VOLUME I
:
TRANSCRIPT OF TRIAL PROCEEDINGS -<-;:.? TJ
3:
-
- - I ' .
i
HAD BEFORE THE HONORABLE - '
JAMES S. GWIN, JUDGE OF SAID COURT, ON<:-; ,,--
-.. S
MONDAY, AUGUST 8, 2005 AT 8:00 ."./ -.1
APPEARANCES:
others.
The case i s b e f o r e t h e c o u r t t o d a y f o r
purposes of t r i a l .
We a r e g o i n g t o b e g i n w i t h t h e j u r y , so is
t h a t a r e p e n d i n g , y o u r Honor, t h a t h a v e n o t b e e n
with, I t h i n k , v i r t u a l l y a l l o f them.
Honor, i n c h e c k i n g t h e --
THE COURT: Which o n e s s p e c i f i c a l l y d o you
b e l i e v e have n o t been d e a l t w i t h ?
w h i c h I ' v e a s k e d y o u r Honor t h a t t h e p r a c t i c e o f
i n t e r i m a r g u m e n t --
that the court has ruled on but that I would ask for
court.
it.
MR. EMOFF: I --
THE COURT: What -- let's go through it
assistance of counsel.
time .
anticipated to take.
government.
argument?
Thank you.
under seal.
of it on opposing counsel.
ask, do you --
courtroom.)
12
the court.
I would b e g i n t h i s m o r n i n g b y i n t r o d u c i n g
I ' l l b e t h e judge p r e s i d i n g o v e r t h i s t r i a l .
I a l s o would i n t r o d u c e you t o t h e d e p u t y
t h i s c a s e you w i l l be u n d e r h e r care, c u s t o d y a n d
control.
T h r o u g h o u t t h e t r i a l you w i l l n o t b e
e v e r h a v e a n e e d t o communicate w i t h u s you n e e d t o
c a r e o f a n y c o n c e r n s you h a v e o r n e e d s .
you, I would b e g i n t h i s m o r n i n g b y g i v i n g a g e n e r a l
e x p l a n a t i o n s o t h a t you would h a v e a b e t t e r
u n d e r s t a n d i n g o f t h e r e s p o n s i b i l i t i e s you w i l l h a v e
and t h e r e s p o n s i b i l i t i e s of the v a r i o u s p a r t i c i p a n t s
13
in this case.
case.
in.
be.
So I have the responsibility of ruling on
evidence.
through testimony.
evidence.
consider.
16
stipulations.
exhibit.
particular case.
affirmation.
questions.
o f America i s r e p r e s e n t e d b y a t t o r n e y s M r . Steven
D e t t e l b a c h , M s . B e n i t a P e a r s o n , a n d M s . Mary B u t l e r ,
representative.
M i c h a e l M a s s i e from t h e F e d e r a l B u r e a u o f
Investigation. And s i t t i n g a t t h e e n d o f t h e t a b l e
I n t h i s c a s e , one o f t h e d e f e n d a n t s i s
them t o s t a n d a n d p r o d u c e t h e i r c l i e n t t o t h e j u r y .
J o s e p h J o n e s , h e ' s a Councilman i n t h e C i t y o f
Cleveland, Ohio.
this trial.
number?
JUROR: 17.
are juror number 1, and sir in the back left you are
number 14?
in July.
applied for.
THE COURT: Okay.
personally?
JUROR: Yes.
JUROR: Yes.
JUROR: By phone.
JUROR: 15 to 20 minutes.
JUROR: Yes.
JUROR: No.
JUROR: Yes.
indictment of him?
JUROR: I had a conversation in my office
some time in July that, after receiving notice for
in your office?
the case.
o f f i c e h a v e a n y c o n t a c t w i t h him?
a n y c o n t a c t w i t h him?
JUROR: No.
y o u r r e l a t i o n s h i p w i t h him?
JUROR: I t ' s o n l y b e e n p r o f e s s i o n a l , my
r e l a t i o n s h i p w i t h him. And i t h a s b e e n o n l y a s i t
r e l a t e d t o t h e Smoke F r e e C l e v e l a n d c a m p a i g n .
e x p r e s s e d any o p i n i o n a b o u t t h e g e n e r a l e x p l a n a t i o n
brought?
JUROR: No.
THE COURT: To a n y o n e ?
JUROR: No.
THE COURT: Does a n y b o d y e l s e know a n y o f
o f you h a d a n y c o n t a c t w i t h them a t a l l , e i t h e r
directly or indirectly?
a verdict. Okay?
political corruption.
of Cleveland.
And t h e government a l l e g e s g e n e r a l l y t h a t
And t h a t a s a r e s u l t of t h a t , t h e law
t h e government a l l e g e s g e n e r a l l y t h a t t h i s company
water company --
I t ' s g e n e r a l l y a l l e g e d by t h e government
of t h o s e monies t o t h e Mayor.
There i s o t h e r a l l e g a t i o n s with r e g a r d t o
t h e E a s t Cleveland, b u t t h o s e a r e a t l e a s t some of
them.
W i t h r e g a r d t o t h e C i t y of Cleveland,
28
there is generally an allegation that the defendant
clients.
buildings.
were given.
And the Government alleges that the
defendant in this.
conspiracy, to basically --
F i r s t o f a l l , do a n y o f you h a v e a n y p e r s o n a l
knowledge o f a n y o f t h e a l l e g a t i o n s ?
(No r e s p o n s e . )
Can a n y o f you r e c a l l r e a d i n g a n y t h i n g a b o u t t h i s ?
(No r e s p o n s e . )
r e a r , h a v e a n y o f you r e a d a n y t h i n g a b o u t t h i s o r
television o r anything e l s e ?
(No r e s p o n s e . )
How a b o u t i n t h e s e c o n d row?
(No r e s p o n s e . )
JUROR: My m o t h e r i s a r e s i d e n t o f t h e
C i t y of Cleveland, C i t y of E a s t Cleveland.
Onunwor?
JUROR: Yes.
The Mayor h a s a l r e a d y p l e d g u i l t y ; d i d s h e e x p r e s s
JUROR: Yes.
occurred.
Cleveland.
that specifically?
guilt?
JUROR: Yes.
JUROR: 36.
closely?
charges.
JUROR: Yes.
with interest?
scrutiny.
Department.
JUROR: Chatch.
of East Cleveland.
this Ciacci.
Hill.
JUROR: Right.
row.
JUROR: 39.
reading?
it.
Was t h e r e anybody e l s e ?
(No r e s p o n s e . )
have i n d i c a t e d h a v i n g h e a r d s o m e t h i n g a b o u t t h i s o r
I began.
Your r e s p o n s i b i l i t i e s a r e t o j u d g e t h e
e v i d e n c e i n t h i s c a s e and d e c i d e w h e t h e r t h e
of t h e d e f e n d a n t ' s g u i l t .
t h a t any o f you h e a r d a r e n o t e v i d e n c e i n t h e c a s e .
you a r e c h o s e n t o s i t a s a j u r o r on t h i s c a s e you
have t o d i s r e g a r d t h o s e a n d make y o u r d e c i s i o n b a s e d
o n l y on e v i d e n c e .
a s i d e t h a t e v i d e n c e t h a t you -- o r n o t t h a t
37
(No response.)
have t h e f i n d t h e d e f e n d a n t s n o t g u i l t y .
Do a n y o f you h a v e a p r o b l e m w i t h t h a t ?
(No r e s p o n s e . )
way t h a t t h e g o v e r n m e n t , t h a t . t h e d e f e n d a n t s h a v e
a n y o b l i g a t i o n t o o f f e r e v i d e n c e o r t o c o n v i n c e you
of anything i n t h i s case?
(No r e s p o n s e . )
(No r e s p o n s e . )
with t h a t a t a l l ?
(No r e s p o n s e ) .
THE COURT: Now t h e c o n v e r s e i s a l s o t r u e .
I f a t i n end o f t h e c a s e t h e government h a s
c o n v i n c e d you beyond a r e a s o n a b l e d o u b t t h a t t h e
d e f e n d a n t s a r e g u i l t y o f o n e o r more o f t h e
o f f e n s e s , you would h a v e t o f i n d t h e d e f e n d a n t s
g u i l t y of t h a t offense o r offenses.
So a t t h e e n d o f t h e d a y , a t t h e e n d o f
t h e c a s e , i f you a r e c o n v i n c e d b e y o n d a r e a s o n a b l e
your r e s p o n s i b i l i t y a s a j u r o r , and a s a c i t i z e n ,
would b e t o f i n d t h e d e f e n d a n t s g u i l t y , o r t h e
d e f e n d a n t g u i l t y , a s t h e e v i d e n c e may w a r r a n t .
Do a n y of you h a v e a p r o b l e m w i t h t h a t ?
(No r e s p o n s e . )
m o r a l o r r e l i g i o u s t e a c h i n g s t h a t s a y you c a n n o t s i t
i n judgment o f o t h e r s ?
(No r e s p o n s e . )
(No r e s p o n s e . )
JUROR: 20.
w i t h a n d how l o n g a g o ?
a t t o r n e y s t o come a s w e l l .
(Discussion a t t h e s i d e b a r between
j u r o r number 2 0 , t h e C o u r t a n d t h e
attorneys, as follows:)
BY THE COURT:
Q What w e r e you c h a r g e d w i t h ?
25 A Theft of drugs.
Q How long ago?
A 2001, officially.
A No.
A t t h a t t i m e w e r e you u s i n g t h e d r u g s ?
Well, I t u r n e d m y s e l f i n , b u t n o t s i n c e .
THE COURT: Do a n y o f t h e d e f e n d a n t s h a v e
any q u e s t i o n s ?
8 t h e p r o s e c u t i o n i n your c a s e ?
No.
t h e j u r y on b e h a l f o f t h e d e f e n d a n t .
additional questions.
a n y --
Honor.
(The f o l l o w i n g p r o c e e d i n g s were
conducted i n open c o u r t . )
THE COURT: Is t h e r e a n y b o d y e l s e t h a t h a s
been charged?
Ma'am, w h a t ' s y o u r number?
42
JUROR: 21.
h o w l o n g ago?
JUROR: 1968.
JUROR: A s s a u l t and b a t t e r y .
o r w e r e y o u prosecuted i n s o m e m u n i c i p a l c o u r t ?
JUROR: Municipal c o u r t .
THE COURT: Is t h a t e x p e r i e n c e g o i n g t o
have a n y e f f e c t upon y o u r a b i l i t y t o f a i r l y t r y t h i s
case?
JUROR: No.
JUROR: 26.
JUROR: Yes.
JUROR: DUI.
JUROR: No.
(No response.)
(No response.)
JUROR: 5.
JUROR: Son.
JUROR: Assault.
or felony?
t h e w a y t h a t w a s handled t h a t w o u l d i m p a c t your
a b i l i t y t o f a i r l y t r y t h i s case?
have a n y --
JUROR: I d o n ' t t h i n k it w o u l d , based on
r e l a t i v e l y close f a m i l y m e m b e r o r f r i e n d here.
i t ? What's y o u r n u m b e r f i r s t of a l l .
JUROR: 17.
with?
JUROR: A y e a r ago.
JUROR: I t w a s i n m u n i c i p a l court.
Common P l e a s C o u r t ?
JUROR: Yes.
JUROR: H e served t h r e e m o n t h s t i m e .
Do you have a n y s e n t i m e n t -- h o w do y o u ,
do y o u t h i n k t h a t w a s f a i r ?
JUROR: Yes.
c o m p l a i n t s a b o u t t h e f a c t t h a t h e w a s charged i n
t h a t case?
JUROR: No.
f i r s t r o w t h a t has a n y f a m i l y m e m b e r , relatively
c l o s e f r i e n d , w h o w a s charged o r c o n v i c t e d of a
felony offense?
Ma'am, your n u m b e r .
JUROR: 28.
JUROR: I have a n e p h e w w h o i s s e r v i n g
t i m e i n prison i n C a l i f o r n i a . I have no i d e a of
w h a t t h e charge w a s o n .
i m p a c t o n y o u r a b i l i t y t o t r y t h i s case?
JUROR: No.
JUROR: 33.
JUROR: Daughter.
JUROR: Flee.
JUROR : Running.
JUROR: No.
JUROR: 40.
JUROR: My sister-in-law.
believe.
JUROR: No.
JUROR: No.
THE COURT: Ma'am, what's your number, 11?
JUROR: 12.
JUROR: No.
did.
48
Third, indicate to us what your spouse,
Juror number 5.
Fredericksburg, Ohio.
Fredericksburg.
Juror number 6.
in Akron.
juror number 5.
Juror number 8.
school secretary.
JUROR: My name i s M i c h a e l N o w i c k i . I
l i v e i n S t r e e t s b o r o , Ohio. I ' m an e n g i n e e r f o r
G o o d r i c h C o r p o r a t i o n , a n d my w i f e i s i n p u b l i c
Juror 12.
Shimko. I l i v e i n Akron. My h u s b a n d i s r e t i r e d ,
J u r o r number 1 3 .
Goodyear. And my w i f e i s a r e a l e s t a t e a g e n t . I
l i v e i n Hudson.
Juror 1 4 .
JUROR: My name i s J o h n P r i t c h a r d . I l i v e
THE COURT: We s h o u l d o f f e r
congratulations.
JUROR: T h a n k you.
g e t --
that l i s t ?
J u r o r 15.
JUROR: My n a m e i s K a t h l e e n L e h r .
l i t t l e louder? S p e a k a s i f you a r e t a l k i n g t o t h e
c o u r t reporter.
JUROR: My n a m e i s K a t h y L e h r . I'm a
JUROR: My n a m e i s L i s a E l t o n . I live i n
t h e C i t y of A k r o n . I w o r k f o r a h o m e care a g e n c y ,
Juror number 1 7 .
52
JUROR: My name is Yvonne Oliver. I live
in the City of Akron. I'm a self-employed
authority in Cleveland.
minister.
an office manager.
My w i f e works a t Akron G e n e r a l a s a n R N .
Wooster. I ' m a r e g i s t e r e d n u r s e a n d my h u s b a n d i s
i n customer s e r v i c e .
J u r o r 23.
I l i v e i n Windham, Ohio a n d r e t i r e d , 20 y e a r s f r o m
t h e m a c h i n e work i n S o l o n , now a s a r e c e i v i n g c l e r k .
JUROR: My name i s S h a r o n F e e m s t e r . I
l i v e i n N e w P h i l a d e l p h i a , Ohio. My h u s b a n d a n d I
o u r company.
i n O r v i l l e , Ohio. I work i n a n a c c o u n t i n g o f f i c e ,
54
JUROR: Right.
teacher.
JUROR: Divorced.
Not married.
sales.
professionals.
THE COURT: Juror 40.
in Cleveland.
private practice.
then.
JUROR: 65 miles.
THE COURT: Juror 42.
personally?
JUROR: 17.
friend.
no.
Pinson.
same person.
Anybody else?
(The f o l l o w i n g p r o c e e d i n g s were
them --
trying to be careful.
that name.
on the list.
for them.
(No response.)
victims of crime?
(No response.)
S i r , w h a t ' s your n u m b e r .
JUROR: 36.
JUROR: My n i e c e w a s m u g g e d i n P i t t s b u r g h
a b o u t s i x w e e k s ago.
offense?
JUROR: I see h e r a c o u p l e t i m e s a y e a r .
i m p a c t on y o u r a b i l i t y t o f a i r l y t r y t h i s c a s e .
JUROR: No.
number.
JUROR: 37.
f a m i l y a v i c t i m of a c r i m e ?
JUROR: I w a s a v i c t i m of c r e d i t c a r d
fraud.
JUROR: A b o u t 7 o r 8 y e a r s ago.
i m p a c t on y o u r a b i l i t y t o f a i r l y t r y t h e c a s e ?
JUROR: No, sir.
a couple t i m e s .
most recent?
JUROR: A b o u t t h r e e y e a r s ago.
a b i l i t y t o f a i r l y t r y t h i s case?
JUROR: No.
JUROR: 24.
JUROR: 24.
f a m i l y member?
JUROR: A b o u t s i x y e a r s ago m y n i e c e a n d
served t h e t i m e .
JUROR: No.
Ma'am, your n u m b e r .
66
JUROR: 28.
THE COURT: And what happened in your
family.
into and the stereo was taken. And that was about
18 months ago.
(No response.)
court?
JUROR: 14.
testimony.
ago.
THE COURT: Was it a criminal case or
civil case?
JUROR: No.
testimony?
JUROR: 24.
JUROR: No.
testimony.
Juror 9 ?
JUROR: Yes.
JUROR: No.
JUROR: No.
(No response.)
69
bribery.
JUROR: Yes.
not sure.
(No response. )
shorter days but you have more days, you can have
a juror?
JUROR: 24.
you have.
JUROR: 24.
at five .
Tylenol?
condition?
(No response. )
of privacy.
invasion of privacy?
terrorism link.
cameras?
JUROR: No.
public authorities?
JUROR: 38.
JUROR: Yes.
funding.
73
p r i o r c o n t r a c t i n g p r o c e s s t h a t you t h i n k i s g o i n g t o
have a n i m p a c t here?
JUROR: No.
(No r e s p o n s e . )
r e l a t i v e l y close f a m i l y m e m b e r s o r f r i e n d s w h o are
attorneys?
JUROR: I ' m n u m b e r 1 2 , a n d my b r o t h e r i s a
p r a c t i c i n g attorney i n Akron.
THE COURT: Is h i s n a m e T i m ?
practice?
JUROR: A l i t t l e b i t of e v e r y t h i n g .
THE COURT: D o e s h e do c r i m i n a l d e f e n s e
work.
JUROR: Yes.
w o r k h e does?
JUROR: Sometimes.
THE COURT: I s h i s d e s c r i p t i o n of t h e w o r k
a n y e f f e c t upon y o u r a b i l i t y t o f a i r l y t r y t h i s
case.
J u r o r number 9 .
m i n e , my b e s t f r i e n d i s a n a t t o r n e y .
JUROR: H e does r e a l e s t a t e .
j u d i c i a l o r t r i a l e x p e r i e n c e h e ' s h a d t h a t would
i m p a i r your a b i l i t y t o f a i r l y t r y t h i s c a s e ?
JUROR: No.
are attorneys.
JUROR: My o n e u n c l e w o r k s i n C l e v e l a n d
a n d h e h a d d o n e c r i m i n a l work b e f o r e . And my o t h e r
not criminal.
JUROR: No.
Kessler.
JUROR: Yes.
talked to him?
JUROR: Saturday.
JUROR: Yes.
case?
g o i n g t o have a n i m p a c t on y o u r a b i l i t y t o f o l l o w
t h i s case.
JUROR: I do n o t f e e l i t w o u l d i m p a c t m y
ability.
S i r , y o u r n u m b e r again?
f r i e n d s w h o do i n s u r a n c e o r i e n t e d l e g a l w o r k .
c o n v e r s a t i o n s a b o u t cases o f t h i s t y p e t h a t w o u l d
i m p a c t you?
What i s y o u r n u m b e r ?
JUROR: 42.
THE COURT: Okay.
JUROR: My n e p h e w i s a p r o s e c u t i n g
a t t o r n e y i n South D a k o t a .
c o n t a c t do you have w i t h h i m ?
C o u p l e t i m e s a year.
THE COURT: Is t h a t g o i n g t o i m p a c t y o u r
a b i l i t y t o f a i r l y t r y t h e case?
No, sir.
witnesses?
(No response.)
witnesses?
(No response.)
JUROR: 17.
campaigns in Cleveland?
JUROR: No.
JUROR: No.
political campaigns?
JUROR: Yeah.
JUROR: 12.
Tina Maretti.
JUROR: No.
years.
SO.
matter.
Councilman Jones.
particular jury.
Jones.
the --
(No response.)
(No response.)
officials.
Count 2 8.
City of Houston.
35, 36, 37, 38, 39, 40 with honest services mail and
wire fraud.
Houston.
wiretapped evidence.
JUROR: Yes.
are --
trial as well.
Juror 8?
September, so.
JUROR: Orlando.
JUROR: Okay.
sheet. I do have --
THE COURT: Just tell me, what.
start?
JUROR: Fifth.
going.
JUROR: Yes.
JUROR: Yeah.
appointments.
again?
JUROR: 24.
JUROR: Yes.
day?
this case while you are here. But when your jury
JUROR: Math.
(No response.)
JUROR: 28.
THE COURT: Um-hum.
JUROR: 31.
August 22nd.
system also?
me.
on the 29th?
JUROR: No.
hands?
evidence?
JUROR: No.
Yes, ma'am.
JUROR: Yes.
case.
So we a r e g o i n g t o t r y t o k e e p y o u i n t h e
m i n d f u l , t h o u g h , o f t h e s a c r i f i c e s you a r e m a k i n g .
L e t m e a s k t h e a t t o r n e y s t o come f o r w a r d .
(The f o l l o w i n g p r o c e e d i n g s were
conducted a t t h e s i d e b a r , o u t of t h e
h e a r i n g of t h e jury, a s follows: )
you w a n t t o a s k on b e h a l f o f t h e U n i t e d S t a t e s .
u n d e r s t a n d i n g , M r . Whitaker c a n s a y i f h e agrees,
t h a t y o u r w i t n e s s e s were n o t r e a d ?
supplemental.
wasn't f u l l .
heard.
a n d a l s o h e a r d I r v i n T a y l o r ' s name.
previous order.
on t h e c o u r t ' s o r d e r .
96
for us?
these.
