[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

                                 ______
                                 

                      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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