TRAFICANT ON TRIAL Rulings due on vendetta testimony

One lawyer is puzzled to have his client subpoenaed by the congressman.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Over the weekend, U.S. Rep. James A. Traficant Jr. was supposed to review a federal judge's ruling on how he can pursue his vendetta theory with defense witnesses.
"I did not exclude any reference to vendetta," U.S. District Judge Lesley Brooks Wells told the congressman on Friday. "You have to show how it is relevant to this case."
Traficant, of Poland, D-17th, maintains that he's in court now defending himself against racketeering charges because the government has been after him since 1983, when he won acquittal in a bribery case. He says he has witnesses to support his theory.
The trial is in its eighth week. Traficant faces 10 counts, including bribery, obstruction of justice and tax evasion.
So far, the congressman has subpoenaed 15 witnesses, two of whom -- Dennis C. Johnson and Harry Manganaro -- took the stand last Thursday and were expected back, possibly 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 on 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 J.J. 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 or 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