Prosecutors: Penalize rep for behavior

Prosecutors want the judge to fine the congressman if he doesn't follow her rules.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- The government said that it's fed up with U.S. Rep. James A. Traficant Jr.'s courtroom behavior.
In a motion filed today, federal prosecutors asked that U.S. District Judge Lesley Brooks Wells sanction the congressman for a pattern of actions in court.
The pattern includes repeated attempts to purposefully place inadmissible evidence before the jury, interrupting, talking over and yelling at the judge, standing over and yelling at the prosecutors and directing disrespectful comments toward the court, the government said.
"This contemptuous conduct would not be tolerated if committed by an attorney, it should not be tolerated when committed by a congressman," the prosecutors said.
The motion cites numerous events from throughout the trial to illustrate what the government termed "Traficant's growing pattern of misconduct."
They said he continues to elicit impermissible hearsay from his witnesses, has misstated trial testimony and shown a "blatant disregard" for the court's rulings.
Prosecutors pointed out that Traficant has gone so far as to accuse the court of being involved in a conspiracy "to screw a targeted member of Congress" and to charge that the court "violated every damn right" he has.
Traficant also has made public statements that he considered the courtroom to be the equivalent to a theater and recently equated this trial to a carnival, prosecutors said.
"In short, Congressman Traficant is increasingly attempting to convert the trial of this case into the donnybrook he predicted it would be when he appeared on CNN the week before trial."
The government asked Judge Wells to require Traficant to provide, outside the presence of the jury, the general areas of information he intends to seek from witnesses "to ensure that he does not attempt to elicit improper testimony." They also asked that the judge instruct him not to inquire into those areas deemed improper and levy pre-established contempt fines in the event he does so.
Welding machine: Traficant resumed his defense today by announcing that a 600-pound welding machine would be used as an exhibit.
Traficant said Bryan Kidwell of Vienna would identify the welder as brand new. Previous testimony has shown that Traficant received a welder purchased by USAerospace Group, a company once owned by J.J. Cafaro.
Albert Lange Jr. a former USAG official, has testified that he delivered a welder to Traficant in Washington, D.C.
Judge Wells said arrangements would be made for the jury to see the welding apparatus later today.
Traficant filed a motion this morning asking that testimony given by Lange and Cafaro be removed because Cafaro is paying Lange's attorney fees.
First witness: Traficant's first witness today was Susan Bucci, a widow of Dan Bucci, whose brother, Anthony R. Bucci, has testified that he bribed the congressman. Anthony R. Bucci is a former paving contractor.
Susan Bucci said she and her husband once owned the farm across from Traficant's horse farm in Greenford.
She described their relationship with the congressman as friendly and talked about how Traficant would help out from time to time with work on the Bucci farm.
She acknowledged receipt of a $1,000 check from Traficant, $400 of which was to pay for two hay wagons he bought after her husband died.
Bucci said her husband had told her to give Traficant the hay wagons but the congressman wanted to pay her to help her out financially.
Traficant asked his witness if she thought Anthony Bucci was trustworthy. She said no.
"Who told you that?" Traficant asked.
"Several people, including yourself," Bucci said.
Under cross examination, Bucci said she did observe that improvements had been done at Traficant's farm but had no idea of the arrangements.
Sandra J. Ferrante, who lived at Traficant's horse farm for 17 years, also testified today.
Traficant's trial is in its eighth week. Traficant faces 10 counts, including bribery, obstruction of justice and tax evasion.
Witnesses: So far, the congressman has subpoenaed 15 witnesses, two of whom -- Dennis C. Johnson and Harry Manganaro -- took the stand last Thursday and Johnson was present to take the stand today.
Johnson, a congressional staffer, and Manganaro, a demolition contractor, failed to show Friday for a hearing the judge had planned without the jury present.
Traficant incurred the judge's wrath Friday. She adjourned after being in session 10 minutes and told him she wasn't sure if she would ever release the jury a full day for him again.
Traficant explained that Johnson has no driving privileges and Manganaro had to submit construction bids. Johnson, Columbiana Democratic Party chairman, was charged with DUI last December.
Decision: Judge Wells must decide if she will allow Johnson to relate conversations he says he had with Charles P. O'Nesti and Cafaro. She also must decide if a taped interview Traficant made with Manganaro about contractor A. David Sugar can be played for the jury.
A witness can testify to what another person said in a conversation only when certain exceptions to the hearsay rules can be established.
Two prosecution witnesses have testified that O'Nesti, now dead, told them he kicked back part of his congressional salary to Traficant. Cafaro has testified to giving Traficant $40,000 in cash and boat repairs.
Sugar has testified to faking invoices for free work he did at the congressman's horse farm. Sugar also said the FBI agents were nice to him and neither his wife nor son was threatened with indictment.
Traficant, in a motion filed Friday, asks Judge Wells to consider that either Sugar and Cafaro lied under oath or truly don't remember what they told the congressman's witnesses.
The judge warned Traficant that if he plans to ask any of his witnesses questions that pertain to his vendetta theory, he must let her know beforehand. The judge intends to preview the questions and answers without the jury present to determine relevance.
Order: The Jan. 29 order the judge told Traficant to review over the weekend states, in part:
"Trials are about guilt or innocence of the defendant, not what the government has or has not done," Judge Wells said. "Claims of selective or vindictive prosecution are not trial defenses... ."
In the order, the Judge said Traficant would be permitted to question government witnesses about threats, promises and inducements made by the government to obtain their testimony. He has done that.
Also in the order, the judge granted a government motion to exclude evidence accusing FBI agents or prosecutors of misconduct to the extent that if Traficant does so, he must comply with the rules of criminal procedure.
Puzzled: Youngstown attorney Brian P. Kopp, meanwhile is puzzled by his client's involvement in the case.
Kopp represents Russell J. Saadey Jr., known as "Champ," of Austintown, who will be sentenced April 19 in federal court in an unrelated corruption case. An appeal is planned.
At trial last October, ex-Mahoning County Prosecutor James A. Philomena implicated Saadey in the extortion of two car dealers who wanted their odometer rollback case fixed. The jury found Saadey innocent of another attempted extortion scheme that Philomena said involved a diet-pill doctor.
Kopp said that it's his understanding Saadey's subpoena has been filed with the court, but his client doesn't have it. The court's Web site shows the subpoena was delivered last Wednesday, the same day it required Saadey to be in court.
If Saadey is called to testify, "I don't know whether he could provide anything," Kopp said. "The judge would have to decide. There's nothing in Champ's trial relevant to Traficant's case."
Tapes: This week, Traficant will likely know if Judge Wells will permit the jury to hear any or all of the nine audiotapes he has submitted. The tapes represent interviews he had with witnesses or co-defendants.
The judge has forbidden Traficant from mentioning the tapes in front of the jury unless they can be used as evidence. She has ordered him to provide transcripts of all the recordings.
Win, lose or draw, Traficant said he'll play the tapes nationally and on radio station WTAM in Cleveland after the trial and let the American people know what really happened.
meade@vindy.com