TRAFICANT ON TRIAL Confident, Cafaro gets in jabs

On the stand, the businessman fired back answers to the congressman's questions.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- J.J. Cafaro appeared confident as he testified against U.S. Rep. James A. Traficant Jr., at times poking fun at the congressman's questions.
"Could Al Lange fire your daughter?" Traficant asked Tuesday in U.S. District Court. Lange was the former chief operating officer of the now-defunct USAerospace Group, a company Cafaro once owned.
"No," Cafaro answered. "I owned the company; he could not fire my daughter. Think about the logic, congressman."
Traficant, of Poland, D-17th, faces 10 counts, including bribery, obstruction of justice and tax evasion. The government was expected to call its last witness today, IRS Special Agent Bruce Hess, then Traficant would begin his defense.
Traficant asked if Cafaro gave the government "a sample" of the envelope he said he gave the congressman Nov. 14, 1998, with $13,000 cash inside. Cafaro said the exchange took place in his green Cadillac as they drove around Youngstown State University.
Cafaro grinned as he gave his response: "How could I give a sample of the envelope I gave you? What you did with it I don't know."
Looking for details: Traficant asked this morning what color the building was Jan. 14, then said Nov. 14. U.S. District Judge Lesley Brooks Wells told the congressman that he had two dates in the same sentence. He then rephrased his question to Cafaro and asked what color was the building where the meeting they attended occurred.
"OK, congressman, can we try this one more time, because I'm confused," Cafaro said.
Traficant asked again for the color of the building where the meeting was held.
"I have no idea. I've been staying at a hotel the past four nights and I have no idea what color it is," Cafaro responded.
Traficant then asked how many sets of doors the building had. Cafaro said he didn't know.
The congressman then asked if the meeting had been held in a room. Cafaro said yes.
Traficant wondered if it was an open area.
Cafaro said, "Four walls, a ceiling and a floor is a room to me."
Cafaro noted that he attended YSU and doesn't know what color its buildings are.
The congressman said Cafaro's memory isn't too good.
"My memory is fine. You are picking minutiae out of life," Cafaro said. "If that's what you intend, so be it. My memory of what we did is perfectly clear. I gave you $13,000."
Cafaro is a vice president with The Cafaro Co. of Youngstown, one of the largest mall development companies in the country. He says he provided an illegal gratuity to Traficant -- nearly $40,000 in cash and boat repairs -- in return for congressional favors.
His plea agreement mandates his testimony. He faces zero to six months' incarceration when sentenced.
Sought certification: In 1998 and 1999, Traficant pressured the Federal Aviation Administration to certify a laser landing lights technology owned by USAG, based in Manassas, Va. At the time, Traficant served on the House Transportation and Infrastructure Subcommittee on Aviation.
Lange, who testified with immunity, admitted he took part in a scheme to cover Cafaro's paying for repairs to Traficant's 37-foot wooden boat. Lange also passed himself off as a buyer of the congressman's boat, when the actual buyer was to be Cafaro.
Traficant, through his questioning of witnesses, has tried to show that Cafaro wanted the boat to use to test the maritime application of USAG technology. Cafaro denied that, saying no one would buy a wooden boat because of the high upkeep.
The congressman also raised the issue of the boat's being accidentally sunk off its dock ramp at Eastern Power Boat Club near Washington, D.C., after repairs were under way.
"What happens when a boat sinks?" Traficant asked.
"I guess it's under water," Cafaro answered.
Switched gears: The congressman then jumped to other topics.
Traficant wondered when Cafaro switched from being a Democrat to a Republican.
"After you won election to Congress," came the reply. Traficant has been on Capitol Hill since 1985.
That's how bitter enemies we were, Traficant said rhetorically.
"It wasn't pretty," Cafaro said.
Was USAG under the Cafaro Co. umbrella? Traficant asked.
Cafaro didn't understand the question.
"You know what an umbrella is," Traficant said sarcastically.
"Something to keep the rain off," Cafaro answered.
"Do you know the meaning of 'intent'?" Traficant asked Cafaro.
"Is this an English quiz?" Cafaro asked back. "Intent is what is in the mind."
Judge Wells interjected that intent, in this case criminal intent, is a legal term that will be explained to the jury later if necessary.
"Isn't it a fact that you didn't give me $13,000, that you were hiding expenses on USAG's credit card?" Traficant shouted.
"Congressman, I gave you $13,000," Cafaro said. He pointed out that he paid all USAG's expenses, adding that the company didn't have a credit card.
What is USAG? Traficant asked.
"A company without a credit card," Cafaro answered.
