CLEVELAND Defense: Witnesses will lie
The defendant is also being sued by a Youngstown lawyer for unpaid legal fees.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- "Witnesses will lie in this courtroom," the defendant's lawyer said in the trial of a Virginia engineer accused of providing illegal gifts to then-U.S. Rep. James A. Traficant Jr.
Dallas attorney Thomas W. Mills Jr., who represents Richard E. Detore, made that allegation in his opening statement to the jury this morning in U.S. District Court.
Detore worked for USAerospace Group, once owned by J.J. Cafaro of Liberty.
Mills said Cafaro is an "admitted liar and a crook" and another USAG executive, Albert Lange Jr., is parroting what Cafaro wants him to say.
The reference is to Cafaro's admission at Traficant's racketeering trial last year that he lied on the witness stand when called to testify at the racketeering trial of then-Mahoning County Sheriff Phil Chance in the summer of 1999.
The lawyer said if Cafaro and Lange gave things of value to Traficant in return for official acts, Detore did not.
Mills said Detore didn't know Traficant was taking gratuities to promote USAG's laser guidance technology with the Federal Aviation Administration.
Government's case
The government said Cafaro, Detore and Lange conspired to illegally provide things of value to Traficant.
Matthew B. Kall, an assistant U.S. attorney, told the jury this morning that the case is about a businessman who agreed to help his company provide illegal payoffs to a congressman.
Kall described Cafaro as "a rich guy -- a multimillionaire -- who saw a chance to make a lot of money" if USAG's technology could be certified by the FAA.
At Traficant's trial, the jury believed that Cafaro, using Lange and Detore as intermediaries, provided Traficant with more than $26,000 in repairs to his 37-foot vintage houseboat, $13,000, a welder and a generator.
Kall said the jury will hear from Cafaro, not because he's a "beacon of integrity" but because he's a key player in the scheme.Eight women and four men from the Cleveland area who know little or nothing about the Cafaros or Traficant -- and harbor no strong feelings one way or the other -- are jurors in the case against Detore, a 43-year-old Virginia engineer and pilot.
A middle-aged woman who said former Rep. Traficant "got what he deserved" was eliminated from 50-plus prospective jurors called for a bribery trial linked to the imprisoned ex-congressman.
Monday, as the woman left court, she smiled. She said she expressed her true feelings and stands by them.
The cut came after prospective jurors filled out a questionnaire that related to either Traficant, Cafaro or his elder brother, Anthony M. Cafaro. Anthony Cafaro oversees a mall development empire, the Cafaro Co., based in Youngstown. J.J. Cafaro is a vice president with the company.
Judge Ann Aldrich told the jury that trial days will run from 8:30 a.m. until 5 p.m.
The government was expected to begin its case with Lange and Paul P. Marcone, Traficant's former longtime chief of staff and press secretary in Washington, D.C.. J.J. Cafaro will testify later this week.
J.J. Cafaro has been described in court as a break-from-the-pack investor with questionable business acumen, whose ventures, Avanti Motors and USAG, lost $26 million and $10 million, respectively.
In May 2001, his association with Traficant resulted in a guilty plea to conspiracy to violate the federal bribery statute.
Cafaro, who reached a plea agreement and cooperated with the government's case against Traficant, received 15 months' probation last November. Traficant received an eight-year sentence last July.
Detore, also charged with conspiracy to violate the federal bribery statute, faces up to five years in prison if convicted.
Lange testified with immunity at Traficant's racketeering trial last year, saying that whatever the congressman wanted, he and Detore delivered. The three typically had dinner at Taverna, Traficant's favorite restaurant in Washington, and USAG picked up the tab.
Lange's testimony
When Traficant said at dinner that he needed someone to repair his 1989 Avanti, Lange said he and Detore made the arrangements.
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 Building, Traficant's D.C. office, and the Avanti was removed.
The drop-off pickup routine was reversed Dec. 24, 1999, when Detore left the Avanti, which no one wanted to repair, and drove off in the Corvette, Lange said.
Traficant paid the $5,670 rental. Traficant's office and phone records had been subpoenaed Dec. 8, 1999, which the government said explained why he and not Detore paid for the Corvette rental.
Lange also testified last year that Traficant needed a welder for a horse trailer. USAG bought a welder for about $2,900. At another dinner, Traficant said he needed a gas generator, and USAG bought one for about $2,700, Lange said.
Lange said he used "nostalgia" as a cover story to explain why he would buy a rotting 37-foot wooden boat from Traficant.
In a related matter Monday, one in a string of lawyers who contends that Detore owes them money filed a civil lawsuit in Mahoning County Common Pleas Court.
Don L. Hanni Jr., who represented Detore for a brief time last year, wants $25,000 for unpaid legal fees.
Judge Aldrich allowed Hanni to get off the case last October. At the time, Hanni said Detore proved to be a difficult and uncooperative client.
The lawsuit contends Hanni performed legal services for Detore including representing him at a number of court appearances. The lawsuit states Hanni made several requests for payment for his services and expenses that were ignored by Detore.
Judge Jack Durkin was assigned the case.
meade@vindy.com
XContributor: David Skolnick, politics writer.