated purchase agreement was signed to make it look like he bought the boat when the repairs began in August 1998.
Why, Morford asked.
Reason offered: "It was presented to me that Jim was doing favors for us and we needed to do favors for Jim," Lange answered.
Lange said today that at first he didn't think he did anything wrong, but in retrospect realizes he did.
Cafaro underlings sometimes left after dinner at Taverna in Washington, D.C., with a shopping list for a congressman they were told to keep happy.
What Traficant wanted, they delivered, Lange said. The Virginia engineer's testimony came with a price -- immunity from prosecution.
Lange and Detore worked for Cafaro at USAG in the late 1990s. Detore is under indictment. Cafaro pleaded guilty to giving Traficant an illegal gratuity and will testify.
USAG lost about $10 million and folded in early 2000.
Traficant, in 1998 and 1999, promoted USAG's laser light landing technology to the Federal Aviation Administration. At the time, he served on the House Transportation and Infrastructure subcommittee on aviation.
Testimony: Lange said he and Detore dined frequently with Traficant at Taverna, a few blocks from Capitol Hill, and charged the meals to USAG.
At one Taverna dinner, Lange said Traficant mentioned that he needed a Jeep for a hunting trip. A Jeep appeared, titled to Cafaro's wife, Janet.
"Ever get the Jeep back?" asked Morford.
"No," Lange said.
When Traficant mentioned at dinner that he needed someone to repair his 1989 Avanti, Lange said he and Detore made the arrangements.
"Sure, Jim, we'll do it," Lange recalled saying.
Without the Avanti, once manufactured in Youngstown by Cafaro, Traficant needed something to drive. The congressman wanted a nice sporty car for a trip, so in November 1999, he got a Corvette convertible, with the rental secured by Detore's credit card, Lange said.
The Corvette was delivered to the Rayburn House Office Building, Traficant's D.C. office, and the Avanti was removed.
The drop-off pickup routine was reversed Dec. 24, 1999, with Detore leaving the Avanti, which no one wanted to repair, and driving off in the Corvette, Lange said.
Traficant, not Detore, though, ended up paying the $5,670 for six weeks' rental, Lange said.
Was that because Traficant knew he was being investigated by the FBI, Morford wondered. Not sure, Lange said.
Subpoenaed records: Traficant's office and phone records were subpoenaed by Morford on Dec. 8, 1999. The 60-year-old congressman's 10-count indictment was handed up May 4, 2001, and his trial began Feb. 5.
Lange, meanwhile, described two more Taverna dinners in spring 1999 that ended with a shopping list.
Lange said the congressman needed a welder for a horse trailer. USAG bought a welder for about $2,900. At another dinner, the congressman said he needed a gas generator, and USAG bought one for about $2,700, Lange said.
He recalled that either the welder or the generator was loaded into Traficant's pickup truck parked at the Rayburn building. The second item was delivered to the Rayburn building, but the actual transfer to Traficant's truck took place at a gas station on state Route 270 in Maryland, the way home to Ohio for the congressman, Lange said.
Traficant came through for USAG on May 4, 1999, when Jane Garvey, FAA director, flew with the congressman to see for herself the laser lights technology, Lange said. The technology never got certification, mostly because USAG ran out of money for testing, he said.
Lange said Cafaro tried to give Traficant a check for what was owed on the boat, $26,948, but the congressman wouldn't accept it. It would "look like a fishy deal" and create bad press, Lange said.
The transaction, Lange said, was modified to make it look like he bought the boat. He said he would be the "front man;" the money had to be funneled through him to avoid nosy reporters.
The government said that, from April 1998 through December 1999, USAG paid $3,219 for meals at the Taverna. Traficant, Cafaro, Detore and Lange agreed to conceal Cafaro's purchase of the congressman's houseboat by making it appear as though Lange bought the boat, the government said.
In the end, Traficant walked away with $13,000 cash Cafaro gave him as partial payment on the boat mortgage, the free repairs and the boat, the government said.
Morford said in court that the prosecution team expects to be done Monday or Tuesday.
Traficant witnesses: So far, Traficant has subpoenaed two of his staff members, Dennis C. Johnson of Salem, Columbiana County Democratic Party chairman, and Robert Barlow of Boardman, who also serves as campaign treasurer. Barlow may be disqualified because he sat in to hear the testimony of Boardman attorney R. Allen Sinclair, who admits he kicked back $2,500 each month to Traficant for 13 months.
Doesn't know why: Barlow said he has no idea what Traficant plans to ask him on the witness stand. Barlow said he does not believe him sitting in the overflow room for a few hours during Sinclair's testimony will disqualify him from being called as a witness.
"If they want to keep me out, I'd love it," Barlow said about testifying.
Also, Barlow said his time in the overflow room during Sinclair's testimony was not his fault. Barlow said he came to the courthouse that day to drop off some information for Traficant, but could not see the congressman when he arrived because the courtroom was closed.
Barlow said he planned to stay outside the courtroom for Traficant, and a Judge Wells' staffer led him to the overflow room to wait for a break in the trial.
"I was sucked in on that," Barlow said. "When I was in that room, I didn't see anything. All I saw was Jim walking around."
Johnson could not be reached today to comment.
The congressman also issued a subpoena to John Innella of Salem, who once submitted an affidavit that U.S. District Judge Lesley Brooks Wells rejected as hearsay. Innella reportedly overheard a conversation Traficant had with a contractor in which the contractor alleged intimidation by the government.
In a motion filed Thursday, Traficant listed Danette R. Palmer of his Washington staff as a witness and claims she was intimidated by FBI Special Agent Mike Pikunas in a court hallway last week. FBI Special Agent John Kane, in charge of the bureau's Boardman office, said Palmer's version is false.
Last week, Traficant made an offhand comment in court about the intimidation of a staffer. When reporters asked Palmer about it last week, she seemed surprised by the question and said it wasn't her.
As he left court Thursday, Traficant said he was expecting another affidavit today from a process server who has been delivering subpoenas. The congressman said the man confronted an FBI agent who had been tailing him and taking pictures.
Although Traficant has submitted nine audiotapes for the jury to hear, he must first persuade Judge Wells to allow them in as evidence. She told him he has to follow the rules of hearsay.
Morford objected to the tapes, saying the witnesses should be called to testify.
Traficant claims that tapes from Detore and Henry A. DiBlasio, for example, should be allowed because they are under indictment and would invoke their Fifth Amendment right against self-incrimination if called to testify. DiBlasio is accused of lying to a grand jury about kicking back part of his salary to Traficant.
Judge's suggestion: Judge Wells said Traficant has all weekend to prepare his defense and suggested he read the rule that governs hearsay. "You do wonderfully well in some aspects," she said, but in some areas he needs to review the law.
"We don't want to shut down the trial," Judge Wells said. "Get on top of this."
After Lange, the government has four witnesses, including Cafaro, the last key witness, and IRS Special Agent Bruce Hess, the last witness.
In all, the government will have called 56 witnesses.
meade@vindy.com