Fall of USAG: Cafaro's answers took on a serious tone when he explained that USAG folded in early 2000, a few months after Craig S. Morford, lead prosecutor, subpoenaed Traficant's office and phone records.
Traficant tried to pin USAG's failure on Cafaro's firing of Richard E. Detore, whom Lange replaced as chief operating officer. Detore is under indictment for his part in the boat conspiracy.
Cafaro said the final straw came in December 1999 when Detore made disparaging remarks about his daughter, Capri Cafaro.
Didn't USAG go "belly up" after Detore left? Traficant asked.
No, Cafaro said. "It was caused by what you and I did."
Cafaro said he knew two years ago that the "bright lights of a hearing such as today" were in the future. He lamented that all the hard work "was for naught because of the stupid thing we did."
In the end, the 60-year-old congressman ended up with the $13,000, the boat repairs and the boat, the government said. Had the full scheme materialized, testimony has shown that Cafaro would have paid $27,000 in repairs and $27,000 to pay off the mortgage on the boat worth no more than $42,000.
Cafaro acknowledged that had USAG been successful, he had agreed to move the company to Traficant's district, at the congressman's insistence, as a way to bring jobs to the Mahoning Valley.
Discussing Chance: Traficant revisited Tuesday afternoon what Cafaro had testified to earlier in the day when questioned by Morford about Phil Chance, former Mahoning County sheriff.
Cafaro said that he lied at Chance's racketeering trial when he said he had not given Chance cash directly or indirectly during the 1996 Mahoning County sheriff's race. Chance won the race but was found guilty at trial in July 1999 and is in federal prison.
The congressman asked if Cafaro lied then but is telling the truth now. "That is correct," Cafaro said.
Judge Wells called an early afternoon break when Traficant had shouted most of his questions to Cafaro.
Did Cafaro place a check for $26,948 inside a book and hand it to him? Traficant asked. The amount was the mortgage owed on the congressman's boat.
"No," Cafaro answered.
"Mr. Morford was right when he referred to you as a liar," Traficant shouted. "You are lying under oath!"
Judge Wells sent the jury out after asking them to disregard the comment.
Traficant, standing defiantly, turned to Morford and said: "He can push the other lawyers around, but he won't push me!"
Behavior: Judge Wells shouted to the congressman to sit down. She said he demonstrated that he cannot always control himself and told him his behavior in front of the jury was inappropriate.
Traficant, as he does every day, accused the judge of not allowing him to defend himself.
"You just did something that was completely inappropriate," she repeated.
"I did not know, I'm not a lawyer, if I did, I apologize," the congressman said, somewhat calmer.
About 3:30 p.m. Tuesday, Traficant asked if he could relieve his witnesses, since it was obvious the government would not conclude its case by 4:30 p.m.
The judge said he could.
"I have to relieve myself as well," he said.
"You can do that," Judge Wells said.
Traficant asked Cafaro several questions to determine the extent of his wealth and to show Cafaro's political connections. Cafaro said his house in Chevy Chase, Md., is worth $1.8 million or $1.9 million and his home in Liberty $4 million to $5 million.
Cafaro said he'd had his picture taken in the Oval Office and rattled off a list of notable politicians who have been to his home, including former vice presidents.
Traficant asked if Cafaro ever contributed money to campaigns but showed it in the names of family or friends. Cafaro said he did.
The congressman never completed the line of questioning to determine how much Cafaro gave in someone else's name and to whose campaigns.
Quest to use tapes: With the jury gone at 4:30 Tuesday, Traficant renewed his desire to use nine audiotapes he made as evidence of what he calls FBI and prosecutorial misconduct and intimidation.
The first one Traficant wants to use is a conversation he had with Detore, whose lawyer filed a motion to quash Detore's subpoena.
A witness being unavailable doesn't mean the tape will automatically be admissible, Judge Wells said.
Morford has argued against use of the tapes, calling them hearsay. Some of the tapes, the prosecutor said, are both hearsay and "totally irrelevant" to the charges in the case.
Traficant shouted that if he can't use the tapes in court he will play them on "national TV" and local radio stations. He shouted to the judge: "You are leading me down the road to conviction!"
After court, Traficant told reporters he believes the judge will side with the government and not allow the tapes in as evidence.
"I make a prediction here now: With or without the tapes, this [case] is a toss-up. They had better corroborate some evidence," Traficant said. "I'm a sheriff, I'm a sheriff, and I would not bring forward a case involving a witness who had lied under oath before ... the Cafaro Company was threatened with five years' of [IRS] audits."
Traficant asked Cafaro today if he had been threatened with IRS audits.
"No one threatened me, congressman," Cafaro said. "I've never been threatened with anything by anyone."
meade@vindy.com