97
MR. EMOFF: You did cover some of them,
your Honor.
friendship.
service.
that basis.
98
c o u r t , s t a r t i n g w i t h -- I w a n t e d , I think i t ' s
i m p o r t a n t t o s p e c i f i c a l l y a s k w h e t h e r a n y o f them
have b e e n i n v o l v e d a s a c o n s u l t a n t o r worked f o r a
consulting firm.
Then, i f t h e a n s w e r i s y e s , w h a t t y p e o f
c o n s u l t i n g work, w h e t h e r i t was p u b l i c o r p r i v a t e .
Also, I h a v e a l i s t o f q u e s t i o n s on my
l i s t f r o m 35 t o 4 2 t h a t g o t o b o t h t h e e d u c a t i o n a l
military.
q u e s t i o n s t h a t I t h i n k need t o be asked:
Do you u n d e r s t a n d t h a t p r o o f b e y o n d a
reasonable doubt i s t h e h i g h e s t s t a n d a r d ?
Do you u n d e r s t a n d t h a t you c a n n o t c o n v i c t
i f t h e government o n l y p r e s e n t s enough e v i d e n c e t o
make you s u s p i c i o u s , o r t h a t t h e g o v e r n m e n t o n l y
reasonable doubt?
politics.
legitimate professions?
aside?
conservative, or moderate?
campaign?
question.
was said.
in any way.
a b i l i t y t o s i t on a j u r y ?
Is t h e r e a n y t h i n g t h a t g i v e s you c o n c e r n
a b o u t w h e t h e r you c o u l d s i t f a i r l y ?
And t h e n two o t h e r s :
The c o u r t w i l l t e l l you n o t t o r e a d
have any d i f f i c u l t y f o l l o w i n g t h a t ?
And a l s o t h e c o u r t w i l l t e l l you n o t t o
d i s c u s s t h i s c a s e w i t h anybody, i n c l u d i n g y o u r
t h a t a s well?
THE COURT: Is t h e r e a n y t h i n g ?
r e a l l y , y o u r Honor. Does t h e j u r y e x p e c t t h e
d e f e n d a n t s t o p u t on a n y e v i d e n c e t o p r o v e t h e i r
And t h e o n l y o t h e r t h i n g I h a v e , y o u r
r e c o r d on b e h a l f o f M r . J a c k s o n , b a s e d upon t h e f a c t
j u r y a n d t e l l i n g them a b o u t t h e w i r e t a p s , a n d i t was
c o u r t a u t h o r i z e d a n d j u d g e a p p r o v e d , w h i c h may l e a d
them t o b e l i e v e t h a t t h i s c o u r t a p p r o v e d them, o r
g i v e them a n i n t e r e s t t o t h i n k t h a t i t was c o r r e c t .
103
And based on that, I'll lodge an
objection.
motion.
bathroom?
additional questions.
entities?
104
Are a n y o f you c h a r g e d w i t h e i t h e r
e n t e r t a i n i n g o r a c t i n g a s t h e g o b e t w e e n some
b u s i n e s s i n t e r e s t s and c o n t r a c t i n g a g e n c i e s ? You
know, w h e r e i n you h a v e c o n t a c t w i t h l e g i s l a t o r s a n d
you a r e b a s i c a l l y s o l i c i t i n g t h e i r s u p p o r t f o r y o u r
t o g e t c o n t r a c t s from p u b l i c o f f i c i a l s ?
I ' m j u s t simply t r y i n g t o e l i c i t t h e i r s u p p o r t f o r
legislation.
entertaining?
JUROR: No.
p e o p l e t o I n d i a n s games?
JUROR: Never.
nature?
JUROR: No.
that instruction?
(No response.)
(No response. )
you.
facts to be.
Do any of you believe that you will not
(No response.)
government?
upon?
JUROR: 39.
wasn't that.
JUROR: Oh.
testimony?
situation.
(No response. )
(No response.)
approach.
Councilman Jones.
relatively limited.
cause.
heard.
on the --
that.
her?
would react.
there.
deliberations --
straights.
without objection.
this case.
something?
office?
overrule it.
relative --
Any others?
ones?
that question?
excused.
challenge?
number 17.
w i l l be s e a t e d on t h a t c a s e .
t h e i r peremptories.
other case.
forward.
f o r a second?
request.
(The following proceedings were
fashion.
peremptory?
peremptory?
challenge.
government's reason --
Mayor Onunwor.
appropriate.
do that.
to be excused.
please.
e x c u s e j u r o r number 2, p l e a s e .
t o e x c u s e you f r o m s e r v i c e on t h i s c a s e . Please
report downstairs.
A c t u a l l y r e p o r t on t h i s f l o o r , I guess.
Does t h e d e f e n s e h a v e a f o u r t h p e r e m p t o r y ?
j u r o r number 30?
excuse j u r o r 1 4 , please.
e x c u s e d f r o m s e r v i c e on t h i s c a s e . With o u r thanks
f o r t h e t i m e a n d o u r r e q u e s t t h a t you r e p o r t
downstairs. O r I t h i n k i t ' s a c t u a l l y on t h i s f l o o r .
forward.
Does t h e Government h a v e a t h i r d
peremptory?
l i k e t o t h a n k a n d e x c u s e j u r o r number 8 .
123
THE COURT: Juror number 8, you'll be
restroom?
minutes, I think.
the witnesses was the wife of the dairy farm and she
was asked how did you know they were getting stray
bathroom.
number 1 9 , y o u r Honor.
Would j u r o r 24 come f o r w a r d .
Does t h e d e f e n s e h a v e a s i x t h p e r e m p t o r y .
y o u r Honor.
you t a l k t o a n y b o d y a b o u t t h i s c a s e ?
I had t o do.
Check i n on t h e o t h e r c a s e .
Does t h e g o v e r n m e n t h a v e a f o u r t h
peremptory?
l i k e t o t h a n k a n d e x c u s e j u r o r number 2 4 .
f o r t h e t i m e with us.
J u r o r 25, i f y o u ' l l t a k e a s e a t .
T h a n k s , ma ' am.
125
r e p o r t t o t h e j u r y commission f o r t h e o t h e r t r i a l .
Does t h e d e f e n s e h a v e a s e v e n t h
peremptory?
e x c u s e number 25, p l e a s e .
a g a i n on t h e o t h e r t r i a l .
Does t h e d e f e n s e h a v e a n e i g h t h
peremptory?
t o t h a n k a n d e x c u s e j u r o r number 2 1 .
and check i n .
forward.
Does t h e Government h a v e a f i f t h
peremptory?
challenge?
peremptory?
please.
final peremptory.
forward.
exercise.
so I'll deny.
alternates.
chair.
129
Does t h e g o v e r n m e n t h a v e a p e r e m p t o r y
c h a l l e n g e a s t o any of t h e t h r e e peremptory -- o r
t h r e e j u r o r s t h a t have been s e a t e d a s a l t e r n a t e s .
l i k e t o t h a n k a n d e x c u s e a l t e r n a t e number 3 3 .
e x c u s e d f r o m s e r v i c e on t h i s case.
forward.
Does t h e d e f e n s e h a v e a p e r e m p t o r y
c h a l l e n g e t o any o f t h e a l t e r n a t e j u r o r s ?
Honor.
t o t h a n k a n d e x c u s e j u r o r number 3 5 .
from s e r v i c e a s an a l t e r n a t e .
Does t h e Government h a v e a f i n a l
peremptory a s t o t h e a l t e r n a t e ?
Government would l i k e t o t h a n k a n d e x c u s e j u r o r
a l t e r n a t e number 3 6 .
forward.
130
as to the alternate?
particular case.
to other cases.
sworn.
was sworn. )
to the deputy.
deputy.
your own about the case. All the evidence will come
trial.
before we recess.
anything. Okay?
approach once.
conducted a t t h e s i d e b a r , o u t of t h e
h e a r i n g of t h e jury, as follows:)
THE COURT: W e l l --
25 m i n u t e s . B u t i s t h e r e a n o t h e r podium o r c a n t h a t
podium b e t u r n e d ? I l i k e t o u s e t h e podium.
MR. EMOFF: I t s e e m s t o be p l u g g e d i n t o
something t h e r e .
(The f o l l o w i n g p r o c e e d i n g s were
c o n d u c t e d i n open c o u r t . )
(The j u r y w i t h d r e w f r o m t h e c o u r t r o o m
a n d t h e f o l l o w i n g p r o c e e d i n g s were
c o n d u c t e d i n open c o u r t . )
want t o o b j e c t t o t h e s e q u e s t e r i n g o f t h e j u r y f o r
lunches.
t o be a s h o w i n g o f some c a u s e t o p u t t h e j u r y u n d e r
difficult.
it.
for us.
Government's, but --
(Luncheon recess.)
MONDAY AFTERNOON SESSION, AUGUST 8, 2005
seats.
from what the facts are. You and you alone will be
with it or not.
you.
not evidence.
c o n s i d e r it f o r any purpose.
Testimony t h a t t h e c o u r t h a s e x c l u d e d o r
t o l d you t o d i s r e g a r d i s n o t e v i d e n c e a n d m u s t n o t
be considered.
Anything t h a t you've s e e n o r h e a r d o u t s i d e
t h e c o u r t r o o m i s n o t e v i d e n c e a n d m u s t be
disregarded. You a r e t o d e c i d e t h e c a s e s o l e l y on
t h e evidence p r e s e n t e d h e r e i n t h e courtroom.
T h e r e a r e two k i n d s o f e v i d e n c e , d i r e c t
C i r c u m s t a n t i a l e v i d e n c e i s p r o o f o f f a c t s from which
you may i n f e r o r c o n c l u d e t h a t o t h e r f a c t s e x i s t .
I w i l l g i v e you f u r t h e r i n s t r u c t i o n s on
no -- b o t h a r e t o b e c o n s i d e r e d , b o t h c i r c u m s t a n t i a l
b e l i e v e t h a t a n y o n e i s n e c e s s a r i l y more p e r s u a s i v e
than others.
Examples t h a t a r e t y p i c a l l y g i v e n of t h a t
J o h n n y e a t t h e c a k e t h a t was i n t h e r e f r i g e r a t o r .
T h a t would be d i r e c t e v i d e n c e t h a t J o h n n y h a d e a t
139
And the law does not say that one is any better
c o n s i d e r i n g t h a t a d e f e n d a n t may o r may n o t t e s t i f y .
jurors.
the trial.
a separation of witnesses?
be moved out.
- - -
this case using their own words that you will hear
on t a p e .
contracts. 9 9 p e r c e n t o f my b u s i n e s s i s p u b l i c
r e a s o n b a s i c a l l y 90 p e r c e n t o f t h e t i m e a p e r s o n
N a t e Gray on how t o t r e a t p u b l i c o f f i c i a l s
l i k e Joe Jones.
t r i c k , o r e x a c t l y what t h e y a r e , t h e more b e t t e r
prostitute."
l i k e defendant G i l b e r t Jackson:
i s a n o t h e r c o n g r e s s m a n , t h e r e i s a n o t h e r mayor,
those expenses."
D e f e n d a n t G i l b e r t J a c k s o n , h i s w o r d s on
how t o u s e a $ 2 , 5 0 0 c h e c k t h a t N a t e G r a y h a s j u s t
s e n t you t o g e t t h e a t t e n t i o n o f a N e w O r l e a n s ,
Louisiana public o f f i c i a l .
g o i n g t o t u r n and f l i p i t t o him."
144
these defendants.
And t h e e v i d e n c e i s g o i n g t o show t h a t h e
worked w i t h d e f e n d a n t N a t e G r a y b o t h a s a c o r p o r a t e
c o r r u p t e n t e r p r i s e , t o p r o v i d e improper t h i n g s of
value t o public o f f i c i a l s .
And t h e n l a s t t h e r e i s t h e d e f e n d a n t N a t e
i s a t t h e c e n t e r o f t h i s c a s e , a n d who g r e a s e d palm
a f t e r p a l m a f t e r palm, t o u s e h i s own w o r d s .
them t o g e t what h e w a n t e d .
The e v i d e n c e w i l l show t h a t d e f e n d a n t G r a y
s e t up a n d r a n a c o r r u p t e n t e r p r i s e o u t o f h i s
b u s i n e s s , even a g a s s t a t i o n b u s i n e s s .
But most p e r t i n e n t t o t h i s c a s e , t h e
e v i d e n c e w i l l show t h a t t h e s e b u s i n e s s e s t h a t went
l e t t e r s f r o m t h e word N a t e s c r a m b l e d a r o u n d -- t h a t
t h e s e b u s i n e s s e s were u s e d , a n d M r . G r a y ' s
146
government's presentation.
c o n f l i c t s of i n t e r e s t . And t h i s c a s e i s about a
b a s i c fundamental p r i n c i p l e , t h a t t h e government
owes i t s 1 0 0 p e r c e n t l o y a l t y t o t h e p e o p l e .
t h e c o r r u p t i o n of t h i s p r i n c i p l e came from b o t h
s i d e s of t h e e q u a t i o n . From people on t h e p u b l i c
s e c t o r s i d e , p u b l i c and e l e c t e d o f f i c i a l s l i k e
G i l b e r t Jackson.
t o g e t away w i t h i t .
c o r r u p t i o n was accomplished i n a v a r i e t y of
engage i n c e r t a i n c o r r u p t a c t s . And t h a t , i n a n d o f
i t s e l f , i s a crime.
S e c o n d , a c t u a l l y f o l l o w i n g t h r o u g h on
couple d i f f e r e n t times.
t h i n g s o f v a l u e a s p a r t o f a scheme t o i n f l u e n c e
them b y c r e a t i n g t h e s e c o n f l i c t s o f i n t e r e s t t h a t
were h i d d e n .
Second, p r o v i d i n g p u b l i c o f f i c i a l s w i t h
t h i n g s o f v a l u e i n an a t t e m p t t o b r i b e them. To g e t
them t o h e l p w i t h s p e c i f i c p e o p l e a n d s p e c i f i c
c o m p a n i e s on c o n t r a c t s t h a t were b e i n g s o l d .
Those a c t i o n s , t h a t e v i d e n c e , r e s u l t e d i n
overview o f t h e t h i n g s t h a t are i n t h e i n d i c t m e n t
t h a t you a r e g o i n g t o b e c o n s i d e r i n g .
Count 1, a s t h e j u d g e t o l d you, i s a R I C O
c h a r g e s t h e d e f e n d a n t Nate Gray a n d d e f e n d a n t
G i l b e r t Jackson with c o n s p i r i n g o r a g r e e i n g t o
p a r t i c i p a t e i n a c o r r u p t e n t e r p r i s e , which w e ' l l
c a l l t h e Gray e n t e r p r i s e . And b a s i c a l l y t o r u n t h a t
e n t e r p r i s e t h r o u g h a p a t t e r n o f a t l e a s t two c o r r u p t
149
a c t s t h a t were d e s i g n e d t o d o o n e o f two t h i n g s , o r
both.
One, d e p r i v e t h e p e o p l e , t h e p u b l i c , o f
t h e r i g h t t o t h o s e h o n e s t s e r v i c e s from i t s
government.
And two, t o b r i b e w i l l i n g p u b l i c
officials.
And t h i s C o u n t 1 i s s o r t o f t h e
c o n s p i r a c y t h a t i n c l u d e s most e v e r y t h i n g t h a t
f o l l o w s i n t h e c a s e , a n d a c t u a l l y some t h i n g s t h a t
a r e n ' t e v e n i n c l u d e d i n t h e o t h e r c o u n t s t h a t I'll
t e l l you a b o u t .
And i n t h i s c a s e , o n l y d e f e n d a n t s N a t e
Gray a n d d e f e n d a n t G i l b e r t J a c k s o n a r e c h a r g e d i n
t h a t c o u n t i n t h i s c a s e t h a t ' s b e f o r e you.
So t h a t means two t h i n g s .
i s n o t charged i n t h a t count.
S e c o n d o f a l l , you a r e g o i n g t o h e a r , a n d
t h e e v i d e n c e i s c e r t a i n l y g o i n g t o show, t h a t t h e r e
were o t h e r p e o p l e b e s i d e s d e f e n d a n t N a t e G r a y a n d
d e f e n d a n t G i l b e r t J a c k s o n who were i n v o l v e d i n t h e s e
things.
s u b s t a n t i v e Hobbs Act o r b r i b e r y c h a r g e s i n v o l v i n g
s p e c i f i c t h i n g s o f v a l u e t h a t we p i c k e d a n d i n c l u d e d
i n d i f f e r e n t c o u n t s t h a t were p r o v i d e d t o p u b l i c
g i v e n t o a p u b l i c o f f i c i a l t h a t you a r e g o i n g t o
s p e c i f i c a c c o u n t s were g i v e n i n d i f f e r e n t forms of
t h i n g s of v a l u e . Cash i n e n v e l o p e s , l u x u r y i t e m s ,
t r i p s t h a t were p a i d f o r .
I n t h e s u b s t a n t i v e Hobbs Act c o u n t
d o l l a r s , a n d some, many a r e i n t h e t h o u s a n d s of
value.
So now t h a t y o u ' v e h e a r d a b o u t t h e t y p e s
o f c h a r g e s , l e t m e g i v e you a n o v e r v i e w o f t h e t y p e s
o f e v i d e n c e t h a t you a r e g o i n g t o h e a r t h a t w i l l
w i t n e s s t e s t i m o n y word f o r a n y t h i n g b e c a u s e you a r e
g o i n g t o have a l u x u r y i n t h i s c a s e o f h a v i n g t h e
You w i l l h e a r t h a t on A p r i l l s t , 2003
153
r e a s o n t h a t h e h a d a b a d d a y i s b e c a u s e on t h a t d a y
h e h a d h i r e d a p r o f e s s i o n a l t o sweep h i s o f f i c e f o r
o n e o f h i s c o r r u p t a s s o c i a t e s , a mayor t h a t h e was
p a y i n g o f f , t h a t t h e r e was e l e c t r o n i c s u r v e i l l a n c e
right.
And i t m u s t h a v e b e e n a b a d d a y b e c a u s e ,
o f c o u r s e , h e knew t h e n w h a t you a r e a b o u t t o f i n d
o u t d u r i n g t h i s t r i a l ; t h a t a n y number o f a c o r r u p t
a c t i v i t i e s h a d b e e n o c c u r r i n g o v e r t h e p r i o r months
And y o u ' l l h e a r i n t h i s t r i a l , on t a p e ,
t h e words o f N a t e Gray, o f G i l b e r t J a c k s o n , o f J o e
J o n e s , t a l k i n g on t h o s e p h o n e s a b o u t t h e i r c o r r u p t
activities.
Gray i n a c t i o n . B e c a u s e t h e r e was a l s o a p e e p h o l e
c o u n t o u t t h e money, o n e h u n d r e d , two h u n d r e d , t h r e e
o f f i c i a l , n o t o n c e b u t numerous times.
And t h i s i s n o t a c a s e , I h a v e t o warn
154
duties.
evidence.
in context.
it with him.
this case.
Cleveland.
your own eyes paying his mayor not once, not twice,
times on tape.
two men will sit there and talk about and decide how
court authorization.
in.
charity. You w i l l h e a r a b o u t i t on t a p e s , f r o m
g o t o n e t h i n g i n e x c h a n g e f o r t h e money h e was
g i v i n g t o t h e c i t y , Mayor o f t h e C i t y o f E a s t
b u s i n e s s e s who were p a y i n g d e f e n d a n t G r a y a n d p a y i n g
t h e Gray e n t e r p r i s e t h o u s a n d s o f d o l l a r s a month.
There a r e t h r e e s p e c i f i c c o n t r a c t s i n E a s t
dubbed t a x c o l l e c t i o n s .
You a r e g o i n g t o h e a r t h a t E a s t C l e v e l a n d
had a c o n t r a c t w i t h a law f i r m , o f a l l t h i n g s , t o
c o l l e c t t a x e s on t h e m u n i c i p a l l e v e l . And when
g o t i n , you a r e g o i n g t o h e a r h e w a s n ' t h a p p y , h e
was t h r e a t e n i n g t o f i r e t h a t f i r m .
B u t when h e g o t i n , d i d h e f i r e t h e m ? No.
The e v i d e n c e i s g o i n g t o show h e k e p t t h a t l a w f i r m
l i t e r a l l y made h u n d r e d s o f t h o u s a n d s o f d o l l a r s i n
And o n l y when a n i n d e p e n d e n t s t a t e a u d i t o r
came i n a n d g a v e a s c a t h i n g r e p o r t a b o u t w h a t a b a d
d i d h e l e t them g o .
The r e a s o n t h a t you w i l l f i n d o u t t h a t
Emmanuel Onunwor k e p t t h i s f i r m o n , d e s p i t e h i s
campaign p r o m i s e , i s b e c a u s e N a t e Gray w a s p a y i n g
i t s o t h a t l a w f i r m s t a r t e d making m o n t h l y p a y m e n t s
t o none o t h e r t h a n N a t e G r a y . You a r e g o i n g t o b e
a b l e t o f o l l o w t h a t money t r a i l .
You a r e c e r t a i n l y n o t g o i n g t o b e a b l e t o
f o l l o w t h e work t r a i l o f M r . G r a y , b e c a u s e M r . Gray
And you a r e a l s o g o i n g t o b e a b l e t o h e a r
Number 1, t h e y s t o p p a y i n g N a t e G r a y ,
because t h a t c o n t r a c t w a s d i r e c t l y l i n k e d t o t h a t
work.
work t o g e t a n o t h e r f i r m i n t h e r e t h a t t h e y c a n
s h a k e down j u s t l i k e t h e y s h o o k down t h i s l a w f i r m .
