The Herald, Sharon, PA Published Thursday, Feb. 14, 2002

CLEVELAND

Ex-Traficant staffer tells of kickbacks

CLEVELAND (AP) -- U.S. Rep. James A. Traficant Jr. acknowledged today that his case was damaged by an ex-employee's testimony about paying $32,500 in kickbacks and then destroying evidence at Traficant's request.

"Any testimony that is negative about me isn't helpful," he said as he entered the federal courthouse for the second day of testimony in his corruption and bribery trial.

Traficant, 60, is defending himself on conspiracy for bribery, tax fraud and racketeering. He is not a lawyer. If convicted, the former Mahoning County sheriff could be sentenced to 63 years in prison and could face expulsion from the House.

Traficant also represented himself in 1983 when a federal court jury acquitted him in Cleveland of having taken $163,000 in bribes from Youngstown mobsters.

The government plans to call several bank officials from the Youngstown area, most likely to testify about Traficant's efforts to help a local contractor get a loan.

Former Traficant staff member Allen Sinclair testified Wednesday he decided that he should report payments of $2,500 a month to the FBI. Sinclair was the first witness to testify in the trial of the nine-term Democrat.

Traficant was to complete his cross-examination of Sinclair today. The congressman said after court on Wednesday that he wanted to ask more questions about Sinclair's financial situation.

Prosecutors showed the jury 16 charred fragments that Sinclair said were the remains of some envelopes he had started to burn before deciding to put out the fire and cooperate with authorities.

Throughout the first day of testimony day, U.S. District Judge Lesley Wells reminded Traficant not to make arguments or give testimony from the defense table. Traficant complained that she had not given him enough leeway on cross-examination.

"I think you have had a good bit of leniency," Wells said.

Traficant has been barred from arguing in his defense that he is the victim of a government vendetta. But in his opening statement, Traficant told jurors that the government was out to get him, partly for his legislative actions involving the Internal Revenue Service.

Paul Bray, 41, of Boardman was a courtroom observer who was attracted to the trial by curiosity.

"This morning I had an open mind," he said. "But after I saw what they did to him this afternoon, he is getting railroaded here. He was getting cut off, there were times when the judge would stop him even if the government hadn't objected. They should let him speak and ask questions."



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