Saturday, February 16, 2002
Employee: Top staff paid cash to Traficant
Money came from paychecks
By Paul Singer
The Associated Press
CLEVELAND U.S. Rep. James Traficant's longtime district office manager said Friday that two of his senior aides told her they were giving money back to the congressman out of their paychecks.
Jacqueline Bobby also said envelopes stuffed with large amounts of cash arrived several times over the years at Mr. Traficant's 17th District office in Youngstown.
While she said she did not know the amounts, they were large enough that Mr. Traficant's secretary, Grace Yavorski Kavulic, was uncomfortable walking alone to deposit the money at the congressman's bank. Ms. Bobby said she often went with the Kavulic.
Ms. Bobby testified for federal prosecutors who allege Mr. Traficant, 60, forced his staff to make cash kickbacks or do favors for him. He also is accused of accepting gifts and favors in exchange for using his political influence, tax falsification and racketeering.
Mr. Traficant, a nine-term Democrat from northeast Ohio, could be sentenced to 63 years in prison and could face expulsion from the House if convicted.
He is defending himself, although he is not a lawyer. Mr. Traficant also represented himself in 1983 when a federal court jury acquitted him of having taken $163,000 in bribes from Youngstown mobsters.
Ms. Bobby said she was Mr. Traficant's office manager from 1981 to 1984 when he was Mahoning County sheriff and from 1985 through 1998 in his congressional office. She quit after failing to get a promotion when one of the senior aides, Charles O'Nesti, resigned.
Another Traficant staff member, Allen Sinclair, testified Wednesday that he gave the congressman $2,500 in cash out of each monthly paycheck he received from December 1998 through January 2000, for a total of $32,500. Mr. Sinclair, an attorney, worked part time on legal matters.
After the trial ended for the day Friday, Mr. Traficant said outside the courthouse that he didn't receive any kickbacks.
He also said the proceedings have been tiring.
But he added, You will not determine the character of a man on a placid tranquil golden pond when he is bass fishing at 7 o'clock in the evening. You will evaluate the character of a man when the waves are crashing at 100 feet and your little ship is crashing from side to side.
Ms. Bobby testified that Mr. O'Nesti and Henry DiBlasio, the top two aides in the district office, told her they were giving Mr. Traficant money. She said she didn't know the amount and had never seen anyone hand the congressman money.
She said Mr. O'Nesti complained because he had to give so much money to the congressman monthly. Ms. Bobby said Mr. O'Nesti worked hard for his money and he thought he deserved all of it.
Ms. Bobby said Mr. DiBlasio who kept his private law practice during the 13 years he was on Mr. Traficant's payroll did very little work for the congressman.
I don't know what his duties were, Ms. Bobby said, though she said he was the highest paid and most senior person in the district office. Of the work done in the congressional office, everybody else was doing 99 percent, and he was doing 1 percent. Jurors heard Ms. Bobby's testimony about the cash, but U.S. District Judge Lesley Wells excused them before Ms. Bobby discussed what she had heard from Mr. O'Nesti and Mr. DiBlasio.
Mr. Traficant objected to the testimony as hearsay. But the judge said the law allows hearsay to be used as evidence if the person who is the subject of the testimony is unavailable to testify. Mr. O'Nesti is dead, and Mr. DiBlasio's lawyer told Judge Wells that Mr. DiBlasio will invoke his Fifth Amendment right not to testify.
Judge Wells previewed Ms. Bobby's testimony to determine whether it meets the hearsay exceptions and said she would rule before the trial resumes Tuesday.
Mr. Traficant sat quietly during most of Ms. Bobby's testimony and took notes on a legal pad.
On Thursday, the judge sternly rebuked Mr. Traficant for failing to follow proper court procedures, but Friday she complimented him on his behavior. He rose from his seat quietly to raise objections and was able to keep his voice down during discussions with the judge and prosecutors.
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