Ohio.
Gray.
And you will hear that this Water
laughing about how high the bills are for the people
Onunwor .
Joe Jones.
business.
any doubt that his stock was on the rise was indeed
talk about and ask for money. You will hear about
s i t r i g h t t h e r e on t h a t w i t n e s s s t a n d a n d h e ' s g o i n g
a d d i t i o n t o b e i n g a l a w y e r , you a r e g o i n g t o h e a r
t h a t h e was a l s o a p r i n c i p a l i n a c o n s t r u c t i o n f i r m
named RMC a t t h a t t i m e .
And RMC i s a m i n o r i t y s u b t r a c t c o n t r a c t o r
t h a t p a r t i c i p a t e s i n an annual r i t u a l w e have up
up t h e s t r e e t s and p u t up t h o s e o r a n g e c o n e s . And
RMC was p a r t o f o n e o f t h e s e p i p e t e a r i n g u p
p r o j e c t s t h a t t h e C l e v e l a n d W a t e r D e p a r t m e n t was
doing.
And you a r e g o i n g t o h e a r a b o u t , a s
a l w a y s , t h e r e were c o m p l a i n t s t h a t t h e r e s i d e n t s had
o c c a s i o n , t h e d e f e n d a n t J o e J o n e s , as a c o u n c i l m a n ,
t h r e a t e n e d t o u s e h i s power a s a c o u n c i l m a n t o t i e
c o u l d be f i n i s h e d a n d nobody c o u l d g e t p a i d .
And i n t h e m i d s t o f t h e p r o j e c t you w i l l
h e a r h e l i t e r a l l y t o o k R i c a r d o Teamor f o r a r i d e .
A l l o f t h i s i s g o i n g on a n d h e s h a k e s him down f o r
t h o u s a n d s of d o l l a r s i n campaign c o n t r i b u t i o n s . And
you w i l l h e a r h e g o t them.
169
Dwight Roach.
financial report.
going to continue.
Who does?
for the money once, but you will hear him follow up
that interest free loan. Not the ring, not his car,
he pledged his office as collateral.
$5,000.
Water Division.
Gilbert Jackson.
enterprise.
request.
Water Division.
retainer.
hear that during this same two year period, you are
charity? You will hear with your own ears and see
something back.
Now let's leave the state, and let's talk
they call Nate Gray. And you will then see how Nate
Orleans.
you w i l l h e a r l i t e r a l l y w i t h i n a o n e month p e r i o d
J a c k s o n on t a p e c o n s p i r e , a g r e e w i t h e a c h o t h e r , t o
w i l l h a p p e n on t a p e . You w i l l h e a r i t .
You w i l l h e a r G i l b e r t J a c k s o n s h o w i n g o f f
t o t h e Honeywell p e o p l e a b o u t h i s b i g c o n n e c t i o n s i n
New Orleans.
J a c k s o n t a l k a l o n e a n d a g r e e t h a t N a t e G r a y would
G i l b e r t J a c k s o n would, a s h e p u t i t , f l i p i t t o a
Mayor o f New O r l e a n s on h o u s i n g i s s u e s .
a d d r e s s on i t f o r t h a t c h e c k .
And t h e n you a r e g o i n g t o h e a r a n o t h e r
J a c k s o n where t h e y d i s c u s s t h a t S y l v a i n h a s g o t t e n
b a c k t o G i l b e r t J a c k s o n t h a t h e w a n t s t o , q u o t e , do
b u s i n e s s a n d t o be p a r t of a , q u o t e , l o n g t e r m
t h a t ' s no p r o b l e m . "
You a r e g o i n g t o h e a r t h e a g r e e m e n t . And
181
Gilbert Jackson.
expenses.
But the city you are going to hear the most about is
the City of Houston, Texas, which is the next big
section.
these contracts.
space.
And that was a great break for Nate Gray and Brent
picked out and that they loved to work with, she was
Honeywell g o t money. So f o r a p i e c e o f t h e a c t i o n ,
Lobby Monique M c G i l b r a .
this project.
You t h a t w i l l h e a r t h a t t h e y g a v e Monique
s t a y e d a t t h e R i t z , w i t h h e r and h e r b o y f r i e n d
G a r l a n d Hardeman.
You w i l l h e a r t h a t t h e y p r o v i d e d them a
S u p e r Bowl weekend i n N e w O r l e a n s w i t h t h e d e f e n d a n t
G i l b e r t Jackson p l a y i n g t h e g r a c i o u s h o s t , i n t h e
limo r i d e s . You a r e g o i n g t o h e a r a b o u t a l o t o f
different things.
You are a l s o g o i n g t o h e a r o n t a p e G i l b e r t
J a c k s o n ' s r e a c t i o n when t h e p o l i c e s t a r t e d a s k i n g
bus.
coming through.
checks that will show you that Nate Gray and Gray
a guy named Earl Brown, and the Mayor was Lee Brown,
186
on t h e i r p a y r o l l . And h e s e n t them m o n t h l y p a y m e n t s
o v e r t h e Mayor.
I n f a c t , you a r e g o i n g t o h e a r t h a t w i t h
c o m p e t i t i o n i n t h e b i d d i n g , t h a t M r . G r a y s e n d s down
a s p e c i f i c i n c e n t i v e payment t o E a r l Brown j u s t s o
t h a t h e c o u l d t a l k t o h i s b r o t h e r t h e moment M r .
Gray w a n t s him t o .
And, o f c o u r s e , t h e e v i d e n c e i s g o i n g t o
Brown, G i l b e r t J a c k s o n , G a r l a n d Hardeman, n o n e o f
t h e s e p e o p l e were p u b l i c l y r e g i s t e r e d a s c o n s u l t a n t
l o b b y i s t s , a s t h e Houston l a w s r e q u i r e them t o d o .
Of c o u r s e , you d o n ' t r e g i s t e r a l o b b y i s t , y o u r
a l l this.
B u t E a r l Brown w a s n ' t t h e o n l y r e s o u r c e
t h a t N a t e Gray h a d i n t h e M a y o r ' s O f f i c e e i t h e r .
You a r e g o i n g t o h e a r t h a t h e was a l s o b r i b i n g t h e
t o g e t h e l p i n t h e C i t y o f Houston w i t h t h e s e
Spellman.
187
And j u s t l i k e o t h e r s , M r . S p e l l m a n i s
g o i n g t o come h e r e a n d t e s t i f y p u r s u a n t t o a p l e a
d o l l a r s i n c a s h , a t r i p t o Vegas, a n d i n r e t u r n f o r
t h a t I m i s u s e d my o f f i c e . And you a r e g o i n g t o h e a r
t h a t N a t e Gray g o t t h a t c o n t r a c t .
T h a t ' s what t h i s c a s e i s a b o u t .
What i s t h e e v i d e n c e n o t a b o u t ? This i s
n o t a c a s e a b o u t t h e f i e l d o f c o n s u l t i n g a s a whole.
Many c o n s u l t a n t s d o t h e i r j o b w i t h h o n e s t y a n d
integrity.
a whole. Many p u b l i c s e r v a n t s a l s o s e r v e h o n o r a b l y .
And i t i s n o t a c a s e a b o u t t h e p r i v a t e
sector.
E v i d e n c e you a r e g o i n g t o h e a r i n t h i s
p u b l i c money.
And t h e e v i d e n c e i s g o i n g t o show t h a t
t h e r e a r e two g r e a t common t h e m e s i n t h e c o r r u p t
a c t i v i t y i n t h i s case.
t o p u b l i c o f f i c i a l s t o i n f l u e n c e them. A l l types.
people's names.
finally over.
interpretations.
you.
not guilty.
L e t m e t e l l you a l i t t l e b i t a b o u t J o e
Jones. H i s s t o r y h a s some H o r a t i o A l g e r e l e m e n t s t o
i t , i f you w i l l .
H e was p l a c e d i n f o s t e r c a r e a t a n e a r l y
age.
s p e a k t o some o f t h e e v i d e n c e i n t h e c a s e . So I ' l l
(The f o l l o w i n g p r o c e e d i n g s were
conducted a t t h e s i d e b a r , o u t of t h e
objection. I assume r e l e v a n c e ?
g o i n g t o b e some e v i d e n c e , t o t h e e x t e n t t h e c o u r t
192
s a y t h a t -- I ' m n o t g o i n g t o g o o v e r b o a r d w i t h t h i s ,
b u t I ' d l i k e t o s a y a few w o r d s a b o u t h i s
background.
h i s b a c k g r o u n d shows you h e g o t t o t h a t p o i n t --
background.
c e r t a i n l y going t o b r i n g i n c h a r a c t e r witnesses. We
how h e g o t a n i n t e r e s t i n p o l i t i c s , a n d h e
p a r t i c i p a t e d i n p o l i t i c s a n d --
a t all?
relevance.
a b o u t him? A t what p o i n t ?
Cleveland.
how you --
objection.
constituants.
about that.
that she would repay the loan. And that's why the
Mr. Gray?
contract.
Ricardo Teamor.
complaining.
J o e J o n e s n e v e r a c c e p t e d money f r o m Teamor
i n h i s official position.
You w i l l f i n d t h a t Teamor i s t h e k i n d o f
t h a t h e was o u t t h e r e , b u t n o t n e c e s s a r i l y i n r e t u r n
t h e c h a r g e i n r e g a r d s t o Teamor.
T h e r e a r e a c t u a l l y i n t h i s c a s e -- S p e c i a l Agent
M a s s i e c a n c o r r e c t me i f I ' m wrong -- a p p r o x i m a t e l y
60,000 s e p a r a t e c o n v e r s a t i o n s t h a t h a v e b e e n
recorded. You w i l l o b v i o u s l y n o t h e a r a l l 6 0 , 0 0 0 o f
o r s o t h a t t h e g o v e r n m e n t p r o p o s e s f o r you t o h e a r .
I n o t h e r words, t h e y s e l e c t e d t h i n g s , a n d t h a t ' s
p a r t of t h e problem.
But J o e J o n e s h a s b e e n r e c o r d e d s a y i n g
t h i n g s t h a t t h e p r o s e c u t o r s want t o a t t a c h s i n i s t e r
m o t i v e s t o , when i n t r u t h t h e i r r e a l l y i s n o n e .
A s a n e x a m p l e , you w i l l h e a r r e f e r e n c e s t o
money improperly.
talking about.
Gray.
just moments ago was one side. Just one side. And
that's why the court says, keep an open mind until
Houston.
generosity.
began working.
204
And you'll see this time and time again. And you'll
they would have seen the same thing, the exact same
it.
Onunwor .
advantage of.
an elected official.
is, I'm the one that tells you what the law is. I'm
a quid pro quo. You heard the words right from Mr.
Dettelbach.
used to come in those days and get his help, and get
a d v i c e on a l l k i n d s o f t h i n g s . H i s family, h i s
a d v i c e , b e c a u s e h e knew t h a t N a t e G r a y was a n
i n t e l l i g e n t t h i n k i n g , k i n d p e r s o n who was i n t e r . e s t e d
i n t h e w e l f a r e o f t h e p e o p l e i n t h e community. And
he demonstrated t h a t t i m e and t i m e a g a i n .
a s k him a l l k i n d s o f q u e s t i o n s .
Now, t h e r e were t h r e e s p e c i f i c c o n t r a c t s
t h a t t h e g o v e r n m e n t t a l k e d t o you a b o u t t h a t t h e y
p e n n i l e s s and powerless.
And y o u ' l l a l s o f i n d o u t t h a t on t h e l a s t
d a y h e w a l k e d o u t o f Nate G r a y ' s o f f i c e w i t h an
e n v e l o p e i n h i s p o c k e t i t was $ 7 0 0 .
210
point.
Oops, the reason the law firm was kept was because
were on, and the cameras was on, there was an audit.
And they said, look it, we think you could use this
might be better.
about it.
okay, the law firm isn't doing the job. We've got
powerless.
Ralph Tyler.
215
testimony you will find out that the money that Nate
city.
You talk about services. Emmanuel
216
and he did.
to do something.
their products.
find out what the city's needs are, and then you can
and that's why they got the contract. They put this
together.
audit said.
from CH2M Hill will tell you, they didn't agree with
want to tell you what the reasons are, and make the
afterwards.
a g r e e m e n t t h r o u g h R a l p h T y l e r w i t h CM2H H i l l . And
t h a t ' s b e c a u s e CM2H H i l l h a d a r e g u l a r a g r e e m e n t
w i t h Ralph T y l e r . They t a l k e d t o R a l p h T y l e r , do
i t t h a t way.
payment f o r N a t e Gray.
a n y t h i n g t o do w i t h t h e g e n e r o u s h e l p t h a t N a t e Gray
h a d g i v e n t o Ernmanuel Onunwor a n d h a d b e e n g i v i n g
n o t t o r u n f o r Mayor.
Now w e move i n t o t h e C i t y o f C l e v e l a n d .
T h e r e i s a l l k i n d s o f c o n v e r s a t i o n s a b o u t N a t e Gray
a s k e d t o d e c i d e w h e t h e r N a t e Gray i s g u i l t y o f
c o n v e r s a t i o n s anyway.
And t h e r e i s o n e v e r y g o o d c o n v e r s a t i o n .
And i n t h a t c o n v e r s a t i o n R i c a r d o Teamor i s s a y i n g
maybe I c o u l d g e t him t o h e l p m e o u t .
y o u r money.
And R i c a r d o s a y s , w e l l , you a r e g o i n g t o
H e g o e s y e a , t h a t ' s t h e k i n d f o o l I am. I
know t h e r e i s n o t h i n g h e c a n d o b u t h e h e l p s p e o p l e
f r o m t h e community o u t . And h e i n t e n d e d t o g e t
o u t o f i t , a n d t h a t i s why t h e r e i s n o crime w i t h
r e g a r d t o N a t e Gray on t h a t i s s u e .
I t ' s a n o t h e r e x a m p l e o f somebody t h a t
b a s e d on t h e i r n e e d s . They g e t t h e i r h e l p b a s e d t h e
Now t h e y t a l k a b o u t t h e W a t e r D e p a r t m e n t
you.
you that CDM and Honeywell were all part of the Nate
Gray enterprise.
other ways.
suggesting.
payment whatsoever.
224
consultant.
successful man.
Nate Gray, Nate Gray helped him. Let his use his
restaurant for a shower for his wife when she was
product.
those introductions.
the others.
of argument.
is New Orleans.
else.
new rental place, car rental, and off the site. And
h e a r a s t o r y where b o t h B r e n t a n d -- o r a t a p e where
b o t h B r e n t a n d Nate were r e a l l y p l e a s e d b y t h a t ,
t h e y l o v e d i t b e c a u s e t h e y t h o u g h t i t was g r e a t one
o f h i s c o n t a c t s was i n t h a t g r e a t o f a p o s i t i o n .
A t no p o i n t d i d Nate e v e r a s k him t o do
a n y t h i n g t h a t h e s h o u l d n ' t do i n t h a t p o s i t i o n o r
But O l i v e r d i d . He s a i d , I g o t t h i s t a x
problem -- t u r n s o u t h e had a d r u g p r o b l e m -- b u t h e
s a i d I have a t a x problem, c a n you l e n d me some
p l a c e , b u t i t was s e v e r a l t h o u s a n d d o l l a r s a n d he
l e n t him t h a t money.
w a s n ' t a b l e t o do i t . He s t i l l p a i d f o r t h e h o t e l
room.
Absolutely nothing d i d he a s k O l i v e r t o do
Remember I t o l d you a b o u t t h e p e o p l e t h a t
Mayor all the time, can you find that out? I don't
that.
The situation in New Orleans is entirely
do.
T h e r e i s s o m e t h i n g e l s e a b o u t Monique,
f a c t , R e l i a n t made t h e d e c i s i o n a l o n g w i t h CDM,
w h i c h h a d b e e n h i r e d l o n g b e f o r e t h e r e were a n y
d i s c u s s i o n s , b e f o r e N a t e o r O l i v e r o r I mean B r e n t
h i r e w e r e , a n d t o make t h o s e k i n d o f d e c i s i o n s . And
t h e y a r e t h e o n e s t h a t made t h e d e c i s i o n s .
F o l k s , 5 0 , 0 0 0 p h o n e c o n v e r s a t i o n s , y e t you
c a n b e t t h a t h e was a l i t t l e u p s e t on t h e d a y h e
5 0 , 0 0 0 phone c o n v e r s a t i o n s , nobody w a n t s t o h a v e
c a n -- t h e r e a r e j u s t g u y s t a l k i n g . A l l of those
a l l k i n d s o f t h i n g s t h a t a r e j u s t two f r i e n d s
talking. And a l o t o f t h i s i s o u t o f c o n t e x t .
F o r e x a m p l e , a l o t o f i t u s e s terms t h a t
means. So you h a v e t o p u t e v e r y t h i n g i n c o n t e x t .
t o t h e same c o n c l u s i o n , Nate i s a h a r d w o r k i n g
g e n e r o u s guy t h a t g o t t o where h e . w a s b y d o i n g t h e
r i g h t t h i n g and by b e i n g a c o n f i d e n t p e r s o n .
H e i s n o t g u i l t y o f a n y o f t h e s e crimes
THE COURT: We a r e g o i n g t o t a k e a b o u t t e n
minutes.
any.
w i l l head back.
( B r i e f recess. )
statements.
A s r e l a t e s t o t h i s c a s e , G i l b e r t was a
The o p e n i n g s t a t e m e n t i s m e r e l y s u p p o s e d
t o b e a b l u e p r i n t o f how t h e g o v e r n m e n t s a y s t h e y
c a n p r o v e b e y o n d a r e a s o n a b l e d o u b t how i n d e e d my
e v i d e n c e f r o m t h e w i t n e s s s t a n d , a n d you a r e g o i n g
wire i n t e r c e p t s t h e y have of t h e t a p e s .
They h a v e b r o k e n t h i s down i n t o s e v e r a l
parts: C l e v e l a n d , E a s t C l e v e l a n d , H o u s t o n , a n d New
Orleans.
A s it r e l a t e s t o Cleveland, t h e r e i s no
e v i d e n c e w h a t s o e v e r t h a t you a r e g o i n g t o h e a r t h a t
G r a y , t h e y were f r i e n d s , t h e y w e r e b u s i n e s s
agreement t o b r i b e any p u b l i c o f f i c i a l o r g i v i n g
i n t e r c e p t s , you a r e g o i n g to h e a r this.
We p i c k e d you a l l b e c a u s e w e t h o u g h t you
235
f a i r and i m p a r t i a l j u r y a s w e l l .
d e f e n d a n t s , t h r e e , o r f o u r , o r f i v e of them t h a t
a s r e l a t e s t o G i l b e r t Jackson, a s r e l a t e s t o any
them i n s u p p o r t of t h e c o n t r a c t .
i n terms of t h o s e t i c k e t s , t h a t i n v o l v e d M r . Jackson
in anything illegal.
Gilbert Jackson.
Not true.
c o n v e r s a t i o n , i t h a d t a k e n p l a c e b e f o r e t h e money
about t h a t .
W h a t ' s more i m p o r t a n t o f t h a t p a r t i c u l a r
c o n v e r s a t i o n , t h e g o v e r n m e n t t o l d you t o f o l l o w t h e
a n d t h e e v i d e n c e w i l l s u p p o r t t h e y knew when t h e
money was g o i n g t o a r r i v e t o G i l b e r t .
I want t o jump b a c k a l i t t l e b i t .
You a r e g o i n g t o h e a r some t a p e s a b o u t
w h a t e v e r money h e h a d . The e v i d e n c e i s g o i n g t o
s u p p o r t t h a t t h e y w e r e a b l e t o , a t some p o i n t , p u t
d e l i v e r e d t o G i l b e r t b e c a u s e t h e money n e v e r went
anywhere e l s e .
The e v i d e n c e w i l l s u p p o r t t h a t V i n c e n t
S y l v a i n n e v e r g o t a n y money. H e was t h e p u b l i c
case b e c a u s e i t i s a n i l l e g a l a c t i v i t y .
And w h a t t h e e v i d e n c e i s g o i n g t o s u p p o r t
238
about her here. And when you get to what she did,
Thank you.
- - -
MICHAEL MASSIE
follows :
DIRECT EXAMINATION
BY MR. DETTELBACH:
Q Agent Massie, how long have you been with the FBI?
A A little over three and a half years.
job?
ethics exam.
regulations.
business records.
Ohio University.
case.
In the course of your investigation in this
case, did you execute any search warrants?
A I did.
particular facility.
Q During that time, did you ever see the person who
was identified as Nate Gray?
A Yes, I have.
A I do.
stood up.
Defendant Gray.
BY MR. DETTELBACH:
A Yes, I have.
Defendant Jackson.
BY MR. DETTELBACH:
in this case?
A Yes, we did.
Q A wiretap in fact?
A Yes.
records.
facility.
Q Does it give you what's said on the calls?
A No, it's just, just the numbers dialed.
A Yes, I have.
municipalities.
about.
Q With r e g a r d t o t h o s e t y p e o f b u s i n e s s r e c o r d s ,
s p e c i f i c a l l y t h e o n e s t h a t were p r e p a r e d i n p r e p a r a t i o n
f o r t r i a l , was t h e r e a n y c e r t i f i c a t i o n p r o c e s s t h a t
A Yes, t h e r e was.
Q Was t h a t o r a l l y o r i n w r i t i n g ?
A In writing.
A Yes.
