[Congressional Record Volume 148, Number 77 (Wednesday, June 12, 2002)]
[Extensions of Remarks]
[Pages E1012-E1013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAFICANT TRIAL: A RAILROAD OF JUSTICE
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HON. JAMES A. TRAFICANT, JR.
of ohio
in the house of representatives
Tuesday, June 11, 2002
Mr. TRAFICANT. Mr. Speaker, the government presented a ten-count
indictment against me on May 4, 2001. And, convicted me on those ten
counts, Thursday, April 11, 2002.
Count Three--John J. Cafaro (The great anomaly--double jeopardy,
perjury.)
This count surrounds a now bankrupt firm known as U.S. Aerospace
Group Inc. of Manassas, VA. Like Lorena Bobbitt, they couldn't keep
track of their appendages; in this case their corporate structure.
The owner of the company was John J. Cafaro. The president was his
21-year-old daughter, Capri. The COO was Richard Detore, who was later
succeeded by Al Lange. The company was going bankrupt, but owned patent
rights to an aviation safety device second to none, the laser flight
navigation system. I arranged to have this laser system demonstrated
for Aviation Subcommittee Chairman Jimmy Duncan of Tennessee and FAA
Administrator Jane Garvey. Both were impressed. Ultimately there was $4
million appropriated for military testing and use of this system--
MEANPALS.
This count was supposed to be a quid pro quo like the others. Truth
of the matter is the only agreement I made with USAG was that (1) the
manufacturing of any product would be in my district and (2) eventually
the entire corporate headquarters and all umbrellas would be relocated
to my district for the procurement of jobs for my constituents. In this
venue, I might add, high-tech jobs.
J.J. Cafaro perjured himself in my trial to avoid charges of his
previous perjured testimony in the RICO trial of former Mahoning County
Sheriff, Phil Chance. In fact under cross-examination by myself, Mr.
Cafaro admitted to ``lying but not perjuring'' himself, which is
evidenced in the transcript.
Be advised that the testimony in the Chance trial dealt with an
alibi, wherein Mr. Cafaro claimed to have given money to former Sheriff
Chance, instead of mob-boss Lenny Strollo. Lenny Strollo later admitted
that he had given the money to Chance. The same prosecutors in my trial
called J.J. Cafaro in the Chance trial a ``liar'' and Cafaro admitted
to that in his testimony. Mr. Cafaro perjured himself at my trial and
paid for the perjured testimony of Al Lange, by providing for Al
Lange's attorney's fees. In addition, I have come to find out that as
an additional inducement for his testimony, Al Lange, who has been
diagnosed with cancer, is being maintained by Mr. Cafaro's insurance,
although the company has since gone bankrupt and Mr. Lange is no longer
employed by Mr. Cafaro.
This whole quid pro quo also involves my boat. I had it for sale and
was visited by J.J. Cafaro in my D.C. office one afternoon, where he
handed me a book containing an evident bookmarker. When I opened the
book I found that it was a bank draft for $26,000 to buy my boat. Mr.
Cafaro was so thrilled that his company, which was on the brink of
bankruptcy, was given life through my efforts by obtaining $4 million
for MEANPALS.
I refused the money that Mr. Cafaro offered me and informed him that
one of his employees, Al Lange, had a sincere interest in purchasing
the boat and claimed he had bonus money coming from the company and
that Mr. Lange would ``repair the boat and use it for water navigation
purposes.'' J.J. Cafaro and Al Lange testified that the whole thing was
a boat scheme to reward me for my appropriation of the $4 million. The
problem is that they cannot overcome their lies with the following
facts:
1. Al Lange had a professional boat survey done on the boat that
showed that the value of the boat to be greater (without repairs) than
I had been asking.
2. Richard Detore, then COO of USAG, was a witness to the boat
transactions and said he ``would not lie'' even after tremendous
pressure by the government to do so.
This information is evidence in a taped conversation I had with Mr.
Detore on August 1, 2001. It states in pertinent part:
RD: What kind of witness does Cafaro really make when the
reality comes out that the guy's lying . . .
JT: Well he's going to have Al Lange to make him look like
he's telling the truth, but they can't handle the fact that
you are so upright and upstanding a man of integrity, and
it's going to blow their case; do you understand?
