Posted on 08/15/2002 6:42:02 AM PDT by PJ-Comix
To avoid any appearance of impropriety, U.S. District Judge Lesley Brooks Wells will not preside over the case of a Virginia engineer accused of conspiring to bribe imprisoned ex-congressman James A. Traficant Jr.
In an order filed Friday in federal court in Cleveland, Judge Wells recused herself from the case of Richard E. Detore, who once served as chief operating officer at USAerospace Group in Manassas, Va. USAG, owned by J.J. Cafaro of Liberty, which went out of business in early 2000.
Judge Wells' husband, Charles F. Clarke, is a partner at Squire Sanders & Dempsey, which has more than 700 lawyers. The firm had performed legal work on behalf of USAG.
Clarke never represented Cafaro, USAG or the Cafaro Company, court papers show.
Judge Wells, who presided over Traficant's trial, declined to preside over Cafaro's case because of the potential conflict. Cafaro pleaded guilty in May 2001 to providing Traficant with an illegal gratuity and will be sentenced Wednesday by U.S. District Judge Solomon Oliver Jr.
Financial interest
Judge Wells became aware through a transcript of testimony Detore gave July 16 to a U.S. House of Representatives ethics subcommittee that he had a financial interest in USAG. Detore said at the hearing that he had 2.5 percent "holding in, ownership in" the company.
Judge Wells stepped off the case "to avoid any possible appearance of impropriety."
Detore's trial is set for Nov. 12. U.S. District Judge Ann Aldrich has taken over the case.
Judge Aldrich presided over Traficant's first bribery and tax evasion trial in 1983. He had been accused of taking $163,000 in mob bribes during his successful run for Mahoning County sheriff in 1980.
He won acquittal representing himself but later lost a civil tax case and had to pay tax on the mob money he failed to claim as income.
After four years as sheriff, Traficant won election in 1984 to the U.S. House of Representatives.
He served as the 17th District congressman until July 24, when the House expelled him. The expulsion followed his 10-count conviction in April on charges of racketeering, bribery, obstruction of justice and tax evasion.
Judge Wells sentenced him July 30 to eight years in prison.
Traficant is serving his sentence at a federal prison in central Pennsylvania.
Detore is accused of taking part in Cafaro's efforts to financially reward Traficant for Traficant's promotion of USAG technology with federal agencies.
Judge Wells' husband, Charles F. Clarke, is a partner at Squire Sanders & Dempsey, which has more than 700 lawyers. The firm had performed legal work on behalf of USAG.
Clarke never represented Cafaro, USAG or the Cafaro Company, court papers show.
Huh? So what. Yeah, Clarke migh not have REPRESENTED Cafaro, USAG, or the Cafaro company PERSONALLY but because his law firm did then he does have a financial stake.
Judge Wells stepped off the case "to avoid any possible appearance of impropriety."
Hey, Judge Wells! Too bad you didn't do this in the Traficant case since the same CONFLICT OF INTEREST was involved there as well. I know there are a lot of Traficant bashers out there but can ANY of you give me a GOOD REASON why the Trafidant case SHOULD NOT be overturned on appeal. By Judge Wells indirect admission, there was most DEFINITELY a CONFLICT OF INTEREST and she should have RECUSED herself from the Traficant case as she did in the latter case of Detore.
Anyway, I sure hope Traficant's appeals lawyers use Judge Wells' tardy recusal as a basis for overturning the Traaficant case on appeal.
You can say that again! Judge Wells recuses herself (I think due to the fact that "The Traficant Zone" article turned her into a laughingstock) because of a conflict of interest involving her husband in a court case---The EXACT SAME conflict of interest that existed in the Traficant case. Appeals courts overturn cases on the tiniest of technicalities and yet here we have a GROSS ABUSE OF JUSTICE. Judge Wells is basically now admitting that it was improper for her to have served as the Judge in the Traficant case.
Again, if there is ANYBODY out there who thinks why this case SHOULD NOT be overturned on appeal, I sure would like to hear from him/her.
Interesting turn of events
The appeals process takes a long time. The best Trafficant can realisticly hope for is a new trial is ordered. The only way he could ever get out in a week is if somebody granted him a pardon - that is not likely. If he had shown some sense in the first trial and gotten a legal team Trafficant might not have be in prison or might have gotten a lesser sentence. The right to consul clause of the Constitution was put to protect the rights of the accused. Trafficant should have used it. It was stupid for him to think that a bunch of catch phrases could have weasled himself out of jail.
This sheds some light on Traficant's fight against the IRS.So he's acquitted of taking bribes,but then had to pay taxes on the bribes they couldn't prove he took???I know the burden in a civil case is not as stringent as a criminal case,but this is ridiculous.
Actually an INCREDIBLE turn of events. Judge Wells has recused herself for the exact SAME reasons that were present in the Traficant case. Why is no commentator of not picking up on this? O'Reilly? Rush? Andrew Sullivan? WHERE ARE YOU???
Care to give us a REASON? Judge Wells has recused herself for the EXACT SAME REASONS that were present in the Traficant case. I see NO REASON why this case shouldn't be overturned on appeal. Conflict of interest is PLAIN TO SEE. But perhaps you can give us a reason why the case shouldn't be overturned?????
Perhaps I should e-mail that Traficant Zone story to radio DJ's in Northeast Ohio to turn up the heat. There is NO ESCAPING the miscarriage of justice that you have perpetrated, Judge Wells.
(216) 357-7000
Their too many members of Congress with lifetime ACU ratings of in the 30's.
On a purely political level, I don't think Mr. Traficant is someone to be admired. Even if he is able to get off - questions of his moral standing (or lack of) are well known. So for him to be charged with racketeering, bribery, obstruction of justice and tax evasion is of no surpise to me. I support Traficant no more than I would support a Republican who broke the law. I will never understand, how so many "conservatives" can claim to support this man and his liberal voting record. I would point out his lifetime voting record is more liberal than Lincoln Chafee. If he were to switch parties he would be among the GOP's shirking liberal wing. On a website were a few irrational fantanics label Jesse Helms or Ronald Reagan as Rinos because they disagree on a issue, Traficant is given a pass by many. Sure, Traficant would occasionally make a good point, even a blind chuckmunk can an acorn on occasion.
I don't think there would be a retrial. The government won't be able to get those witnesses to lie again plus the witnesses already kept up their end of the bargain by falsely testifying in exchange for reduced sentences or to have charges dropped again. They won't do it again for a retrial.
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