Q D o you h a v e a c o p y o f t h a t f o r m w i t h y o u ?
A Yes, I d o .
Q F o r t h e r e c o r d , t h e n , c o u l d you p l e a s e r e a d i n t o
t h e r e c o r d t h e c e r t i f i c a t i o n t h a t was r e t u r n e d w i t h
b u s i n e s s r e c o r d s t h a t you p r e p a r e d f o r e x h i b i t s i n t h i s
case?
A The h e a d i n g r e a d s , " C e r t i f i c a t e o f A u t h e n t i c i t y o f
my o f f i c i a l t i t l e o r p o s i t i o n i s b l a n k . I further
d e c l a r e t h a t I am c u s t o d i a n o f r e c o r d s o f s a i d b u s i n e s s .
That each of t h e r e c o r d s a t t a c h e d h e r e t o i s t h e o r i g i n a l
o r d u p l i c a t e , e x a c t photocopy of an o r i g i n a l r e c o r d i n
t h e custody of blank.
"I f u r t h e r s t a t e t h a t :
time o f o c c u r r e n c e o f t h e m a t t e r s e t f o r t h , b y o r f r o m
i n f o r m a t i o n t r a n s m i t t e d b y a p e r s o n w i t h knowledge o f
those matters.
a r e g u l a r l y conducted business a c t i v i t y .
a s a r e g u l a r p r a c t i c e ; and
correct.
(Z Except f o r t h e blanks, a r e t h o s e i d e n t i c a l
c e r t i f i c a t i o n s t h a t were c o m p l e t e d f o r t h e r e c o r d s i n
question?
A Yes, t h e y a r e .
Q I know t h i s i s g o i n g t o b e t e d i o u s , b u t f o r t h e
e x h i b i t number t h e e x h i b i t s f o r w h i c h you r e c e i v e d
c e r t i f i c a t i o n f o r t h e t y p e you j u s t r e a d ?
A Yes.
Honor.
that business?
Defendant Jones?
your Honor.
249
Honor?
objection.
your Honor.
in this case.
A Yes.
2000.
There was a second period of interception,
by Nate Gray.
A Yes, it was.
251
A I have.
A Nate Gray.
A No.
ETNA Companies.
his office.
ETNA companies.
A No.
A No.
A No.
certain conversations.
as a spot check.
that nature.
switch conversations.
Q Why?
A A number of the con.versations involved in this case
listening yourself?
A Yes, I did.
Q And as the case agent, what other role did you have
in the wiretap?
Q Every one?
A Yes.
conversation.
A Yes.
Honor.
BY MR. DETTELBACH:
A It is.
properly?
COPY.
Q And are those exact copies?
A Yes, exact copies made the exact same time.
A Yes.
A I have.
1227A?
described?
259
A I did.
these calls.
BY MR. DETTELBACH:
A Yes.
parts, can you describe for the jury how, with respect to
Exhibit 1002.
A Approximately 208.
skipped.
disk that you just talked about that makes it easier for
accuracy?
A I have.
Q A l l right. L e t m e t u r n on t h e n t h e m o n i t o r .
b r i n g up E x h i b i t 1000.
g o i n g t o g o t h r o u g h a l l t h e way down.
Q C o u l d you j u s t g o t h r o u g h l e f t t o r i g h t a n d t e l l u s
w h a t t h e columns a r e ? What t h e y r e f e r t o ?
e x h i b i t numbers.
You w a n t t o t u r n o n t h e l o w e r r i g h t t h e r e
i s a b u t t o n on t h e r e .
How many h a v e t h e i r s c r e e n s o n ?
( J u r o r s i n d i c a t e by r a i s i n g t h e i r h a n d s . )
i f you c o u l d h o l d u p t h e s h e e t a s you d o i t s o t h e
26 2
somewhat self-explanatory?
A It is.
A Yes. Participants.
I'm just going to ask you how it was you were able to
with you?
A Yes.
would be 1001B.
A I do.
A They are.
final form.
here in court?
A Yes.
A There is.
Q And did you identify the parties the same way you
told us before?
A Yes.
t r a n s c r i p t s you h a v e i n c o u r t ?
A The t h i n g s w e c o u l d n o t u n d e r s t a n d a r e d e n o t e d w i t h
a U I i n p a r e n t h e s e s , which r e f e r e n c e t o u n i n t e l l i g i b l e .
Q And w i t h r e s p e c t t o t h e d i f f e r e n t l i s t e n i n g
others?
c o n v e r s a t i o n s which t o o k p l a c e i n t h e a c t u a l o f f i c e due
t o t h e p r o x i m i t y o f t h e b u g , a s i t was c o n c e a l e d i n t h e
c e i l i n g t i l e , w h i c h made i t a l i t t l e more d i f f i c u l t t o
hear.
Q I t ' s h a r d e r t h a n t h e phone?
A Yes.
Q B a s e d on y o u r r e v i e w , y o u r p e r s o n a l r e v i e w , a n d
s u b j e c t t o a u d i b i l i t y , d o t h o s e t r a n s c r i p t s i n t h e book
you h a v e n e x t t o y o u , 1000B t o 1 2 2 7 , d o t h o s e r e f l e c t t h e
a c t u a l c o n v e r s a t i o n s i n t h e c o m p o s i t e d i s k s you h a v e ?
A They d o .
down.
BY MR. DETTELBACH:
Q S p e c i a l Agent M a s s i e , s h i f t i n g g e a r s .
267
name ETNA?
A Yes, I am.
blow u p t h e p a r t w i t h t h e w r i t i n g .
Q S p e c i a l Agent M a s s i e t e l l u s what i t i s w e a r e
l o o k i n g a t a n d where i t comes f r o m .
A T h i s i s a p h o t o c o p y o f a b u s i n e s s card w h i c h w e
o f ETNA.
A ETNA P a r k i n g , Inc.
Q And who i s l i s t e d a s t h e P r e s i d e n t ?
A Nate Gray.
A I have.
the search?
A That's correct.
Q What was t h e d a t e o f t h e e x e c u t i o n o f t h e s e a r c h
A I t was i n J u n e o f 2003.
d i s p l a y E x h i b i t 113.
268
Q And l e t m e a s k you, j u s t a s a g e n e r a l m a t t e r , i n
p r e p a r a t i o n f o r t h i s t r i a l h a v e you r e v i e w e d t h e p i c t u r e s
through 126?
A Yes, I have.
Q Do t h o s e p i c t u r e f a i r l y a n d a c c u r a t e l y r e p r e s e n t
A Yes, t h e y d o .
Q What a r e w e l o o k i n g a t h e r e on 1 1 3 t h e n ?
b u i l d i n g s on S h a k e r S q u a r e w h i c h h o u s e s N a t e G r a y ' s
office.
Q So t h i s i s t h e o u t s i d e o f t h e b u i l d i n g ?
d i s p l a y 1 1 3 , 1 1 4 , a n d 1 1 5 , a n d a s w e g o t h r o u g h them j u s t
t e l l u s what w e are l o o k i n g a t ?
A E x h i b i t 1 1 4 i s a p h o t o g r a p h o f t h e doorway e n t e r i n g
i n t o 13212 S h a k e r S q u a r e , w h i c h h o u s e s t h e o f f i c e s o f
floor directory.
d i s p l a y s 115 t h e n .
A 115 i s a c l o s e up of t h e second f l o o r d i r e c t o r y .
269
space.
117 then.
A T h i s i s a p h o t o g r a p h from t h e doorway o f t h a t ,
e s s e n t i a l l y w a l k i n g f u r t h e r down t h e h a l l . It's a
c e n t e r of t h a t p i c t u r e ? What's t h a t ?
A I n t h e c e n t e r o f t h i s p i c t u r e i s a -- i t ' s a
conference t a b l e , a r o u n d c o n f e r e n c e t a b l e , which i s i n
Mr. Gray's o f f i c e .
item.
Q W h a t ' s i n 119?
A T h i s i s a p h o t o from -- a p h o t o o f t h e v i e w from
c r e d e n z a s a n d t h e same c o n f e r e n c e t a b l e .
Q Okay.
office. T h i s i s from a d i f f e r e n t a n g l e .
camera was i n r e l a t i o n t o t h e c o n f e r e n c e t a b l e ?
t i l e s d i r e c t l y above t h e c i r c u l a r c o n f e r e n c e t a b l e .
271
Q So what v i e w d o e s i t p r o v i d e d o f t h e c o n f e r e n c e
table?
s t r a i g h t down on t h e r o u n d c o n f e r e n c e t a b l e .
Q Were t h e r e a n y o t h e r v i d e o e q u i p m e n t , m o n i t o r i n g
e q u i p m e n t , i n s t a l l e d i n t h a t room?
A No, t h a t was t h e o n l y c a m e r a i n s t a l l e d .
Q So what i s t h e f i e l d , s c o p e o f v i s i o n t h a t you c a n
g e t f r o m t h e T i t l e I11 a u t h o r i z e d s u r v e i l l a n c e ?
A You c o u l d v i e w t h e c o n f e r e n c e t a b l e , a n d t h e n a
two c h a i r l e n g t h s o u t s i d e t h e t a b l e .
Q The FBI s a i d t h e y a l s o c o n d u c t e d a s e a r c h o f
A Yes, t h a t ' s c o r r e c t .
Q I ' m g o i n g t o g o t h r o u g h some p i c t u r e s t h e r e , a n d
j u s t t e l l u s what you a r e l o o k i n g a t .
122, p l e a s e ?
A 122 i s a p h o t o g r a p h f r o m o u t s i d e M r . G r a y ' s
personal residence.
s c r o l l forward 123.
t o p of i t .
Q 1 2 4 , please?
a d j a c e n t t o t h e m a s t e r bed room.
M i s s R o s s i l e t t i , blow up t h e middle of t h a t p i c t u r e
a l l t h e way down t o t h e f l o o r .
Q Do you s e e t h a t l e t t e r K t h a t ' s w r i t t e n t h e r e ?
A Yes, I d o .
what s i g n i f i c a n c e i t h a s i n a s e a r c h ?
A A s we e x e c u t e a s e a r c h w a r r a n t we l a b e l e a c h room
s e i z e e v i d e n c e from t h a t p a r t i c u l a r room i t i s e a s i e r t o
log.
Q A t t h e bottom lower l e f t of t h a t p a r t i c u l a r c a b i n e t
w i t h t h e K on i t , t h e r e i s a b l a c k o b j e c t . Do you s e e
that?
I do.
What i s t h a t ?
business?
A Yes.
FBI?
A I was.
Q All right.
MR. DETTELBACH: All right. We can take
Gray's office and home, had you taken any steps to obtain
investigation?
Realty, I believe.
A We did.
Q Voluminous?
A Yes. A number of boxes.
Exhibit 19.
275
Parking, Inc.
2nd, 2003.
Q All right.
A The return date, or the date they were required to
A Yes.
13 A There is.
25 things that you found in your search that were not turned
over as part of the Grand Jury process?
A Yes.
question.
BY MR. DETTELBACH:
BY MR. DETTELBACH:
A Yes, t h i s i s a l i s t o f d o c u m e n t s t h a t w e r e c e i v e d
from t h e e n t i t i e s i n Attachment A.
d i f f e r e n c e i n what e n t i t y was on t h e f r o n t o f s u b p o e n a ,
w h i c h o n e o f t h e b u s i n e s s e s , were t h e r e a n y d i f f e r e n c e s
i n t h e subpoenas?
A No, t h e y a r e a l l i d e n t i c a l .
please.
w i t h -- o r a c l o s e t w i t h number K w r i t t e n o n i t ?
A Yes.
Q P a r t i c u l a r l y f r o m i t e m s r e c o v e r e d f r o m t h a t room,
r e t u r n e d p u r s u a n t t o t h e subpoena?
t h a t b l a c k b a c k p a c k w h i c h was s i t t i n g on t h e f l o o r i n t h e
closet.
Q And s p e c i f i c , a l s o t u r n i n g y o u r a t t e n t i o n t o
l o c a t e d i n t h e o f f i c e s t h a t were n o t r e t u r n e d p u r s u a n t t o
t h e subpoena?
A E i t h e r i n M r . Gray's desk, i n h i s p e r s o n a l o f f i c e ,
o r i n h i s c r e d e n z a , which i s a d j a c e n t t o h i s d e s k ?
Q When you say his desk, you mean where?
A The place where he sits when he goes to work.
them.
BY MR. DETTELBACH:
A I have.
Who are the participants in the first call that you heard
7 Q All right.
8 MR. DETTELBACH: If you could then play
9 1172.
10 (Tape played. )
25 them.
281
1 Q Do you see a r e f e r e n c e t o a p a r t i c u l a r c i t y t h e r e ?
2 A Yes.
3 Q What c i t y ?
4 A Jacksonville.
6 point?
7 A I t was a n a i r p o r t p a r k i n g c o n t r a c t .
9 approach f o r a second.
10 (The f o l l o w i n g d i s c u s s i o n was
13 f o l l o w s :)
15 wasted a l o t of t i m e . There i s a t r a n s c r i p t
17 t i m e on t h i s where a f t e r e v e r y v i d e o t a p e w e go t o a
19 w i t h o u t g o i n g b a c k t o t h e t r a n s c r i p t a n d s a v e some
20 time.
25 want t o do it as a g e n e r a l r u l e .
282
this.
response?
MR. DETTELBACH: Yes, your Honor. We
right.
important.
the objection.
MR. DETTELBACH:
Q Was 1172 the only recorded interception where
Mr. Gray used the term "grease the palm"?
Broussard.
Q Who?
A Oliver Spellman.
Houston.
p l a y e d the whole t h i n g ?
A I t i s a l i t t l e over a n h o u r .
excerpt, w h i c h i s 1066-C.
(Tape played. )
p l e a s e p l a y t h e second e x c e r p t of t h a t s a m e m e e t i n g ,
w h i c h i s 1067-B.
(Tape played. )
Q I n t h e o t h e r t w o e x c e r p t s does M r . G r a y a n s w e r ?
A Yes.
(Tape played. )
a continuation.
(Tape played. )
Q A n d f o r t h e record, t h a t w a s E x h i b i t 1 0 6 9 , i s t h a t
correct?
A T h a t ' s correct.
Q D i d M r . G r a y have a n y o t h e r d i s c u s s i o n s a b o u t
e x p e n s e s and p u b l i c o f f i c i a l s ?
A He did.
Q In a general sense?
A Yes.
Q And is it 1134?
A Yes.
(Tape played. )
that.
A I have.
Q Where physically is it located to the City of
Cleveland?
Cleveland.
A Mayor Onunwor.
A I was.
There were other agents inside the wire room who were
Q Go ahead?
A The agents inside the room -- first of all, we had
Q All right.
Special Agent Massie, I would like to show
A T h i s i s t h e a c t u a l c a s h i n t h e e n v e l o p e which w e
s e i z e d f r o m p e r s o n o f Emmanuel Onunwor o u t s i d e t h e
o f f i c e s o f Nate Gray.
Q What number i s t h a t ?
A T h i s i s E x h i b i t 111.
Q And 112 i s j u s t a p i c t u r e o f t h a t ?
A Yes.
Q T e l l u s what h a p p e n e d a s h e l e f t t h e o f f i c e ?
A A f t e r h e l e f t t h e o f f i c e , h e was w a l k i n g t o h i s
Gray.
He t h e n p r o c e e d e d t o g o i n s i d e h i s c o a t
We o p e n e d i t , c o u n t e d i t , saw t h a t t h e r e were
p r o c e e d e d t o i n t e r v i e w M r . Onunwor.
correct?
A No, I was n o t .
Q A t some p o i n t d i d you r e v i e w t h e v i d e o f r o m
M r . G r a y ' s o f f i c e f r o m t h e t i m e j u s t b e f o r e you g o t t h a t
Q What d i d you o b s e r v e ?
A I o b s e r v e d N a t e Gray s l i d i n g a w h i t e e n v e l o p e
a c r o s s t h e t a b l e , which Onunwor p i c k e d u p a n d p u t i t i n
h i s pocket.
(Z And d i d you r e c e i v e a n y s t i l l p h o t o s ?
A Yes.
approach?
I t h i n k t h i s w i l l work b e s t f o r b o t h s i d e s
a s k you t o k e e p y o u r v o i c e u p a s I a s k q u e s t i o n s
about these p i c t u r e s .
A c t u a l l y , i f you c o u l d s t e p down f r o m t h e
s t a n d a n d t a k e t h i s , t h a t would b e g r e a t .
E x h i b i t 105?
A I do.
Q K e e p i n g y o u r v o i c e l o u d , you m i g h t e v e n want t o
h o l d i t s o p e o p l e f u r t h e r away c o u l d see i t .
1 0 5 t h a t you a r e h o l d i n g ?
A T h i s i s a view f r o m t h e c a m e r a c o n c e a l e d i n t h e
c e i l i n g t i l e s i n Nate G r a y ' s o f f i c e .
their heads.
the white dress shirt. You can see his outstretched arm
suit. You could barely see his white cuff and his hand.
the table.
shows?
A 101 and 107 is a -- these are still photos from the
Q Thank y o u .
e x h i b i t s 102 a n d 1 0 8 on t h e s c r e e n , p l e a s e .
Q And c o u l d you p l e a s e e x p l a i n t h a t s e q u e n c e t o u s ?
A 102 a n d 1 0 8 a r e s t i l l f r a m e s t a k e n f r o m t h e v i d e o
on J a n u a r y 3 r d , 2003.
on t h e e n v e l o p e s l i d i n g i t a c r o s s t h e t a b l e .
1 0 3 h a s Ernmanuel Onunwor w i t h h i s h a n d s on
here.
Did you r e v i e w t h e v i d e o o f t h i s ?
A I did.
Q W h a t ' s t h e d a t e -- a n d p l e a s e c o n t i n u e t o h o l d i t
up h i g h -- a n d t e l l u s w h a t i t i s w e a r e l o o k i n g a t i n
103?
A 1 0 3 i s a s t i l l p h o t o t a k e n on J a n u a r y 2 9 t h , 2003.
T h i s i s t h e same c o n f e r e n c e t a b l e , b u t i n t h i s p h o t o a l l
you c a n s e e i s Nate G r a y , h e h a s l i k e a h a t on t h e t a b l e
which h e t h e n p r o c e e d s t o p u t i n t h a t e n v e l o p e .
January 30th?
we just saw, what was the next time that Nate Gray and
Gray's office?
2003.
men that did not occur in Mr. Gray's office during that
period?
in Cleveland, Ohio.
A That's correct.
A Approximately a month.
Q And then how long after that 2/27 meeting was the
one that you actually stopped Emmanuel Onunwor coming out
of the office?
A Yes, I have.
Q All right. And was one of the time lines that you
prepared related to the City of East Cleveland, Ohio?
A Yes.
All right.
line?
characterizations in them.
297
Q For instance, how did you get the dates to use for
the time line in this exhibit?
conversation.
icons.
Q And there is exhibit numbers. Do those refer to
the exhibit numbers in this trial?
A They do.
A I do.
that entry?
A That's correct.
collection?
A Mayor Onunwor.
A It is.
Q All right.
MR. DETTELBACH: We can take down the
collections contract?
A I have.
Cleveland.
Exhibit 367.
City Hall.
A I have.
A It is.
collection work?
A There was.
Exhibit 307?
All right.
page?
A This is actually a correspondence, which precedes a
302
with that?
contract.
Q Who is he?
A He's one of the managing partners of the law firm.
Q Okay.
MR. DETTELBACH: Now could we please show
Exhibit 300.
to this exhibit.
up, please.
BY MR. DETTELBACH:
in a loud voice.
A Yes.
A Yes.
A I have.
A No.
A Yes, I have.
Thank you.
we issued.
2002.
each payment?
Q All right.
MR. DETTELBACH: Could we go to the final
A Yes, $55,500.
A Yes, I have.
Exhibit 305.
lists all the fees they collected from the City of East
they collect.
A Yes.
time line?
companies.
has been. You can tell them that you are on a jury
310
but you can't say any other thing about the case.
which t i m e t h e f o l l o w i n g p r o c e e d i n g s were
c o n d u c t e d i n open c o u r t . )
- - -
C E R T I F I C A T E
I, Richard G. DelMonico, O f f i c i a l C o u r t R e p o r t e r
N o r t h e r n D i s t r i c t o f Ohio, E a s t e r n D i v i s i o n , d o h e r e b y
c e r t i f y t h a t t h e foregoing i s a t r u e and c o r r e c t
t r a n s c r i p t of t h e proceedings herein.
- A/---
~ i ! c h a r d G . DelMonico
O f f i c i a l Court Reporter
568 U . S . C o u r t h o u s e
Two S o u t h Main S t r e e t
Akron, O h i o 4 4 3 0 8
( 3 3 0 ) 375-5666
I N D E X
OPENING STATEMENTS:
On b e l i a l f o f t h e G o v e r n m e n t . . . . . . . . . . . . . . . . . . . 142
On b e h a l f o f D e f e n d a n t J o n e s . . . . . . . . . . . . . . . . . . 189
On b e l l a l f o f Defendant Gray . . . . . . . . . . . . . . . . . . . 203
Or1 b e l l a l f o f D e f e n d a n t J a c k s o n . . . . . . . . . . . . . . . . 311
WITNE,:jS
: DIRECT CROSS REDIRECT RECROSS
9:":,:-:
t
Defendants. ) .' : ' 3
-- 7.
- - - 13 -*iv\
-
--,no
Eii.