RD: Yeah, they tried to tear me apart, IRS. They tried
saying that I committed fraud in order to obtain my house,
which is nonsense because the bank told them I qualified for
the house before I even moved. I was all prequalified. They
tried to tell me that I was trying to support my wife's
lavish lifestyle. They had no idea that my wife has worked 20
years, worked her way through college and that her family is
very financially well off; and we have never sought money
from anybody. And when I moved from New Jersey, I was
carefully, carefully debt free and had no obligations to
anybody; and the thing about having to commit fraud with a
bank in order to obtain a mortgage is pure nonsense. That's
where they've gone. They've gone after me in every way, shape
and form.
JT: And Cafaro lied to you from day one, didn't he?
RD: Yes, he did.
JT: And everything he said was a lie?
RD: And I have numerous witnesses where he lied to them.
* * * * *
RD: Like I said, I can only tell the truth. I fear for my
children's lives. I'm scared to death.
JT: You're going to be subpoenaed by me.
RD: Do it through the attorney.
JT: I will.
RD: The threats and intimidation; I'm willing to go to the
media. I'm willing to go anyplace, you know.
JT: File your lawsuit and go to the media and say their
zeal to get Traficant, they wanted me to lie. That's the
bottom line; and they pressured me to lie and made it known
very clearly from what you told me that if I lie, all my
problems would go away.
RD: I didn't lie. They wanted me to. I refused. I just said
keep calm. I've discussed with my wife. I discussed it with
other associates. They said that I was (UNINTELLIGIBLE) with
the IRS. I basically couldn't even speak and my family
members sat there with me, and they said, Rick, we know you;
you won't lie; you don't lie; don't lie. Don't be coerced
into lying. I said they're telling me they're going to ruin
my life if I don't.
I'm basically at my breaking point. I'm mentally running, I
mean to tell you the truth; I'm ready to just go ahead and
blow my head off. It is so bad, if it wasn't for my kids and
the strain it would have on my kids, I'd be gone.
4. Mr. Detore, because he would not lie, was charged with a
superceding indictment with me.
This information is evidenced in Mr. Detore's sworn
declaration in his Motion to Dismiss filed with the court. It
states in pertinent part:
``30. Mr. Morford attempted to pressure me [Detore] to
change my statement that I knew of no acts of corruption
involving Congressman Traficant, J.J. Cafaro, and USAG.''
5. Mr. Cafaro and Mr. Lange both testified that they bought
me a welder and a generator, which is another lie, since I
would have no use for these items having already owned a
welder and generator. The welder and generator were given to
me at my D.C. office to deliver to Brian Kidwell, a
constituent of mine, who had stated to me and the officials
at USAG, once he saw the first completed trailer, that he
could ``build the trailers needed for the company at a great
savings.'' He further stated that ``you [USAG]'' provide me
with a welder for aluminum work and a quality generator and
I'll save ``you up to 40% on trailer costs.''
Mr. Kidwell testified under oath that the generator perished in a
fire and affirms that he has reported this information to his insurance
company.
The welder was photographed and scheduled for delivery to the U.S.
District court in Cleveland so it could be shown to the jury that it
was unused. The welder was picked up at Mr. Kidwell's residence in
Vienna, Ohio under extremely suspicious and threatening circumstances.
The following affidavit by Mr. Kidwell describes the events:
[[Page E1013]]
Affidavit of Brian Kidwell
Saturday, April 2, 2002
I hereby swear that the following accounts of events that
occurred concerning an unused welder delivered to me from
USAG by James A. Traficant, Jr. are true and accurate.
On Friday afternoon, March 22, 2002, at approximately 3:30-
4:30 p.m. a dark blue Ford pick-up truck of a newer model
pulled into my driveway at 1861 Youngstown-Kingsville Road,
Vienna, Ohio.
There were three big white men in the truck.
They backed the truck up to the building where the USAG
welder was stored and being prepared to be shipped to
Cleveland as evidence in the Traficant Trial.
They proceeded to take the unused USAG welder out of the
eastern garage door that the welder had been stored in. The
door measured ten feet in height and nine feet in width.
They then loaded, by hand, lifting the welder onto the bed
of the blue Ford pick-up truck. I did not help load the
welder. It was my impression that it was a half-ton pick-up
truck, single cab.
In addition, they had also taken all equipment pertaining
to the welder and also my personal used yellow acetylene tank
that was stored on the back of the unused welder.
They then asked me, after they loaded the unused welder,
the equipment associated with it, and my used acetylene tank.
if that ``blue pick-up truck that just pulled out'' belonged
to my son.
I said, ``yes.''
