Wednesday, March 27, 2002
Angered by the judge's decisions, the congressman dared the judge to put him in jail.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- U.S. Rep. James A. Traficant Jr.'s defense has hit a roadblock and the roadblock has a name: U.S. District Judge Lesley Brooks Wells.
In court Tuesday, the judge was concerned about the relevance of testimony by his defense witnesses and whether that evidence he's trying to get in front of the jury could be misleading. She warned the congressman, again, that his witnesses cannot narrate conversations they had with someone unless she approves it.
The judge said one of the problems Traficant has representing himself is that he continues to be confused by the rules that govern hearsay evidence.
Traficant, of Poland, D-17th, shot back that he's not confused. He accused the judge of not allowing him to defend himself.
"You say that every day," Judge Wells said.
The judge explained that statements made by someone not subject to cross-examination and not under oath can only be admitted when certain exceptions to the hearsay rule have been met. She said Traficant has failed to do that.
Judge Wells cited Tuesday's testimony of Domenic Paolone Jr. of Youngstown, who tried to refer to what Anthony R. Bucci said while both were in a halfway house. Bucci, who already testified for the government, is available, she said.
O'Nesti issue: Traficant argues that the government called two women -- Jackie Bobby and Grace Yavorsky Kavulic -- who said the late Charles P. O'Nesti told them about giving kickbacks. The congressman reasons that he should be able to call witnesses who will say that O'Nesti denied giving kickbacks.
O'Nesti made the comments to the women over a period of years while all three were congressional staffers and long before he knew Traficant was under investigation, the government said.
The conversations end in 1998, when O'Nesti resigned before pleading guilty in a corruption case. The women quit that same year.
Traficant maintains O'Nesti made a deathbed admission to the FBI in January 2000 only to stay out of prison. Judge Wells said he keeps misrepresenting the testimony of the two women, who had nothing to say about what O'Nesti told the FBI.
Terlecky: Tuesday afternoon, Judge Wells stopped the testimony of Michael S. Terlecky of Canfield, after first voicing questions about its relevance.
Terlecky, convicted 12 years ago of taking mob bribes, began his testimony by recalling his indictment, arrest and prison sentence. Terlecky had been a lieutenant at the Mahoning County Sheriff's Department.
Judge Wells told Traficant that Terlecky was giving evidence that had nothing to do with what the jury has to decide. Traficant flashed anger, saying he was trying to lay a foundation, but the judge wouldn't let him do it.
The judge sent the jury to the back room when Traficant attempted to get Terlecky to recount a conversation he says he had with O'Nesti.
The judge then listened to Terlecky's testimony.
At first, Terlecky said he ran into O'Nesti in late summer 2000, noting that O'Nesti died that November.
No, Traficant interjected, trying to correct the time frame.
"You state the year, not the congressman," Judge Wells told Terlecky.
Traficant then asked if Terlecky had seen O'Nesti five or six months before his death, which would have been August 1999. Terlecky said he did, at a gas station in Beaver Township.
O'Nesti died Feb. 29, 2000 before being sentenced.
Terlecky said O'Nesti bought a newspaper that had a story about Traficant and the congressman's picture and reportedly said: "Who are they intimidating now?" Terlecky then recalled O'Nesti's saying that he had not kicked back money to the congressman.
The flaw in Terlecky's story, Craig S. Morford told the judge, was that in the summer of 1999, O'Nesti had not been asked about kickbacks so it wouldn't have been in the newspaper. It wasn't until January 2000 that O'Nesti was asked about the kickbacks, the lead prosecutor said.
"I will not allow this testimony to go before the jury," Judge Wells said and excused Terlecky as a witness. She was to decide today how much, if any, of his earlier testimony in front of the jury would be stricken from the record.
Traficant, angry that the judge wants to preview the testimony of his witnesses without the jury present, said he won't allow it anymore and shouted: "You can put me in jail!"
The judge didn't react to the outburst.
Reaction: As he left the courthouse, Terlecky said he couldn't believe Traficant is not being allowed to defend himself.
"I feel like I'm in Nazi Germany. I'm going to the death camp. I've never seen nothing like it in my entire life," Terlecky said.
"They should put the congressman in handcuffs when he comes in the room. She's a nice lady, but she works for the government, no doubt about it."
Sanctions: As a parting shot after several outbursts in court by Traficant, Judge Wells told the congressman that she would consider a motion filed by the government to sanction him. The prosecution team has asked her to put a stop to Traficant's "growing pattern of misconduct."
The prosecution team -- Morford, Bernard A. Smith and Matthew B. Kall -- wants the judge to slap the congressman with contempt fines if he continues to get improper testimony from his witnesses in front of the jury. The prosecutors said Traficant has engaged in a pattern of blatant misconduct, including yelling at them and the judge.
In response, Traficant said the government motion is an attempt to hide behind citations of law "and not face the stern defense brought forward."
When asked after court about the possibility of being sanctioned, Traficant said: "I'm not concerned about a damn thing."
His attention wavered only slightly when a small beige Ford struck the red GMC Jimmy waiting curbside to carry him off. No damage appeared to be done to either car on Superior Avenue, slick from wet snow.
Today: Traficant could get off to a rough start today.
His first two witnesses, Russell J. Saadey Jr. of Austintown and Dennis C. Johnson of Salem, were due in early to allow Judge Wells to preview their hearsay testimony, without the jury present.
Johnson had conversations with O'Nesti and J.J. Cafaro, who testified last week that he gave cash bribes to Traficant for favors.
Johnson, the Columbiana County Democratic Party chairman, is on Traficant's staff.
Saadey's lawyer told Judge Wells on Tuesday that Saadey will assert his Fifth Amendment right if questions put him in jeopardy. Saadey will be sentenced next month in an unrelated corruption case.
Traficant said he has an audio tape of a conversation he had with Saadey about Saadey's brother-in-law, James R. Sabatine of Canfield. Sabatine has already testified for the prosecution, saying he gave the congressman a $2,400 bribe.
After Saadey and Johnson, Traficant had only one witness lined up for today, George Hooker, no address given.
The judge cautioned Traficant that he should have enough witnesses on hand each day to last until 4:30 p.m. He said he'd make some phone calls to line up more witnesses for today.
Morford complained to the judge that Traficant continues to cause "down time," which wastes the jury's time.
The trial is in its eighth week. Traficant began his defense Thursday afternoon and failed to have any witnesses Friday, as ordered, for the judge to hear without the jury present. So far, the 60-year-old congressman has called 10 witnesses.
Marchese: His witnesses include several current staff members, such as Dominic Marchese of Farmdale, who testified Tuesday.
Marchese said that he took photographs a few days ago of a two-story addition done at Traficant's horse farm in Greenford in 1993. Marchese, a Johnson Township trustee, said it looked like a do-it-yourself project.
Bernard J. Bucheit is charged with providing the addition and electrical work valued at nearly $30,000 in return for congressional favors. Bucheit once owned Bucheit International, a construction company in Boardman.
Marchese, during questioning from Morford, acknowledged that he is not a construction inspector, has no idea what work was done in 1993, has a close friendship with Traficant and would not like to see the congressman convicted.
"That's true, but I would not lie for him, either," Marchese said of his desire to see Traficant acquitted.
The court will recess Friday to observe Good Friday, a decision mutually agreed to by the defense and prosecution.
meade@vindy.com