VOLUME I1 t - 7
- - - 0 "
, -q
TRANSCRIPT OF TRIAL PROCEEDINGS. . I ' --
- - I ,
-1- -p-n
HAD BEFORE THE HONORABLE -, -.. * :I
13 APPEARANCES :
You r e m a i n u n d e r o a t h f r o m y e s t e r d a y .
t h e d i r e c t examination.
- - -
DIRECT EXAMINATION ( C o n t i n u e d )
BY MR. DETTELBACH:
Q Good m o r n i n g , S p e c i a l Agent M a s s i e .
A Good m o r n i n g .
Q Now i f you c o u l d , t a k i n g t h e E a s t C l e v e l a n d t i m e
l i n e , j u s t t o g e t u s b a c k t o w h e r e w e were. On p a g e o n e
o f t h e t i m e l i n e --
F i r s t o f a l l , t h e t i m e l i n e i s more t h a n o n e
page, c o r r e c t ?
A That's correct.
o t h e r words?
A The t i m e l i n e i s d i v i d e d i n t o p a g e s A, B a n d C .
f r o m t h e r i g h t e d g e o f t i m e l i n e A, s o on a n d s o f o r t h .
c o u l d make i t o n e b i g whole s h e e t ?
A Yes.
Q C o u l d you o r i e n t u s a n d t e l l u s w h e r e w e l e f t o f f
314
y e s t e r d a y on t h e t i m e l i n e ?
A We j u s t c o n c l u d e d t a l k i n g a b o u t t h e J a v i t c h , B l o c k
c o n t r a c t , which was t h e f i f t h e n t r y on t h e t i m e l i n e on
page 8 .
Q A l l right. And w i t h r e s p e c t t o t h e J a v i t c h , B l o c k
o v e r t h e f o u r y e a r s t h a t t h e y h a d t h e a g r e e m e n t w i t h him?
A $55,500.
Q And a c c o r d i n g t o t h e J a v i t c h , B l o c k r e c o r d s how
much where t h e i r f e e s f o r t h e C i t y o f E a s t C l e v e l a n d ?
o r s h i f t g e a r s f o r a l i t t l e w h i l e , a n d move t o a n o t h e r
company.
Have you h e a r d on w i r e t a p e v i d e n c e a n d r e v i e w
d o c u m e n t s r e g a r d i n g a company c a l l e d R a l p h T y l e r Company?
A Yes, I h a v e .
Q What k i n d o f company i s t h a t ?
o u t o f C l e v e l a n d , Ohio w h i c h d o e s b u s i n e s s t h r o u g h o u t t h e
United S t a t e s .
of t h a t firm?
A I t was h e a d e d up b y R a l p h T y l e r .
Q Now, f r o m y o u r r e v i e w o f t h e t a p e s a n d t h e r e c o r d s ,
315
d i d R a l p h T y l e r Company s e e k t o d o a n y b u s i n e s s w i t h t h e
C i t y o f E a s t C l e v e l a n d , Ohio?
A Yes.
Q Now, i n f a c t , h a v e you o b t a i n e d a n y c o n t r a c t s
i n v o l v i n g t h e R a l p h T y l e r Company a n d t h e C i t y o f E a s t
C l e v e l a n d , Ohio?
A Yes, I h a v e .
we l o o k a t them o n e b y o n e , w h a t a r e t h o s e d o c u m e n t s ?
A I b e l i e v e 5 2 4 t h r o u g h 526 a r e a s e r i e s o f
e n g i n e e r i n g c o n t r a c t s between t h e C i t y o f E a s t C l e v e l a n d
f o r a s an a s needed b a s i s .
And 523 i s a l e t t e r w h i c h p r e c e d e d a c o n t r a c t
was h i r e d on a s t h e e n g i n e e r o f r e c o r d f o r t h e C i t y o f
East Cleveland.
Q L e t ' s a c t u a l l y s t a r t w i t h 526, p l e a s e .
looking a t here?
A T h i s i s one of t h e p r o f e s s i o n a l s e r v i c e s agreements
f o r t h e y e a r 2000.
316
there?
Q All right.
A For the year 2000.
Q All right.
MR. DETTELBACH: We can take that down
now.
Q All right.
of 2003.
project?
A Yes. This one specifically pertains to the Martin
A Yes.
Tyler Companies?
A Yes.
All right.
procurements.
that exhibit.
on what frequency?
this down.
A Yes.
A Yes.
companies?
A Yes.
A No contracts.
321
R a l p h T y l e r Companies?
A Yes, I h a v e .
409.
t h i s particular exhibit?
A Yes. T h i s i s j u s t a summary o f t h e p a y m e n t s f r o m
CH2M H i l l t o R a l p h T y l e r Companies b a s e d on a c t u a l c h e c k s
t h a t were c u t b y CH2M H i l l a n d p a i d t o R a l p h T y l e r .
Q And what a r e t h e d a t e s o f t h i s p a r t i c u l a r e x h i b i t
t h a t you p r e p a r e d ?
A S t a r t s J a n u a r y 2 5 t h , 2000; a n d t h e c u t o f f d a t e was
March l l t h , 2003.
A T h a t was t h e d a t e w e e x e c u t e d t h e s e a r c h w a r r a n t on
overt.
A Known t o t h e p u b l i c .
Q O r a t l e a s t t o some p e o p l e ?
A Yes.
MR. DETTELBACH: Would you please display
line exhibit.
for?
early 2002?
A No.
the time line, the upper part of the time line, show?
Exhibit 16?
Q All right.
MR. DETTELBACH: Now, if we could just
contract?
Q All right.
MR. DETTELBACH: And if we could go to
page 1621. And then look at paragraph E-1.4, where
first year.
to page 1628.
Q All right.
MR. DETTELBACH: If you could, to focus in
paragraph.
contract?
326
A March 4, 2002.
Q All right.
A Of the line.
month.
Q All right.
A Yes.
invoices.
Q Did they begin paying?
A Yes, they did.
A I did.
Exhibit 408.
one up.
date.
of paper?
A I did.
to Ralph Tyler.
A Yes.
down.
City.
MR. DETTELBACH: Now, c o u l d you p l e a s e
d i s p l a y E x h i b i t 302?
A 302 i s a copy o f an e - m a i l we r e c e i v e d p u r s u a n t t o
a F e d e r a l Grand J u r y subpoena we i s s u e d t o J a v i t c h ,
Block.
Q With r e s p e c t t o t h e s e e - m a i l s , how a r e t h e y t o b e
read? I n what o r d e r d o . t h e y g e t r e a d i n ?
f i r s t e - m a i l i n t h e s e q u e n c e would b e l i s t e d on t h e
b o t t o m , and a n y f o l l o w - u p e - m a i l s would b e l i s t e d on t h e
t o p of t h e page.
Block a n d J o e l Rathbone.
Q And w h a t ' s t h e d a t e on t h i s o n e ?
A C h a r l e s N a t k i n s i s a p a r t n e r f o r t h e J a v i t c h , Block
firm.
Q Could you p l e a s e r e a d t h e f i r s t s e n t e n c e of t h a t
e-mail?
331
that the State Auditors are griping about the fees being
Q That's fine.
Natkins .
our good friend Nate Gray, who could perhaps talk to the
Javitch, Block.
A No.
bottom e-mail.
per year.
Exhibit 14.
of the report?
A Yes.
Q All right.
MR. DETTELBACH: Now, if we could go to
page 411 of that report. And if you could go to
recommendation 4.1.
A Yes.
performance audit.
Q That's fine.
And going back to your time line. Is there
an entry on your time line for the final payment that
consulting agreement?
2002.
Q Okay.
A It refers again to Exhibit 309, which is the
summary.
A Yes, it was.
MR. DETTELBACH: And could you please show
Exhibit 368.
A Yes.
doesn't go until all the way down to the end. Could you
Onunwor .
A Yes.
to CH2M Hill.
page?
Q And can you tell us what you were doing during that
two week period in-between?
easier to go through?
A Yes.
A I tried to do it chronologically.
t o keep t h e sequence p e r f e c t ?
switched s u b j e c t s .
Q So e v e r y c a l l may o r may n o t r e l a t e t o j u s t o n e
topic?
the objection.
Watch i t on a n y t h i n g o f s u b s t a n c e .
Q You c a n a n s w e r .
A Yeah, t h e r e i s a number o f d i f f e r e n t c o n v e r s a t i o n s
w h i c h r e f e r t o more t h a n o n e s u b j e c t .
Q A r e any of t h o s e c a l l s r e l a t i n g t o E a s t Cleveland
r e f l e c t e d on t h i s t i m e l i n e ?
A Yes.
Q Is i t e v e r y c a l l t h a t ' s i n t h e e x h i b i t s t h a t
r e l a t e s t o E a s t Cleveland?
A No, i t ' s n o t .
Q A l l right. I want t o l i m i t t h i s p a r t o f y o u r
t e s t i m o n y t o i h o s e East C l e v e l a n d c a l l s t h e n .
Q Why not?
A We did not have court authorization to have
then that the first series of calls when you did have
or OMI.
Hill is who?
BY MR. DETTELBACH:
A Yes.
Exhibit 1001.
(Tape played. )
BY MR. DETTELBACH:
Q A l l right. The n e x t d a y d e p i c t e d on y o u r t i m e
l i n e , i s t h e r e a f o l l o w - u p c a l l r e p o r t i n g on t h i s ?
A Yes. E x h i b i t 1002 r e f e r s t o a f o l l o w - u p c a l l
b e t w e e n N a t e Gray a n d Greg P a r k e r .
1002, p l e a s e .
(Tape p l a y e d . )
A H e ' s a n o t h e r member o f t h e C i t y o f E a s t C l e v e l a n d
Council.
Q You a l s o h e a r d a r e f e r e n c e t o t h e word e x t e n s i o n .
What was g o i n g on w i t h t h a t ?
a l s o t h e y were l o o k i n g f o r a n e x t e n s i o n , I b e l i e v e a f i v e
j u s t on November o f ' 0 1 .
extension?
A The mayor.
w i t h him i n 25 m i n u t e s ?
A Yes.
o f f i c e a t t h a t p o i n t t o c a p t u r e t h a t meeting?
Exhibit 1003.
(Tape played. )
BY MR. DETTELBACH:
was s i g n e d compared t o t h a t ?
t h e water c o n t r a c t ?
P l a i n Dealer t h a t was h i g h l y c r i t i c a l of t h e w a t e r
c o n t r a c t i n t h e C i t y of E a s t Cleveland.
Q And i s t h e r e a r e p o r t e d c o n v e r s a t i o n between
A Yes.
(Tape played. )
(Tape played. )
hear that?
A Yes, I did.
September 30th.
Q Okay.
A Yes.
Florida number.
Q Okay.
MR. DETTELBACH: Can you please play
Exhibit 1063.
(Tape played. )
Cleveland?
A Nate Gray.
exhibit.
the closet.
A Yes.
Q L e t ' s go back t o t h e e x h i b i t .
F i r s t o f , a l l j u s t on t h e h e a d i n g . What's
t h e h e a d i n g on t h e u p p e r r i g h t t h e r e ?
A The h e a d i n g on t h e u p p e r r i g h t s a y s N a t e ' s S h e l l .
Q And w h a t ' s t h e w r i t t e n t h i n g on t h e t o p o f t h e p a g e
say?
A On t h e t o p o f t h e p a g e t h e word "money" i s w r i t t e n .
(The w i t n e s s d i d a s i n s t r u c t e d . )
Q Do you s e e a n y r e f e r e n c e s on t h i s p a g e t o a n y o f
t h e c o m p a n i e s t h a t I j u s t a s k e d you a b o u t , o r p e o p l e t h a t
I j u s t a s k e d you a b o u t ?
right there.
(1 And r e a d t h a t f o r u s .
A And o n e a t t h e b o t t o m o f t h e p a g e .
Q What d o e s t h e f i r s t o n e s a y ?
s l a s h CH2M H i l l s l a s h $ 9 , 8 0 0 .
Q And what d o e s t h e o n e a t t h e b o t t o m s a y ?
A I t s a y s Ralph T y l e r , a n d t h e n i t s a y s Emmanuel.
l e t t e r , b u t w e c a n t a k e t h a t down now.
E x h i b i t 1020, w h i c h i s the n e x t e n t r y .
348
(Tape played. )
date.
A Yes.
the next date that you are listing on the time line?
Parker.
Q A l l right.
p l a y E x h i b i t Number 1 0 2 6 .
(Tape p l a y e d . )
t h e t r a n s c r i p t page 2 , a t t h e t o p l i n e , 1 through
12.
Q Now, w e d i d n ' t p l a y t h e e a r l i e r c a l l o r t h e e a r l i e r
e n t r y o f S e p t e m b e r 3 0 t h , b u t d o you see a r e f e r e n c e i n
Q And we a r e n o t g o i n g t o p l a y i t a t t h i s p o i n t ,
happening? Is i t i n p h o n e ? Is i t i n p e r s o n ? Who a r e
the participants?
A I t ' s an i n - o f f i c e meeting.
p l a y it then.
I f t h e r e i s an o b j e c t i o n , j u s t play t h e underlying
t a p e and l e t it speak f o r i t s e l f .
no problem.
(Tape played. )
A Yes.
(Tape played. )
(Tape played. )
Exhibit 1027.
that.
(Tape played. )
351
A Yes.
MR. DETTELBACH: Please play Exhibit 1028,
(Tape played. )
Bibb?
A Yes.
(Tape p l a y e d . )
Q You h e a r d a r e f e r e n c e t o t h e name H o w l i e ?
A Yes.
Q Who i s t h a t ?
A H o w l i e i s H o w l i e D a v i s , who i s a n E x e c u t i v e V i c e
P r e s i d e n t f o r CH2M H i l l .
Q You a l s o h e a r d a r e f e r e n c e t o F r i e n d s o f C h a r l e s E .
Bibb, Senior?
A Yes.
Q Who i s t h a t ?
Q You a l s o h e a r d a r e f e r e n c e t o -- d i d you h e a r t h e
word " s m o k i n g m i r r o r s ? "
A Yes.
Q And w h a t was t h a t a r e f e r e n c e t o ?
BY MR. DETTELBACH:
Q L e t m e a s k you t h i s .
From y o u r r e v i e w o f t h e c a l l s , w h a t i f a n y
p u b l i c a c t i o n o r m e e t i n g s were t a k i n g p l a c e a b o u t t h e
water c o n t r a c t a t t h i s time?
A T h e r e was a l a r g e community m e e t i n g h e l d i n t h e
C i t y of E a s t Cleveland t o d i s c u s s t h e E a s t Cleveland
353
water billing problems.
A Yes.
(Tape played. )
A Yes.
A Yes.
sound was later restored in the clip but just not in this
particular one.
the microphone.
A Yes.
that meeting?
A There were.
1035.
Q All right.
Exhibit 1036.
it down.
2 below?
6 A It is.
16 break today.
23 (Brief recess. )
doing so.
topic.
attention to it.
companies.
Houston?
Cleveland.
Cleveland.
A, m a i n t a i n -- i t ' s a t r e m e n d o u s amount o f
t h r e e d a y s o f w i r e t a p s a l l i n a row l i k e t h a t .
And s e c o n d , I t h i n k i t w i l l a l l o w t h e j u r y
t o e a s i e r segment t h e d i f f e r e n t e v i d e n c e . In fact,
a g a i n s t him s h o u l d b e s e g m e n t e d .
t h e East Cleveland?
and one e x h i b i t .
a t t h e i s s u e a n d I ' l l d e f e r a d e c i s i o n on i t .
I d o n ' t t h i n k t h e r e i s a n y way r e c a l l i n g
o f j u s t g e t t i n g him b a c k up t h e r e a n d down.
defendants.
in each section. I
equally felt --
we be permitted to do so?
your witnesses.
second.
two things.
presenting evidence.
MS. BUTLER: We c o u l d t e s t t h e m i c r o p h o n e s
by o u r computer.
(The j u r o r s were r e t u r n e d t o t h e
were c o n d u c t e d i n o p e n c o u r t . )
I b e l i e v e w e have something r i g g e d up f o r
t h e audio problem.
Q S p e c i a l Agent M a s s i e , g o i n g b a c k t o y o u r t i m e l i n e .
The s e c o n d f l a p o f t h e E a s t C l e v e l a n d t i m e l i n e , f l a p B,
t o t h e f a r r i g h t of t h a t , t h e f i r s t t a p e t h a t w e had
a u d i o p r o b l e m s f o r was 1 0 3 6 , i s t h a t c o r r e c t ?
A That's correct.
that?
v i d e o t a p e t a k e n from a m e e t i n g t h a t t o o k p l a c e between
Shaker Square.
Q A l l right. And i s t h a t t h e m e e t i n g t h a t s t a r t e d
w i t h t h e p i c t u r e t h a t you i d e n t i f i e d e a r l i e r i n
Government's E x h i b i t 103?
I'm sorry --
Exhibit 1036.
necessary again.
(Tape played. )
Q What is that?
A RFP is a Request for Proposal; and RFQ is Request
for Qualifications.
(Tape played. )
A Yes.
A Yes.
Q Who was that?
A Robert Pena, who is a developer out of Boston,
Massachusetts.
A Yes, it is.
A I have.
Ohio.
(Tape played. )
Onunwor .
A It is.
Q This one?
A Yes.
A Yes, 1042.
(Video played. )
369
Cleveland?
A Yes.
A Then do.
(Tape played. )
Q And was t h e r e a n y c a l l s t o t h e s e t u p t h a t m e e t i n g ?
A Yes.
Q Where i s t h a t r e f l e c t e d on t h e t i m e l i n e ?
A If you l o o k u n d e r t h e J a n u a r y 2 8 t h , 2 0 0 3 d a t e , i t ' s
r e f e r e n c e t o E x h i b i t 1045.
(Tape p l a y e d . )
and t h e 3 0 t h , t h e 2 9 t h , was t h e r e a n y a c t i v i t y t a p e d i n
Nate G r a y ' s o f f i c e ?
c a m e r a c o u n t i n g o u t c a s h a n d p l a c i n g it i n a n e n v e l o p e .
Q What e x h i b i t i s t h a t ?
A T h a t ' s E x h i b i t 1048.
Q What's t h e d a t e ?
A January 29th.
which h a s no sound.
(Video p l a y e d . )
Q F i r s t o f a l l , E x h i b i t 103, i s t h i s t h e s t i l l of
that?
A Yes.
Q And t h e n , E x h i b i t 1 0 4 , on t h e n e x t d a y , what i s
this?
Q All right.
Now, what was the next time, in or out of
met?
Q What happened?
A As we were conducting surveillance outside of
proceed to, you know, try and drive our cars to the
A Yes.
(Tape p l a y e d . )
d r i v e your c a r a f t e r t h a t ?
A Yes, I did.
Q Now, you t e s t i f i e d e a r l i e r a b o u t t h e f i n a n c i a l
r e c o r d s a n d t h e money t r a i l f r o m CH2M H i l l t h r o u g h R a l p h
that?
A Yes, I d i d .
On March 4 t h , 2003, w h i c h i s r e f e r e n c e t o
E x h i b i t 1 0 5 4 , t h a t ' s a c o n v e r s a t i o n b e t w e e n N a t e Gray a n d
Ralph T y l e r .
Q And i s t h i s t h e p e r i o d w h e r e t h e money i s s t i l l
f l o w i n g o r have t h i n g s s t a r t e d s l o w i n g up h e r e ?
A T h i n g s h a d s l o w e d down a t t h i s p o i n t .
from 3 / 4 .
(Tape p l a y e d . )
A Yes.
somebody on t h e s u b j e c t ?
A He d i d .
Q And i s t h e r e a n e n t r y on y o u r t i m e l i n e f o r s u c h a
call?
A Yes. If you g o t o t h e n e x t e n t r y , w h i c h i s
March 5 t h , 2003, r e f e r e n c e t o E x h i b i t 1 0 5 5 .
(Tape p l a y e d . )
A No, i t ' s n o t .
Q Who e l s e d o e s h e t a l k t o ?
A H e a l s o t a l k s t o Howlie D a v i s a n d G r e g P a r k e r .
d i d h e s p e a k w i t h him a b o u t i t t h a t w e r e i n t e r c e p t e d ?
A On two s e p a r a t e o c c a s i o n s .
Q T h a t ' s a c t u a l l y -- i t ' s t h e s e c o n d o f t h o s e on y o u r
t i m e line?
A I t is.
Q Where i s t h a t ?
D i r e c t i n g your a t t e n t i o n t o 3/6/03.
Q And t h e r e i s a c t u a l l y a n e n t r y a b o v e , d o you s e e
t h a t one?
A Yes.
Q Who's t h a t o n e b e t w e e n ? The o n e t h a t h a p p e n s t h e
same day?
A It is.
(Tape played.)
A Yes, I do.
from 3/10/03.
(Tape played. )
A Yes.
Q Was that a full month since the last time the two
men had met together?
Q All right.
And was there a reason from the intercepts
evidence.
leading.
THE COURT: Rephrase it.
BY MR. DETTELBACH:
BY MR. DETTELBACH:
Q Now, was there indeed a video of the meeting
between Mr. Gray and Mr. Onunwor?
in his pocket.
A It is.
too, correct?
A Yes.
pocket.
Q And a f t e r t h a t o n e , i s t h a t t h e o n e t h a t you
s t o p p e d Emmanuel Onunwor?
A Yes, it i s .