I then told them that the welder was to be delivered to
Cleveland.
They said, ``This welder is not going to Cleveland.''
Then they said, ``if you are asked, you did not see this
welder going out of here.''
They proceeded to place a restraining nylon tie down strap
over the welder to secure it to the truck bed. The
restraining tie down nylon strap was my property and has not
been returned.
I became very nervous and afraid when I realized that these
men were not sent by Congressman Traficant for the purpose of
having the welder delivered to the Cleveland Court.
I further became concerned and afraid for my three children
since evidently, they knew my one son at least by asking
about his blue Chevrolet pick-up truck, which had just left.
When I testified in Cleveland at the Traficant Trial,
Monday, March 25, 2002, I was afraid to mention to
Congressman Traficant what had occurred and led the
Congressman to believe that the welder would be delivered to
Cleveland for inspection.
I did this for the safety and concern of my three children.
The three men never identified themselves and by their
behavior and intimidation I did not attempt to stop them.
After considering all possible circumstances, I decided to
avoid everybody until the trial was over, since photographs
had been take of the machine extensively by Dominic Marchese,
photographs that I had truthfully identified for the Court on
March 25, 2002.
My attempts to avoid any contact were interrupted by the
unexpected visit of Congressman James A. Traficant, Jr. and
Dominic Marchese on Saturday morning approximately 5:50 a.m.
on April 6, 2002.
I then admitted what had occurred on listed above and asked
Congressman Traficant to protect my family in any way he
could so that I would not get into trouble for failing to
report this. It was never my intention to break any laws, my
concerns were for my children, especially Gary, whom the
three men had alluded to as having owned a blue pick-up
truck.
I never saw any identification. I never asked if they
represented any company not the government, I just followed
their instructions to ``stay out of this.''
The above is a true and accurate statement.
Sworn before a notary on April 6, 2002.
Since this ordeal, Brian Kidwell has been notified that there have
been visits to his employer concerning activities at his workplace and
now suspects that the government is behind this because of Mr.
Kidwell's belief that the government illegally tampered with evidence
by picking up the welder.
Another element in this count was that J.J. Cafaro alleged that he
gave me $13,000 in cash while sitting in a car after a meeting outside
of a building at Youngstown State University. Again, Mr. Cafaro
perjured himself.
Former clerk to Chief Justice Thomas Lambros, Attorney Percy Squire,
was asked by me to be a character witness. When Atty. Squire arrived
for his court appearance, he said.
``Why do you want me as a character witness, I know first hand that
Bucci and Cafaro are lying.''
Cafaro maintained that after a lengthy meeting at YSU that we (Cafaro
and myself) ``waited until everyone left'' got into his car and ``drove
around the block'' when he gave me $13,000 cash.
Atty. Squire testified that he was serving as an official advisor of
a community group at the meeting and walked out with me and saw me
immediately get into a green truck and the driver of the truck drove
off. Brian Kidwell, who testified that he picked me up directly after
the meeting, owned the truck.
I presented two witnesses to impeach the testimony of J.J. Cafaro,
who the prosecutors had called a ``liar'' in a formed RICO trial and
now suborns Cafaro's perjury and permits a conspiracy to continue
between Cafaro and Al Lange to help them to gain a conviction against
me.
Because of his participation in my conviction, I imagine that Mr.
Cafaro's fate will probably resemble that of Anthony Bucci, who made
three federal plea agreements and is working on his fourth, which has
rewarded him with 6 weeks home detention and 2 years of probation for
his crimes against the government.
Since the trial I have also learned that J.J. Cafaro wanted Al Lange
to sign a demand note for money extended relative to my boat. I've also
learned that Mr. Cafaro continues to pay for Mr. Lange's
hospitalization to this date and continues to even though the USAG
Company has since dissolved and Mr. Lange is not an employee of Mr.
Cafaro's.
The question is . . . was Mr. Lange represented by his own attorney,
or was he really represented by Mr. Cafaro's attorney? What is even
more unusual is that Mr. Cafaro was the government's least credible
witness, as evidenced by statements by the jurors, yet they threw out
overt acts associated with other witnesses and left all the Cafaro
garbage in.
Again, no physical evidence, no wiretaps, no tapes, no hidden
microphones and no fingerprints on more than 1000 documents. How is it
possible to reach a conclusion beyond a reasonable doubt with only
circumstantial evidence and the testimony of felons, in a RICO case?
And next, as promised . . . Pinocchio, Attorney at Law.
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