Q And t h e n p l e a s e d e s c r i b e f o r u s , w i t h r e s p e c t t o
A A f t e r s t o p p i n g Emmanuel Onunwor, a f t e r h e r e c e i v e d
t h e e n v e l o p e f r o m N a t e Gray, w e p r o c e e d e d t o i n t e r v i e w
o c c a s i o n s o v e r t h e c o u r s e o f t h e n e x t two w e e k s . H e was
cooperative a t t h a t point.
A Yes, I d i d .
d i s c o v e r e d t h e --
BY MR. DETTELBACH:
Q W e l l , l e t m e a s k you t h i s .
cease a t t h a t p o i n t ?
A It did.
t h a t out?
A A p r i l lst, 2003.
And how d o you r e m e m b e r t h a t ?
B e c a u s e I t h o u g h t i t was a n A p r i l f o o l ' s j o k e .
indulgence.
Your Honor, w e h a v e n o f u r t h e r q u e s t i o n s
f o r t h i s w i t n e s s i n t h i s segment o f h i s t e s t i m o n y .
THE COURT: We a r e g o i n g t o t a k e j u s t a
(The j u r y w i t h d r e w f r o m t h e c o u r t r o o m a n d
t h e f o l l o w i n g p r o c e e d i n g s were c o n d u c t e d i n o p e n
court. )
W i t h r e s p e c t t o t h e o r d e r -- w h a t t h e
t h e g o v e r n m e n t i s a s k i n g u n d e r E v i d e n c e R u l e 611 t o
b r e a k t h e t e s t i m o n y up b y l a r g e l y g e o g r a p h i c a l a r e a s
o r differing areas.
Am I c o r r e c t t h a t t h e o n l y w i t n e s s you a r e
O r how many o t h e r s ?
witness.
case.
defense.
understandable.
continued? Yes.
contract.
would be recalled.
court for the record, I'm going to ask him the exact
examination.
minutes.
(Brief recess.)
seat.
Just by way of explanation. The
questions.
your Honor.
Thank you.
BY MR. WHITAKER:
A I do.
Q So a t l e a s t f o u r o r f i v e months b e f o r e you s t o p p e d
the intercepting the phone calls?
387
A Yes.
A I did.
A No.
Jacksonville.
weren't wiretapped.
A Yes, I do.
A No.
Q Or OMI?
A No.
Q All right.
You talked about this guy from the Water
A No.
t a p his phones?
BY MR. WHITAKER:
A No.
Q Of criminal activity?
Q I'm sorry.
A Before we can establish probable cause to get a
A Continuing today.
I've mentioned?
Q Right.
A No.
A Yes.
said.
A No.
A No.
Q Or Greg Parker?
A No.
A That's correct.
A No.
Q Or Lee Brown?
A No.
that correct?
Q Yes.
A No. Javitch, Block still maintained that contract
talked about?
A Yes.
contract.
would t a k e a s e r i o u s l o o k a t t h e c o l l e c t i o n p r a c t i c e s o f
J a v i t c h , Block.
Q A t no p o i n t d i d h e make i t a campaign p r o m i s e t o
t e r m i n a t e J a v i t c h , Block?
A Not t o my knowledge.
a b o u t two t h i n g s , am I c o r r e c t ?
somebody e l s e was t h i n k i n g .
BY MR. WHITAKER:
a r t i c l e s t a t e d Onunwor was c o n c e r n e d a b o u t , am I c o r r e c t ?
A I r e c a l l t h e y were c o n c e r n e d a b o u t t h e c o l l e c t i o n
into.
9 You d i d r e a d t h e a r t i c l e ?
A I did.
Q And h e was c o n c e r n e d a b o u t d i s p u t e s w i t h c i t i z e n s .
How d i s p u t e s w i t h c i t i z e n s o v e r t h e c o l l e c t i o n p r a c t i c e s
were handled, correct?
Am I correct?
Javitch, Block?
A I don't recall minority hiring being an issue.
resolved?
A Yes.
A Yes.
A Yes.
right now.
Am I correct?
MR. DETTELBACH: Objection.
A Yes.
you?
A I did not.
BY MR. WHITAKER:
Q Go ahead.
A Yes.
397
Q And a l l you h a v e t o d o i s i s s u e a s u b p o e n a f o r t h e
A I s s u e a s u b p o e n a t o who?
Q The IRS.
a subpoena.
Q You c o u l d j u s t a s k them?
A They c o u l d r e s e a r c h i t o n t h e i r own, y e s .
Q Right. You c o u l d g e t t h a t i n f o r m a t i o n s i m p l y b y
a s k i n g t h e IRS, w e r e t h e r e a n y 1 0 9 9 s f i l e d b y J a v i t c h ,
A More o r l e s s , y e s .
Q Did you d o t h a t ?
A No, I didn't.
r e p o r t i n g a s i n a p u b l i c r e c o r d a l l you h a d t o d o was
l o o k a t t h a t N a t e G r a y was b e i n g p a i d a s a c o n s u l t a n t ?
A No.
s a i d you t r i e d t o g e t i t o v e r t h e i n t e r n e t a n d you w e r e
unsuccessful i n doing t h a t ?
A Yes.
Q I t was d i f f i c u l t ?
A Very, yes.
A No.
a conversation with Mr. Gray, and then you could use that
him, right?
A That's correct.
BY MR. WHITAKER:
BY MR. WHITAKER:
Nate Gray.
affiliated with.
contracts.
that timeframe?
That's correct.
Honor.
Q Pursuant to subpoena?
A Yes.
pages to this.
subpoena.
BY MR. WHITAKER:
Management International.
A It is.
Performance audit.
A It is, yes.
Q Okay.
And finally, I'm showing you what we've
contract.
Is this something that you gathered during
Q Okay.
MR. WHITAKER: No further questions, your
Honor.
BY MR. JENKINS:
A That's correct.
phones, correct?
A That's correct.
A That's correct.
that correct?
A Yes.
or Mayor Onunwor's.
A Yes.
1044, please.
(Tape played. )
A That's correct.
A Yes.
correct?
A Yes.
into dinner.
BY MR. WHITAKER:
Q Thank you.
Now, in terms of the video, as I spoke to you
A That's correct.
REDIRECT EXAMINATION
BY MR. DETTELBACH:
A Yes.
different concerns.
Q Yes.
A Onunwor said, it appears that Davis is attempting
tax delinquencies.
down.
A Yes.
A No.
A Yes.
you were given, were those part of the invoice that was
sent out to CH2M Hill?
A No.
A Yes.
A Yes.
A Absolutely not.
obtain a wiretap --
BY MR. DETTELBACH:
a d j o u r n m e n t -- w e a r e g o i n g t o t r y t o k e e p t h i s o n
u n t i l a b o u t 20 a f t e r . So w e ' l l s t a n d a d j o u r n e d .
w i t h anyone else.
adjourn.
(Luncheon recess.)
- - -
412
seats.
next w i t n e s s .
r i g h t hand.
THE W I T N E S S : R i g h t here?
- - -
N I N A UPSHAW
c a l l e d as a w i t n e s s by a n d on b e h a l f o f
of t h e G o v e r n m e n t , a f t e r b e i n g f i r s t d u l y
s w o r n , w a s e x a m i n e d and t e s t i f i e d a s
follows:
S t a t e y o u r n a m e and s p e l l y o u r l a s t n a m e .
D I R E C T EXAMINATION
MS. PEARSON:
Hello.
413
A I ' m sorry?
A ETNA P a r k i n g .
A N a t e Gray.
Parking?
A S i n c e 1995.
Q So a b o u t 1 0 y e a r s now?
A Correct.
b u s i n e s s name, b a c k i n t h e 8 0 s ?
Mart?
A A g a s s t a t i o n and s t o r e .
t h a t I worked on a n d o f f .
Q Now f o c u s i n g b a c k o n y o u r c u r r e n t employment a t
ETNA P a r k i n g . U n t i l r e c e n t l y , w h e r e w e r e you o f f i c e s
located?
A Shaker Square.
Q And today, you work from where, ma'am?
A Home.
A Yes.
A Yes.
that is?
A Parking management.
A No.
different areas.
Parking?
A Yes.
A Yes.
responsibilities changed?
A Yes.
A Yes.
A Yes.
A Yes.
A Yes.
all the ETNA businesses that you worked for, did those
A Yes.
A Mr. Gray.
stamp?
A Yes.
ETNA offices?
A Mr. Gray.
business account?
A Yes.
o r b i w e e k l y , d e p e n d i n g upon what l o c a t i o n .
a c c o u n t s was n e c e s s a r y ?
A E i t h e r m y s e l f o r t h e o t h e r young l a d y t h a t would b e
doing p a y r o l l .
(Z Now, I w a n t t o t a l k a l i t t l e more a b o u t t h i s
b y ETNA b u s i n e s s e s , o k a y ?
A Okay.
Q I n i t i a l l y , I would l i k e t o t a l k a b o u t a c e l l p h o n e
bill.
Do you r e c a l l ETNA r e c e i v i n g a c e l l p h o n e
b i l l f r o m A l l t e l i n t h e name o f Dawann G r a y ?
A The b i l l would b e i n my b o x .
Q How would i t g e t t h e r e ?
usage.
Q So h e would h a v e a l r e a d y p a i d i t ?
A Yes.
Q And you w o u l d r e i m b u r s e M r . G r a y f r o m w h a t a c c o u n t ?
A From ETNA P a r k i n g .
420
Q Earlier?
A Right. Correct.
but did there come times when you paid other individuals,
out to individuals?
A Yes.
A Yes.
account, right?
A Correct.
Honor.
BY MS. PEARSON:
A ETNA Associates.
payments?
A Consulting.
A Mr. Gray.
BY MS. PEARSON:
1 A Yes.
3 motivation.
9 him?
21 I'll say it --
A Yes.
approach once.
follows : )
1 the payment.
4 was issued.
10 authorize it.
16 BY MS. PEARSON:
19 A Mr. Gray.
24 A Mr. Gray.
advance.
Mr. Jackson?
a check.
generate.
A Correct.
payment be issued?
A Every month.
Q Yes.
A New Orleans.
A By mail.
A Yes.
A It probably --
BY MS. PEARSON:
is.
What i s i t , p l e a s e ?
A Fed-Ex.
From whom?
To whom, p l e a s e ?
G i l b e r t Jackson.
And w h a t s t a t e i s t h i s b e i n g s e n t t o ?
Louisiana.
Do y o u know w h a t 7 2 1 w a s u s e d t o d o ?
A What y o u mean?
u n d e r s t a n d i n g what s h e ' s a s k i n g .
BY MS. PEARSON:
A Yes.
true?
A Yes.
package?
BY MS. PEARSON:
BY MS. PEARSON:
A Yeah, 2/6.
Q 2/6 of 2002?
A Yes.
A Yes.
A Yes.
a note in my box.
A No.
A Yes.
A Yes.
A Yes.
Q Now, for the various clients who paid Mr. Gray, how
did Mr. Gray - - how did the ETNA business receive those
payments?
A Yes.
Honeywell?
A Yes.
expenses.
A Yes.
A Yes.
A Yes.
A Brent Jividen.
A 2200.
Q And we can show you the entire document but you can
see that's the only item there, isn't that true?
A Yes.
Bowl?
invoice.
A Yes.
A Yes.
A Super Bowl.
A Mr. Gray.
A Yes.
A Yes.
833.
N. Gray, Florida.
A Yes.
well. Okay.
A Yes.
438
you f o r e n l a r g i n g t h a t .
i t ' s a r e s t a u r a n t b e c a u s e t h e r e i s a g r a t u i t y c h a r g e on
there.
Q I n d e e d , t h e a d d r e s s , web a d d r e s s i s T a n t r a
R e s t a u r a n t d o t com, i s n ' t i t ?
A Yes.
Q J u s t t e l l t h e jury, a g a i n u s i n g t h a t t o p , where
Tantra i s located?
Q Where T a n t r a i s l o c a t e d , t h e c i t y a n d s t a t e ?
(1 And i f w e c o u l d j u s t l o o k a t t h e r e c e i p t o n t h a t
same p a g e .
What's w r i t t e n a t t h e t o p t h e r e ?
A Miami.
A Mr. Gray's.
Q How a b o u t t h e i n i t i a l s a t t h e b o t t o m ?
t h e T a n t r a r e c e i p t c o u l d h a v e w r o t e i t on t h e r e . You
439
A Yes.
A Okay.
A Yes.
leading?
BY MS. PEARSON:
A Yes.
of times?
A Yes.
can show them to you at any pace you would like, but I
A Yes.
A Mr. Gray.
824.
A Yes.
Q Thank you.
Let's now look at the second page of that
A Yes.
Q Thank you.
A Okay.
A Mr. Gray's.
908.
please.
Q Yes, please?
A Mr. Gray's.
A Mr. Gray's.
please.
Q Whose handwriting is there, if you know?
A Mr. Gray's.
FBI?
A Yes.
A Yes.
documents?
boxes.
A No.
BY MS. PEARSON:
to the subpoena?
A Um-hum .
out.
A No.
Q But you did look in your own office?
A Yes.
worked at ETNA?
A Yes.
A Yes.
118?
BY MS. PEARSON:
A No.
Q T h i s i s a -- p l e a s e t e l l u s w h a t t h i s i s ?
A Mr. Gray's o f f i c e .
i n , I t h i n k w e c a n d o t h i s u s i n g E x h i b i t 1 2 0 , on t h e
same room b u t a d i f f e r e n t a n g l e .
and e n l a r g e t h a t c o r n e r .
Thank y o u .
Q Miss Upshaw, p l e a s e t e l l t h e j u r y w h a t t h e p i e c e o f
f u r n i t u r e i s i n t h e c o r n e r of E x h i b i t 119?
A Lateral f i l e cabinet.
(1 Do you know w h e t h e r o r n o t t h a t c a b i n e t i s k e p t
locked?
A Yes.
Q Who h a s a c c e s s t o i t ?
A Mr. Gray a n d m y s e l f .
Q And h a v e you o c c a s i o n a l l y e n t e r e d t h a t c a b i n e t ?
A Yes.
Q What k i n d o f items a r e k e p t i n t h e r e , t o y o u r
knowledge?
A The s t a m p f o r m e t o s t a m p c h e c k s .
1 Q Anything else, to your knowledge?
2 A I don't look in the drawer, I just go in and get
9 time .
13 - - -
14 CROSS EXAMINATION
15 BY MR. CAFFERKEY:
17 A Hello.
21 area?
24 A Yes.
25 Q And can you see the photos that are in the back of
the office on the credenza?
gets? Okay.
A Yes.
A Yes.
Q All right. And does that photo look like the photo
depicted in Defendant's Exhibit B, or Government's
Exhibit 119?
A Yes.
Enterprises?
450
MS. PEARSON: Objection. Unless she knows
his financial.
BY MR. CAFFERKEY:
BY MR. CAFFERKEY:
A No.
A Yes.
A Correct.
further.
CROSS EXAMINATION
BY MR. WHITAKER:
Q Good a f t e r n o o n , M i s s Upshaw?
A Hello.
Q How a r e you?
A Lovely.
A Yes.
Q You l i k e w o r k i n g f o r N a t e Gray?
A Yes.
A Yes.
i n h i s s o n ' s name?
A Yes.
r e i m b u r s e d r e l a t e d t o t h a t c e l l phone b i l l , r i g h t ?
A Yes.
bill?
A Yes.
i t was some k i n d o f f a m i l y p l a n o r a n y t h i n g ?
Q All right.
One of the things that you were asked was
A Yes.
A Yes.
A Yes.
Q And these are the records that you turned over when
a subpoena was served?
A Right.
A Yes.
Q First Transit?
A Oh. Okay, yes.
correct?
A Yes.
your books?
A Yes.
A Yes.
correct?
A Yes.
A No.
454
A When -- what, t h e i n v o i c e s ?
Q Yeah. D i d B r e n t J i v i d e n come?
A Yes, B r e n t .
Q And d i d B r e n t want t h e b a c k u p i n v o i c e s t o t h a t
s i m p l e b i l l t h a t s a i d S u p e r Bowl?
A Yes.
h e , c o p i e s of t h o s e r e c e i p t s ?
A Oh, y e s . Yes.
a n d t h e r e a s o n h e w a n t e d them i s t h a t Honeywell n e e d e d
more d o c u m e n t a t i o n a b o u t t h a t t r i p ?
BY MR. WHITAKER:
BY MR. WHITAKER:
A I d o n ' t remember.
A Yes.
Q You even had a key to that file cabinet, right?
A Yes.
right?
A Yes.
A No.
A Correct.
A Yes.
it over, or anything?
A No.
to?
456
A Yes.
like that?
A No.
the objection.
REDIRECT EXAMINATION
124.
scope.
Q Is t h i s o n e o f t h e p l a c e s w h e r e you s e a r c h e d ?
Did you s e a r c h t h i s a r e a ?
is.
BY MS. PEARSON:
Q Then t h e n e x t q u e s t i o n i s , i s t h i s o n e o f t h e
p l a c e s you s e a r c h e d f o r d o c u m e n t s r e s p o n s i v e t o t h e
subpoena?
A No.
further questions.
s t e p down.
Would t h e U n i t e d S t a t e s c a l l y o u r n e x t
witness.
E R I C BREWER
c a l l e d a s a w i t n e s s b y a n d on b e h a l f o f
o f t h e Government, a f t e r b e i n g f i r s t d u l y
s w o r n , was e x a m i n e d a n d t e s t i f i e d as
459
follows :
g e t s e a t e d , t e l l u s y o u r name a n d s p e l l y o u r l a s t
name f o r t h e c o u r t r e p o r t e r .
B-R-E-W-E-R.
DIRECT E X A M I N A T I O N
BY MS. PEARSON:
Q Good a f t e r n o o n , s i r .
P l e a s e t e l l t h e j u r y i n w h i c h c i t y you l i v e ?
A E a s t Cleveland, Ohio.
A Shaw.
Q Did you e n t e r t h e m i l i t a r y a f t e r t h e h i g h s c h o o l ?
A I did. The U n i t e d S t a t e s A i r F o r c e .
Q And h a v e you h a d a n y c o l l e g e e x p e r i e n c e , s i r ?
A Two y e a r s o f c o l l e g e , San A n t o n i o C o l l e g e .
make y o u r l i v i n g t o d a y ?
A I p u b l i s h a newspaper c a l l e d t h e C l e v e l a n d
newspaper a t t h a t time?
A I t was a n e w s l e t t e r c a l l e d t h e --
Did you say 1997 or '79.
Challenger.
A Yes, I did.
461
A Yes, he was.
A Yes, I do.
A Yes.
of this article?
A Yes, he did.
A This whole?
the more the residents owe, the more the law firm earns
in commissions.
contract?
be a review.
called OMI?
A Absolutely.
Q And did you -- what forms did you write in? Were
you just writing for the news magazine or did you write
information to residents.
A I did.
that effect.
right hand.
GLORIA LOVELACE
follows:
DIRECT EXAMINATION
BY MS. PEARSON:
A Twenty years.
Q Now, what job did you hold when you were last
employed in East Cleveland?
Q And will you just please tell the jury briefly what
your duties were as a Deputy Tax Administrator for East
Cleveland?
Cleveland.
A Yes.
Q Including yourself?
A There were five, including myself, at the biggest
point.
Onunwor?
A Yes.
A Yes.
A Yes.
Q Who was t h a t ?
A Finance Director.
Q And d i d you r e p o r t d i r e c t l y t o t h e F i n a n c e
Director?
A Yes.
Q And t o whom d i d t h e F i n a n c e D i r e c t o r r e p o r t ?
A The Mayor.
was t h e F i n a n c e D i r e c t o r ?
A B r i a n Thompson.
Q Now, r e g a r d i n g t h e d a y - t o - d a y o p e r a t i o n s o f your
c o l l e c t i o n e f f o r t s , who managed t h a t ?
A I d o n ' t understand.
Q On a d a i l y b a s e , how o f t e n d i d you i n t e r a c t w i t h
B r i a n Thompson?
A Very seldom.
Q On d a i l y b a s i s , how o f t e n d i d you i n t e r a c t w i t h
Mayor Onunwor?
A Very seldom.
Q So u l t i m a t e l y made m o s t o f t h e d a i l y d e c i s i o n s
A I did.
A Yes.
A Yes.
A Yes.
A Yes.
taxes?
A Yes.
A Yes.
A Yes.
A Yes.
A Michael Dubose.
law firm.
A Yes.
system to another.
A Yes.
a document that will help you with that date, but I would
firm?
A Yes.
from.
A Yes.
A Yes.
A No.
you.
A Yes.
firm?
A Yes.
A Yes.
RITA.
A Yes.
A No.
A No.
A No.
A No.
Q Did y o u r d i r e c t s u p e r v i s o r , B r i a n C a s e y , e v e r s p e a k
w i t h you a b o u t a n i n d i v i d u a l named N a t e G r a y ?
A B r i a n Thompson?
Q Thank y o u . B r i a n Thompson?
A No.
a b o u t a n i n d i v i d u a l named N a t e Gray?
A No.
W i l l you p l e a s e -- t h i s i s t h e f i r s t p a g e .
A Yes.
second page.
Q You've s e e n t h i s c o n s u l t i n g a g r e e m e n t b e f o r e ,
A Yes.
page s o t h e w i t n e s s c o u l d s e e t h e d a t e on t h e
l e t t e r , a n d t h e n w e ' l l l o o k a t t h e d a t e on t h i s p a g e
a s well.
Q Are you able to tell the jury the date there?
A May 21, 1998.
A No.
A Yes.
these disputes.
A Yes.
Cleveland?
A No.
Exhibit 300?
A From you.
CROSS EXAMINATION
BY MR. WHITAKER:
A Yes.
was c a m p a i g n i n g , s a i d t h a t h e w a n t e d t o r e v i e w t h e
J a v i t c h l a w f i r m i f h e was e l e c t e d ?
A Yes.
Q The t e x t c o l l e c t i o n -- I ' m s o r r y , y e s ?
A Yes.
Q And a s a m a t t e r o f f a c t , a f t e r h e was e l e c t e d , o n e
y o u r o p i n i o n o f J a v i t c h was, i s n ' t i t ?
A Yes.
a l o n g w i t h J a v i t c h a n d what k i n d o f j o b you t h o u g h t t h e y
did?
A Yes.
A I t h o u g h t t h e y d i d a good j o b .
Q You t h o u g h t t h a t t h e y o u g h t t o b e r e t a i n e d , d i d n ' t
you?
A Yes.
A That is correct.
A Yes.
Q The turnover?
A Well, the turnover created a problem as we were not
A Yes.
A Yes.
Q Had you told the Mayor that Mr. Natkins had been
involved in the collections since even before he was with
A I may have.
that correct?
A That is correct.
question.
BY MR. WHITAKER:
A Yes.
A Yes.
Q Did Mr. Block and Mr. Natkins agree that that's the
approach that they would take, a kinder, gentler
approach?
A Yes.
Q And did they talk about they would figure out ways
to resolve disputes?
A Not to my knowledge.
citizens.
Q Did they?
A Yes.
A The State.
A Yes.
Q And are they the ones that asked for this audit?
A I don't think so.
A Yes.
right?
A Yes.
I f you know?
f e e was t h r e e p e r c e n t t o c o l l e c t r e g u l a r t a x e s . I f it i s
farmed o u t t o a law f i r m , i t i s 2 5 p e r c e n t .
Q So t h e cases t h a t a r e f a r m e d o u t t o l a w f i r m s a r e
A Are lawsuits.
Q The d e l i n q u e n t t a x e s t h a t r e s u l t i n l a w s u i t s ?
A Yes.
Q And t h e t h r e e p e r c e n t you a r e t a l k i n g a b o u t , t h a t
was b a s e d on a l l t a x e s ?
A Yes.
Q Not j u s t t h e d e l i n q u e n t o n e s b u t a l l o f t h e m ?
A Yes.
Q J a v i t c h , B l o c k was j u s t h i r e d t o c o l l e c t t h e
A Yes.
office?
A Correct.
t h a t r e c o m m e n d a t i o n , d i d you?
A No.
Q Why n o t ?
487
continued to be delinquent.
A Yes.
didn't you?
A That is correct.
488
rephrase that.
BY MR. WHITAKER:
didn't he?
A No.
A Yes.
o v e r a n y new a c c o u n t s e v e n b e f o r e t h e a u d i t r e p o r t came
o u t , d i d n ' t he?
A I t was my d e c i s i o n , b a s e d on t h e a u d i t r e p o r t , that
w e w e r e i n s t r u c t e d t o t r y t o come i n t o c o m p l i a n c e w i t h
A I g a v e him a n u p d a t e on t h e s t a t u s . They s e n t
u p d a t e s h e e t s o u t t o u s a n d I g a v e him a n u p d a t e on t h e
s t a t u s of t h e f i n d i n g s from t h e a u d i t , a s i t a p p l i e d t o
t h e t a x department.
Q And a f t e r o n e o f t h e s e u p d a t e s i s when h e s a i d w e
t u r n i n g new a c c o u n t s o v e r t o J a v i t c h , i s n ' t t h a t c o r r e c t ?
over t o Javitch, is t h a t c o r r e c t ?
A A t some p o i n t , yes.
t h i n k , b a s e d on t h e l e t t e r f r o m R I T A w h e r e we were
p u t t i n g t o g e t h e r i d e a s t h a t t h e y would t a k e o v e r t h e
shown b y t h e g o v e r n m e n t , t h a t s a i d t h a t i t was r e f l e c t i n g
c o n v e r s a t i o n s t h a t you h a d e a r l i e r t h a t same y e a r , is
t h a t correct?
A That i s c o r r e c t .
Q So you b e g a n h a v i n g d i s c u s s i o n w i t h RITA a b o u t
l o n g b e f o r e t h a t l e t t e r where t h e y w r o t e you a n d t a l k e d
a b o u t a l l t h e t h i n g s t h a t R I T A was g o i n g t o d o ?
A Correct.
you.
Honor.
redirect.
Honor.
REDIRECT EXAMINATION
BY MS. PEARSON:
Q Miss L o v e l a c e , i s J a v i t c h , B l o c k , E i s e n , R a t h b o n e
t h e o n l y law f i r m i n t h e a r e a t h a t c o u l d have s e r v e d E a s t
491
Cleveland in its delinquent tax collection tax efforts?
A No.
RECROSS EXAMINATION
BY MR. WHITAKER:
A Most of them.
4 MICHAEL DUBOSE
8 follows :
15 - - -
16 DIRECT EXAMINATION
17 BYMS BUTLER:
22 A Yes, I am.
A I did.
A Miss Lovelace.
A I was.
Q At any time did you see Mr. Nate Gray meeting with
anyone in the offices there at the Tax Collection
Department?
A I did not.
Administration or Authority.
A Yes, I did.
were you the only law firm employee who was actually
A I was.
CROSS EXAMINATION
BY MS. WHITAKER:
Q Good afternoon.
A How are you?
relationship?
A Yes, it was.
Q And did you all feel like you had a good working
relationship with the citizens of East Cleveland?
Cleveland at all.
of East Cleveland?
A I did not know that to be a fact.
A That's correct.
A That's correct.
them?
A No.
Mr. Jenkins?
A g a i n , d o n ' t t a l k a b o u t t h e case, f o r m a n y o p i n i o n s ,
o r e x p r e s s any.
( B r i e f recess)
r i g h t hand.
- - -
EMMANUEL ONUNWOR
c a l l e d a s a w i t n e s s by and on b e h a l f o f t h e
Government was f i r s t d u l y s w o r n a n d t e s t i f i e d
a s follows:
s t a t e y o u r name a n d s p e l l y o u r l a s t name.
0-N-U-N-W-0-R.
DIRECT EXAMINATION
BY MS. PEARSON:
Q Good a f t e r n o o n , s i r ?
A Good a f t e r n o o n .
Q S i r , i f I may, t h e r e i s a p i t c h e r o f w a t e r w i t h a
c u p j u s t b e h i n d t h e m o n i t o r i f you f i n d i t n e c e s s a r y .
A Thank you.
Q You may h a v e t o t u r n t h a t l i d s l i g h t l y i n o r d e r t o
g e t it t o pour o u t .
A Thank y o u .
499
were born.
East Cleveland?
A Yes.
Planning.
in 1996?
A Yes, I did.
President.
A Two years.
A Of course, yes.
A Yes, I did.
A I run in 1997.
$25,000.
So in totality, a total of $65,000.
A Yes, I was.
Gray?
A Yes, I do.
A In the 1980.
Q Please continue?
A In 1980s.
Q Did you learn that you and Mr. Gray had something
in common?
A Yes.
A Yes, we did.
Q Now, during the time when you first met Mr. Gray,
what was your job status?
S q u a r e t o move on w i t h what I w a n t e d t o d o .
So I b e g a n t o u s e h i s o f f i c e .
you?
f i n d a j o b i n t h e a r e a , f i n a n c i a l l y I was a l s o h a v i n g
some d i f f i c u l t y . To s a y t h e l e a s t i t was d i f f i c u l t .
d i f f i c u l t i e s , would you d i s c u s s t h e s e f i n a n c i a l
d i f f i c u l t i e s w i t h M r . Gray?
Of c o u r s e h e t o l d m e t h a t , i f I need any
help.
A Yes. Yes, I d i d .
Q P l e a s e t e l l t h e j u r y w h a t you d i d ?
And h e would h e l p m e .
A That's correct.
Q Now, at some point were you able to find
employment?
A Yes, I did.
on '95 through '97, did you ask Mr. Gray for financial
assistance?
just a help.
A Yes.
Cleveland.
come by.
A Yes.
A Yes, I did.
that discussion?
about City Hall and how to run the city. He shared with
Q How so?
A Well, initially the relationship was such that he
the more contract that would come his way, he will then
give me money.
collection for the city. And Mr. Gray told me, said
look, who does that work? I told him. He said well, the
Q Now, who was the law firm that had the collections
contract at that time?
A Yes, I did.
rid of them.
A Yes, I was.
already received some money from him for that month. But
FBI.
A Yes.
Mr. Gray.
A Yes.
Q What is it?
A Is that the, the FBI --
Thank you.
A Yes.
Q By whom?
A By Mr. Gray.
Q Sir, was this the first time that you had been in
Mr. Gray's office and received a white envelope with
cash?
A NO, no.
A Yes.
A Yes, I did.
A Yes.
A He showed me a video.
A Yes.
Mr. Gray.
f l a t out?
A Well, b a s i c a l l y we d i s c u s s e d v a r i o u s b u s i n e s s e s i n
t h e c i t y and t h e v a r i o u s a c t i v i t i e s i n t h e c i t y , about
video, t h e f i r s t t h i n g ?
jacket.
video l i k e t h a t ?
A I think it's one that day.
envelope?
A Yes.
Q Why?
A Well, I was in denial. I was in denial of
help here and there. And then when I became the Mayor,
where Mr. Gray told me that he will need more money and
516
now, I'm receiving the bribe from him to make sure I get
Thank you.
A Yes, I do.
Administrator.
A No.
A Yes, I did.
A Oh, yes.
Q And tell the jury what you said to them when she
wasn't in the room?
agreed.
business.
So I also reminded him to make sure they
Yes, I did.
301.
date down.
Yes, I do.
To whom is it addressed?
Addressed to me.
Q And how are you described in this letter?
A Mayor Onunwor.
top?
A Yes.
A Yes.
A Yes.
Q I would like to --
MR. WHITAKER: Excuse me. What Exhibit
Q Between?
A Between Nate Gray and the Javitch, Block and
Rathbone .
Q And how did you first see this agreement along with
the letter attached to it as the first page?
Javitch, Block. Tell the jury what you expected Mr. Gray
Block?
A Well, really nothing, because I did not expect him
to do any work.
Q Why not?
A Well, he was -- business conversation just to be
collect taxes.
change?
done before.
Q And when you called him for money, in what form did
you receive that money?
envelope.
firm?
A Yes.
agree.
A Yes, it was.
A Yes.
situation?
A Yes. We discussed the need to look for another
A Yes, I am.
A Yes.
526.
part.
A Yes.
Q And it's blank day of 2000, correct?
A Yes.
company on board.
additional money?
did.
A Ralph Tyler.
A Yes.
A Oh yes, we did.
for readability.
Mr. Gray, the more contracts that will come through him,
A Yes.
top paragraph.
project .
the letter is 523, 524, 525, are those all between the
A Yes.
E x h i b i t 5 2 6 , how d i d y o u r f i n a n c i a l r e l a t i o n s h i p w i t h
Mr. Gray c h a n g e ?
a g r e e m e n t came i n p l a c e , t h a t amount i n c r e a s e d t o $ 7 0 0 .
Mr. Gray?
o r n e x t week, o r e a c h month.
c o n t r a c t s t h a n you h a d e a r l i e r ?
A That's correct.
Q S i r , I would l i k e t o a s k you a b o u t a d i f f e r e n t
t h o s e companies?
A Yes, I am.
A W e l l , a s a member o f t h e U n i t e d S t a t e s M a y o r ' s
C o n f e r e n c e I was i n a c o n f e r e n c e i n W a s h i n g t o n when t h e
CM2H H i l l made a p r e s e n t a t i o n a b o u t t h e i r a b i l i t y t o
t o o much a b o u t i t , b u t i t g o t my a t t e n t i o n b e c a u s e w e
n e e d some h e l p i n r e g a r d s t o o u r W a t e r D e p a r t m e n t .
531
So when I came back and I, in one of my
this company.
A Yes, I did.
Hall?
Q When you and Mr. Gray were alone and talking about
company?
532
for them, it would be a great one for himself and for me.
Q Why not?
A It would be crazy for me to bid for it. I mean, it
was coming from Mr. Gray and I know that if the contract
month?
A About 300,000.
document, sir?
A Yes, I do.
A Yes.
please.
a long time.
no, you don't have to look for another job. How much do
you need?
of every month.
question.
THE COURT: Sustained. Why don't you
office.
(Tape played. )
BY MS. PEARSON:
A That's correct.
(Tape played. )
BY MS. PEARSON:
Q Sir --
MR. EMOFF: Pardon me, your Honor.
placed twice.
then.
played.
this point.
this process.
happened.
and --
BY MS. PEARSON:
A Yes.
A He gave me an envelope.
A Yes.
t h a n n e c e s s a r y , b u t you r e c a l l y o u r s e l f s a y i n g t a k e them
t o dinner?
A Yes.
A I ' m r e f e r r i n g t o members of C i t y C o u n c i l .
E a s t Cleveland C i t y Council t o d i n n e r ?
A Well, a t t h a t t i m e , members o f C o u n c i l w e r e h a v i n g
a g a i n as I s p o k e e a r l i e r , t h a t came t h r o u g h M r . Gray t o
w e r e new a t t h e t i m e .
And t h e w a t e r , w h a t w e w e r e d o i n g , t h e W a t e r
D e p a r t m e n t s e n t o u t b i l l s t o t h e community w h i c h was
t h e b i l l s were s o much a n d t h e C o u n c i l l o r s r e c e i v e d s o
many c a l l s .
And o f c o u r s e I t a l k e d t o M r . G r a y t o a t
l e a s t make t h e C o u n c i l l o r s u n d e r s t a n d t h e m a g n i t u d e o f
a l l right.
Q D i d you h e a r r e f e r e n c e t o G r e g P a r k e r ?
A Yes.
Q Who i s M r . Parker?
A G r e g P a r k e r was t h e m a n a g e r who w a s r e s p o n s i b l e f o r
541
the Water Department working for CH2M Hill and OMI.
(Video played. )
BY MS. PEARSON:
A Yes.
is 10/7/02.
(Tape played. )
BY MS. PEARSON:
A Yes.
Q What is it?
A This is my reservation papers and flight
Q Pamela?
A Yes.
A Yes.
A Yes.
Q Where did you get did money for your trip to Vegas
on October 8th?
A Oh, no.
11/04/02.
(Tape played. )
meet.
(Video played. )
Q Did you and Mr. Gray talk after you pocketed the
cash?
A We spoke a few minutes.
(Tape played. )
sorry.
from him.
A Yes.
Q Who is Ross?
A Ross Brankatelli is the city Chief Engineer and
(Tape played. )
is between the two of us, and I did not want anyone else
Q Why not?
A Well, I mean, I'm receiving bribe from him. I'll
A No.
(Tape played. )
A Yes, I did.
A Yes.
Q Did you also hear the words 90 days since they went
south?
A Yes.
contract that will come to him, the more money that will
A Yes.
quietly.
Q Why? Why quietly, sir?
A Well, so that no one will know that we have
So it will seem as if they bid for the job like any other
company.
A Yes.
(Video played. )
federal monies.
housing rehabilitation.
quickly.
A Yes.
A Yes.
Q Sir, Mr. Gray said, "and you know you don't have to
worry about any contributions or anything," what did you
BY MS. PEARSON:
you need money, you need money to run the campaign. And
much headache.
A No.
(Tape played. )
Q Sir, what were you asking Mr. Gray when you said
did Santa Claus bring anything?
A Yes.
A Yes.
BY MS. PEARSON:
nature?
That's good.
BY MS. PEARSON:
(Tape played. )
you.
A Yes.
(Video played. )
up with my cap.
A Yes.
A Yes.
(Video played. )
there.
A Yes.
Javitch law firm that collects our taxes. And since they
557
Mr. Gray, and he tells me that they have skated too long
anyway.
A Yes.
should take the activities from the law firm and have
Q In addition to RITA?
A Yes.
remember that?
A Gloria Lovelace.
Q Who is she?
A She was the Director of Cuyahoga Metropolitan
Housing Authority.
Mr. Gray?
A No.
Q Sir, did you and Mr. Gray meet later that week?
A Yes, again it's our arrangement to call to schedule
1/30/03.
(Video played. )
conversation about?
BY MS. PEARSON:
that?
560
A A g a i n , we d i s c u s s e d t h i s c o l l e c t i o n i s s u e m o s t o f
the t i m e . And a t t h i s t i m e I h a v e a l r e a d y b e g u n t o
p r o c e e d f o r RITA t o h a n d l e t h e c o l l e c t i o n a c t i v i t i e s , a n d
w h e t h e r M r . Gray a n d I w i l l b e a b l e t o g e t a n o t h e r
company a n d move t h e o t h e r r o u t e .
s e e i t , b u t d i d you h e a r a r e f e r e n c e t o G r e g a n d t h e r e
A Yes.
A G r e g P a r k e r i s t h e Manager o f t h e W a t e r D e p a r t m e n t
w o r k i n g f o r CH2M H i l l a n d O M I .
that?
A Yes.
A W e l l , a t t i m e s i n m e e t i n g s p e o p l e come, a n d
c i t i z e n s o r maybe e l e c t e d o f f i c i a l s , a n d t h e y would b e
would p r e f e r t o h a v e a m e e t i n g where w e d i s c u s s t h e
complaints.
(Video played. )
A Yes.
first.
(Tape played. )
A Yes.
(Tape played. )
Q. Sir, why did you really really need to see Mr. Gray
that day?
(Tape played. )
A I was driving.
lot?
A Yes, we did.
Q I want to show you what's been marked as
Government's Exhibit 110.
A Yes, I do.
Q Thank you.
Was that the last payoff you got from
Mr. Gray?
A No.
played.
(Tape played. )
regards.
Q And how long ago had it been that you met with
Mr. Gray in the US Bank parking lot?
A Not long.
A No.
(Tape played. )
Q Who is Howlie?
565
that.
(Video played. )
A Yes.
Q Who was interviewing Mr. Wilson?
A The management o f OM1 a n d CH2M H i l l .
Q S i r , d i d you a l s o make a r e f e r e n c e t o t h e
L i e u t e n a n t Governor?
A Yes.
Q What was t h a t i n r e f e r e n c e t o ?
A T h a t w a s I was w a i t i n g f o r c o n v e r s a t i o n w i t h t h e
L i e u t e n a n t G o v e r n o r from my s t a t e i n r e g a r d s t o my t r i p .
A Yes.
A I d i d n o t make t h a t o n e , n o .
o f f i c e t h a t day?
A Yes.
Q And y o u ' v e t a l k e d a b o u t t h a t h e r e t o d a y o n t h e
s t a n d , h a v e n 1t you?
A Yes, I d i d .
Q And a f t e r b e i n g s t o p p e d , a n d a f t e r t a l k i n g w i t h t h e
FBI a g e n t s i n t h e i r o f f i c e s a n d a g r e e i n g t o c o o p e r a t e ,
A Yes, I d i d .
(Z Would you tell the jury how you were able to make
that happen?
the FBI.
Q What were you looking for when you had your office
checked out?
my office.
Mr. Gray?
A Yes, we the met a number of times.
Avenue.
What I mean a r o u n d t h e C l i n i c , w e m e t i n t h e C l i n i c a r e a
a n d t h e n w e j u s t walked a r o u n d a n d t a l k .
Q And w h a t d i d you t a l k a b o u t , s i r ?
A F i r s t , a t t h e same t i m e I was s t i l l l o o k i n g f o r a
j o b f o r my w i f e . So I s p o k e t o him a b o u t a n e e d t o see
i f h e h a v e a n y c o n n e c t i o n t o a l l o w my j o b -- my w i f e t o
s e c u r e a job.
And t h e n , o f c o u r s e , we t a l k e d a b o u t t h e
i n v e s t i g a t i o n a n d t h e FBI. And o f c o u r s e we a l s o s p o k e
it's a gift.
So w e d i s c u s s e d i n t h o s e t e r m s .
h e d i s c u s s e d t h e money a s a g i f t ?
A W e a r e walking around.
a g i f t a l o n g w i t h M r . Gray?
A B a s i c a l l y , we're s e t t i n g u p t o make s u r e o u r
s t a t e m e n t w i l l b e t h e same i n c a s e h e ' s c a l l e d i n , l i k e I
Q And s o you d i d s t i c k t o t h a t s t o r y f o r a w h i l e ,
570
didn't you?
A Oh yes, I did.
405.
performance?
page, please.
A Yes.
A That's correct.
disclosure?
MR. WHITAKER: I t h a s n o t h i n g t o do w i t h
h i s f i n a n c i a l disclosure f o r m s .
I ' m trying t o e x p l a i n --
MS. PEARSON: I am g o i n g t o ask h i m i f
h e r e w h a t you have i d e n t i f i e d t h e m a s h i s d i s c l o s u r e
f o r m s a n d w h e t h e r o r n o t he r e p o r t e d t h e money t h a t
h e received f r o m M r . G r a y on t h e m .
MR. WHITAKER: My p o i n t i s t h a t t h i s --
THE COURT: Well, i t ' s j u s t a b i t , o n e b i t
of e v i d e n c e t h a t c a n be received.
some o t h e r point. I w o u l d l i k e t o be h e a r d .
J u s t s a y what t h e y a r e .
THE W I T N E S S : T h e y are my ethics
disclosure forms.
BY MS. PEARSON:
A Yes.
history.
question differently?
trial?
BY MS. PEARSON:
A Yes, I did.
involvement.
Mr. Onunwor.
THE COURT: Cross examination on behalf of
Mr. Jones.
we finish today.
CROSS EXAMINATION
BY MR. WHITAKER:
A Yes.
A Yes.
A Yes.
correct?
A Which 13?
reference to.
A That's correct.
A Yes.
correct?
A Yes.
A Yes.
A That's correct.
A Yes.
A Yes.
BY MR. WHITAKER:
10 years, do you?
decide up or down.
true.
mandatory.
mandatory.
another way.
581
judge?
come up.
have to send a --
affect me too?
discretion it is.
on.
(The following proceedings were
BY MR. WHITAKER:
A After my testimony?
Q Right.
A I wasn't aware of that.
THE COURT: Well, does the government have
A Yes.
A Yes.
BY MR. WHITAKER:
you?
said.
Q And how much money did you get from him as a gift
during these periods?
from him.
A Yes.
3 Q Which question?
4 A Your questions, read your question.
9 Honor?
11 lower right.
13 zooms it in.
14 MR. WHITAKER: I'm hitting the zoom but
15 it's not.
22 'A Yes.
23 Q "Mr. Gray was helping you out with money before you
24 were even on the Council?"
25 Your answer was yes?
A Yes.
A Yes.
envelope i n cash?
A Yes.
A My a n s w e r was y e s .
question?
A Well, my a n s w e r t h e n was y e s .
Q And h e c o n t i n u e d t o d o t h a t e v e n a f t e r you h a d b e e n
e l e c t e d t o Council, yes?
A My a n s w e r t h e n was y e s .
that true?
A Yes.
were p e n n i l e s s a n d p o w e r l e s s ?
a f t e r t h e c o n t r a c t w i t h Ralph T y l e r , a n d t h e n a t h o u s a n d
d o l l a r s a f t e r t h e c o n t r a c t w i t h t h e w a t e r company.
Q Okay. So you a r e s a y i n g t h a t t h i s i s n o t t r u e ,
A I s a i d t h a t again a t t h a t t i m e .
Q Right.
$500, $700, a n d $ 1 , 0 0 0 .
q u e s t i o n , a t l i n e 13.
"And h e c o n t i n u e d t o d o t h a t e v e n a f t e r you
A My a n s w e r i s y e s .
y e s two l i n e s a b o v e ?
A That's correct.
Q And you s w o r e u n d e r o a t h t o t e l l t h e t r u t h , t h e
and answered t h o s e q u e s t i o n s ?
A Yes, I d i d ? I t was c o n f u s i n g t o m e .
Q So what you a r e s a y i n g h e r e t o t h i s j u r y t o d a y , is
before you were elected Mayor you never got more than
A That's correct.
with that.
fact.
A Yes.
Yes?
A Yes.
Q I n o t h e r w o r d s , you went t o h i s o f f i c e b u t you --
a n d you would g e t a n e n v e l o p e w i t h c a s h ?
A Yes.
A Yes.
A Right.
t h e n i t s t a r t e d t o i n c r e a s e more r e g u l a r l y a s you a s k e d
him f o r i t .
A Yes.
Q And s o t h e q u e s t i o n , t h e a n s w e r t o y o u r q u e s t i o n i s
money a t a n y g i v e n t i m e m i g h t h a v e b e e n $700?
right?
You g o t that?
592
A Yes.
BY MR. WHITAKER:
unemployed a n d c o u l d n ' t d o a n y t h i n g f o r a n y b o d y .
Am I r i g h t ?
A Yes.
d i s c o u r a g i n g you f r o m r u n n i n g f o r Mayor?
A Yes.
right?
you t h o u g h t t h a t q u e s t i o n was c o n f u s i n g ?
593
A Of course it was.
Q Okay. Now, what you said was that back in 1995 and
1996 when you couldn't do anything for anybody, you
of the days when you went to see Mr. Gray, this exact
A Yes.
A Yes.
compound question.
BY MR. WHITAKER:
A Yes.
question.
BY MR. WHITAKER:
A In his office.
A No.
A Yes.
w i f e w e n t t o s c h o o l w i t h him?
A That's correct.
A Yes.
Q Not o n l y d i d you d i s c u s s p o l i t i c s a n d e v e r y t h i n g
f a m i l y members?
A Yes.
A Yes.
A Oh, y e s .
m i g h t n o t b e a b l e t o c o n t r o l y o u r s e l f a n d you m i g h t h i t
L e t ' s j u s t g e t o u t o f h e r e a n d c a l m down, r i g h t ?
a b o u t my p r o b l e m a t home b u t I n e v e r t a l k e d a b o u t h i t t i n g
my w i f e .
Q T h a t was n o t --
A You b r o u g h t t h a t q u e s t i o n t o m e l a s t t i m e a n d I
a n s w e r e d y e s , b e c a u s e two q u e s t i o n s i n o n e . I never
t a l k e d my w i f e o r t a l k e d t o him a b o u t h i t t i n g my w i f e .
Q So t h a t was o n e o f t h e q u e s t i o n s you g o t c o n f u s e d
on t o o ?
A One o f them.
a n d h e -- a n d you s a i d , p l e a s e j u s t t a k e m e away a n d h e l p
something, r i g h t ?
A Yes, we d i d .
A Yes.
t a k e p l a c e i n 1994, 1995?
place?
Honor.
BY MR. WHITAKER:
was a n o t h e r t i m e you w e r e c o n f u s e d ?
A T h a t was a f t e r 1 9 9 8 .
Q Even t h o u g h t h a t was r i g h t b e f o r e t h e q u e s t i o n , a n d
A Yes.
travel? Is t h a t r i g h t ?
Q I d o n ' t t h i n k anybody s a i d a n y t h i n g a b o u t N i g e r i a .
Q My q u e s t i o n a t t h i s p o i n t i s , t h o u g h , d i d you --
A I d i d n o t g e t money f o r t r a v e l f r o m him b e f o r e I
became Mayor.
correct?
A Yes.
A No, when I t o o k o f f i c e i n 1 9 9 8 .
Q Right?
A A week a f t e r I t o o k o f f i c e I c a l l e d him a n d
598
requested for financial assistance. We met. And he gave
A Yes.
A Yes.
Q All right.
Then it's your testimony that the next thing
A That's correct.
A Yes.
or express any.
We b e l i e v e w e c o u l d h a v e M r . Onunwor b a c k b y 8 : 1 5 .
Would t h a t b e a c c e p t a b l e ?
would l i k e c o u n s e l t o g e t h e r e a s c l o s e t o 8 : 0 0 a s
r a t h e r --
t o make a m o t i o n f o r a m i s t r i a l .
They a s k e d , t h e y e l i c i t e d a comment f r o m
Mayor Onunwor w h i c h i s d i f f e r e n t t h a n h i s l a s t
t r a n s c r i p t a b o u t t o t h e e f f e c t t h a t Nate s a i d t o
leaving me alone.
g e t him o u t o f h e r e .
p r e v i o u s problem he had, t h e t a x c o l l e c t i o n w i t h t h e
601
FBI.
surprised any one caught it. So, and I'm not sure
acquitted of those --
financial forms.
counts.
statements.
objection?
10, 2005.)
C E R T I F I C A T E
I, Richard G. DelMonico, O f f i c i a l C o u r t R e p o r t e r
c e r t i f y t h a t t h e foregoing is a t r u e and c o r r e c t
t r a n s c r i p t of t h e proceedings herein.
&a&-
~ i c h a c dG . D e l M o n i c o
O f f i c i a l Court Reporter
5 6 8 U.S. C o u r t h o u s e
Two S o u t h Main S t r e e t
A k r o n , O h i o 44308
( 3 3 0 ) 375-5666
I N C E X
OPENIEJG STATEMENTS:
On b e h a l f of t h e Government ................... 142
On b e h a l f of Defendant Jones .................. 189
O n b e h a l f of Defendant Gray ................... 203
On b e l l a l f of Defendant Jackson ................ :3il
- - -
u *
TRANSCRIPT OF TRIAL PROCEEDINGS %; $ Y3j
HAD BEFORE THE HONORABLE , 'Ti7 3.
; , 172
,.L
APPEARANCES:
580.
There had been some discussion and
trial.
a t t e n t i o n , and I t h i n k t h e j u r y i s i n t h e s i t u a t i o n
where none o f t h i s t e s t i m o n y d e a l s w i t h h i m i n a n y
draw a n y i n f e r e n c e f r o m t h e f a c t t h a t h e ' s n o t
c u r r e n t l y p r e s e n t i n t h e courtroom.
w i t h you f o r u s n o t t o b e h e r e ?
(The j u r o r s w e r e r e t u r n e d t o t h e
were c o n d u c t e d i n o p e n c o u r t . )
t h e i r s e a t s and w e ' l l c o n t i n u e t h e c r o s s
examination.
I f y o u ' l l t a k e y o u r s e a t M r . Onunwor a n d
you r e m a i n u n d e r o a t h f r o m y e s t e r d a y .
Go ahead, you can proceed.
BY MR. WHITAKER:
thing.
BY MR. WHITAKER:
Hill contract?
A That's correct.
60 8
A Yes.
that during the time frame when you were a Councilman and
b e g a n t o g i v e me $ 5 0 0 e v e r y month.
BY MR. WHITAKER:
A No.
Q And s o t h e r e i s n o q u e s t i o n a b o u t i t , w h a t e v e r
Q I ' m j u s t t a l k i n g about t h a t t i m e .
l o o k e d upon a s a g i f t .
BY MR. WHITAKER:
exchange f o r t h a t g i f t ?
A No.
A The a n s w e r i s n o .
Q Do you r e c a l l t e s t i f y i n g --
MS. PEARSON: Your Honor, objection.
BY MR. WHITAKER:
the page.
A Yes.
even back in 1996 and 1995 you might, and if there were a
exact time and period when the monies was given to me.
the sequence which you placed it, 500, 700, you got me
confused.
through '97 was about $500 maybe about four times. And
Javitch company, was the first one, which then stayed the
612
$500.
Q So you found, when I said even back in 1996 and
1995, you found that confusing? That's what you are
saying here?
A Yes, correct.
BY MR. WHITAKER:
A On demand.
A No.
A Yes.
A Yes.
613
monthly payment?
Q December, 2004?
A May I see the document?
Q When?
A I don't remember the date.
A Yes.
Q After you became aware that Mr. Gray had been hired
by the Javitch law firm, how did that change your -- how
skipping.
MR. WHITAKER: I'll read the whole thing.
a s k e d a q u e s t i o n a n d d i d you g i v e a r e s p o n s e a n d
g i v e t h e q u e s t i o n and t h e response.
BY MR. WHITAKER:
a t t h i s t i m e by M i s s Pearson?
A Okay.
j u s t r e a d o u t l o u d , a r e you a w a r e , was y o u r a n s w e r o u r
r e l a t i o n s h i p c o n t i n u e d t o b e g o o d a n d I was a b l e t o a s k
A Yes.
Q And t h e n I a s k e d you, a n d t h e n M i s s P e a r s o n a s k e d
Mr. Gray?
w o u l d g i v e m e a t i m e t o meet w i t h him?
A Yes.
w o u l d you g e t a f t e r making t h a t a p p o i n t m e n t ?
And d o you r e c a l l y o u r a n s w e r b e i n g 5 t o
$700?
A Yes.
617
A Yes.
Q And now you are saying today you didn't get $700
after you retained the Javitch firm?
to receive $700.
A No.
A Became what?
$8,000.
continued at 700.
A Yes.
A Yes.
A Yes.
620
A Yes.
A That's correct.
heard yesterday?
h i r e d , i n any o f t h e r e c o r d e d c o n v e r s a t i o n s ?
T h a t was i n o u r i n i t i a l d i s c u s s i o n . So t h e r e was no n e e d
f o r u s t o c o n t i n u e t o d i s c u s s any o t h e r f i n a n c i a l
benefits.
W e d i s c u s s e d t h a t i n 1998, a week a f t e r I
Q You s a i d t o him s p e c i f i c a l l y w i t h r e g a r d t o t h e
A Yes.
Q A c c o r d i n g t o t h e t i m e l i n e by t h e government, t h a t
A Yes.
even p r i o r t o t h a t t i m e .
I g o t t o g e t a j o b i f I d o n ' t g e t 700?
A I d o n ' t r e c a l l t h e e x a c t d a t e a n d time, t o b e
precise.
t e l l i n g us?
A Oh, yes.
Q Okay.
And t h a t t o o k p l a c e b e f o r e t h e a g r e e m e n t , i f
t h a t ' s c o r r e c t , on O c t o b e r of 2002, b e f o r e t h e a g r e e m e n t
t o have Ralph T y l e r a s t h e e n g i n e e r o f r e c o r d , c o r r e c t ?
A I d o n ' t r e c a l l e x a c t l y which d a t e .
A T h a t was a f t e r t h e OMI/CH2M H i l l d i s c u s s i o n s a n d
Ralph T y l e r .
Q But y o u r t e s t i m o n y was, t h o u g h , t h a t t h e R a l p h
A Yes.
(1 Okay.
p r e v i o u s t i m e u n d e r o a t h , on p a g e 3 2 a n d 3 3 of t h e
d i r e c t , a n d b e i n g a s k e d by Miss P e a r s o n t h e f o l l o w i n g
here now, sir, do you recall that the next job that you
hired, was that you hired the Ralph Tyler Company for?"
engineer." Right?
A Yes.
A Yes.
A Yes.
A Yes.
A Yes.
did that impact your relationship with Mr. Gray and your
A Yes.
Q Okay. And then you said, "and did you have to ask
for that specific amount when you made the request?"
A Yes.
Q Right.
A Yes.
626
Mr. Gray?
$700?
A The money was $700 from the first professional
contract.
A Yes.
Q Okay.
But you recall the thing that we were just
talking about with the City Council voting, that was
October, 2002?
A Yes.
correct?
don't get some more money you have to get a second job,
A That's correct.
increase?
A Yes.
A Yes.
629
A Yes.
you recall her saying, the first is, were you serious
bills?
dollar bills.
Q Now you are saying that after Ralph Tyler was hired
as the consulting engineer of record, you asked him for
it?
continue.
the city?
A Not to my knowledge.
Q All right.
Now, and then one other time you went and
you wanted Mr. Gray to help your employee with the tax
A Yes.
envelope?
A $700.
A No.
Q Okay.
And a g a i n y o u r r e c a l l t e s t i f y i n g e a r l i e r
under oath?
Q R i g h t , you r e c a l l t h a t ?
A What l i n e , p l e a s e ?
w e r e a s k e d b y t h e F B I t o see w h a t was i n t h a t e n v e l o p e
a n d you s a i d y e s ?
A Yes.
p a y m e n t e a r l y b e c a u s e you w e r e g o i n g t o N i g e r i a , i s n ' t
that correct?
A And I a n s w e r e d y e s .
Q And y o u r a n s w e r was y e s ?
A Yes.
yes?
A Yes.
already?
correct?
A Yes.
Q And all you said in your campaign was that you were
going to review the contract with Javitch Block, isn't
that correct?
A Yes.
administrator?
A Yes.
A Yes.
Q And she told you they do a great job and she thinks
they should be kept on?
A Yes.
A Yes.
A Yes.
A Yes.
A Yes.
citizen complaints?
637
A Yes.
A That's correct.
approach?
A I did not.
Mrs. Lovelace, that any law firm would charge the same
A That's correct.
firm did a great job and she recommended they be kept on,
and they agreed to take care of the two things you were
cross. At line 6.
just said.
A Yes.
A Yes.
A It could be.
record, did the help that Mr. Gray was giving you change
A No.
Q Not a bit?
A No.
changed.
A That's correct.
going south, that was the fact that Javitch Block had
A Yes.
A Yes.
A Yes.
A Yes.
(2 Now Mr. Gray, one of the things about Mr. Gray that
you liked is that you thought he was an intelligent man
A Yes.
A Yes.
Q And that you could get advice from him that would
help you do a better job as a mayor?
A Yes.
the time?
A Yes.
A Yes.
A That's correct.
Cleveland?
A That's correct.
relationship in which --
BY MR. WHITAKER:
and housing and CMHA and all of that, there was not a
A Not i n t h o s e t a p e s .
a s k e d you i f h e c o u l d g e t t h e l a n d b a n k l i s t ?
A Yes.
A Yes.
Q You u n d e r s t a n d t h a t a n y b o d y c o u l d g e t i t b y j u s t
g o i n g on l i n e ?
A Yes.
Q And i f a n y f r i e n d o f y o u r s a s k e d you f o r t h a t
w o u l d n ' t you?
A That i s c o r r e c t .
later?
A That's correct.
B r a n k a t e l l i was h i r e d b e c a u s e t h e c i t y n e e d e d a n e n g i n e e r
on t h e p a y r o l l , right?
A Yes.
Q And nobody w a n t e d t h a t j o b ?
A Yes.
Q Am I c o r r e c t ?
A That's correct.
g e t somebody t o do t h i s job?
A I did.
somebody t o do t h i s job?
A I did.
A No.
Q Now, i n terms of t h e e n g i n e e r of r e c o r d i s s u e ,
A Yes.
Q Are t h o s e t h e i s s u e s ?
A P a r t of them.
Q One of the reasons was that you didn't like the job
Benza was doing and you wanted somebody who would help
the city?
A I was the one running the city, not you, and I'm
Benza wasn't doing the job and you wanted somebody who
would?
A It was.
647
Q It what?
A It has nothing to do with state funding.
office.
A No.
Q Whatsoever?
A No.
Q Now, one of the other things Mr. Gray did for you
648
problem with your wife and she grabbed you by the tie,
relevant.
on.
BY MR. WHITAKER:
calm down?
it's relevant.
BY MR. WHITAKER:
A Yes.
didn't you?
A Yes.
A Yes.
A Yes.
650
Q And t h e y h a v e h o s p i t a l i t y s u i t e s a n d t h e y t a k e
mayors o u t t o d i n n e r s and a l l t h o s e k i n d s o f t h i n g s ?
A Yes.
Q I n o r d e r t o t r y t o p r e s e n t t h e i r p r o d u c t a n d show
what t h e y have?
A Yes.
l e a r n e d a b o u t CH2M H i l l ?
A Yes.
t h e W a t e r D e p a r t m e n t n e e d s , w e c a n make, we c a n d o
s o m e t h i n g good f o r t h e C i t y o f E a s t C l e v e l a n d , d i d n ' t
you?
A Yes.
I f o u n d t h i s company t h a t I t h i n k i s g o i n g t o b e g r e a t
f o r t h e C i t y o f E a s t C l e v e l a n d a n d what d o you t h i n k ?
A Yes.
Q Okay.
A Yes.
Q And h e d i d , h e s e t u p a m e e t i n g w h e r e p e o p l e came
t h e y c a n do?
A Yes.
A Yes.
A Yes.
Q And the reason for that was so that CH2M Hill could
tell what they were doing for the city?
A Yes.
A Yes.
Q And you w a n t e d t o d o t h a t s o C i t y C o u n c i l c o u l d
h a v e a l l t h e f a c t s when t h e y made t h e d e c i s i o n a b o u t t h e
correct?
A Yes.
way?
A Yes.
t o do on a n y k i n d o f a c o n t r a c t , w h e t h e r i t was M r . Gray
o r anybody e l s e ?
A Yes.
Q Now, y e s t e r d a y you t a l k e d a b o u t -- i f I c a n f i n d i t
h e r e -- t h e f o l l o w u p l e t t e r . Here i t i s .
s e c o n d , y o u r Honor, a n d I ' m a l m o s t d o n e h e r e .
(2 Now, o n e o f t h e t h i n g s t h a t CH2M H i l l s a i d t h e y
c o u l d d o f o r t h e C i t y o f C l e v e l a n d was t h e y t h o u g h t t h e y
correct?
A The C i t y o f E a s t C l e v e l a n d .
Q C i t y o f E a s t C l e v e l a n d , you a r e r i g h t , e x c u s e me
sir?
A T h a t ' s okay, y e s .
could do t h a t ?
A Yes.
t h a t CH2M H i l l i s a m a j o r c o r p o r a t i o n d o i n g b u s i n e s s e s
A Yes.
a n d r e d u c e t h e e x p e n s e s t h a t t h e c i t y h a d w i t h t h e Water
D e p a r t m e n t a t t h e t i m e you t a l k e d a b o u t e n t e r i n g i n t o t h e
contract?
A Yes.
e f f o r t t o t h e C i t y o f E a s t C l e v e l a n d , t h i s would b e a
good t h i n g t o d o ?
A Yes.
A Yes, I d i d .
Q And as a m a t t e r o f f a c t , you t o l d t h e r e p o r t e r f r o m
t h e P l a i n D e a l e r j u s t g o t a l k t o them?
A Yes.
654
forward?
A Yes.
A Yes.
wearing a wire?
A Yes.
in their fees?
A Yes.
A Oh, yes.
2003, right?
A Yes.
arrangement.
water meters?
A One of them.
Q And another one was in the data that they had been
given by the City of East Cleveland, some vacant lots
A Yes.
A Yes.
Q You never put your hat over the money or hid the
money in any way in all of the meetings up until that
A Yes.
I'm being punished right now. I've been in jail for over
sentence?
A That have no bearing.
your Honor.
No f u r t h e r q u e s t i o n s , y o u r Honor.
THE COURT: Is t h e r e a n y r e d i r e c t ?
REDIRECT EXAMINATION
BY MS. PEARSON:
Q Good m o r n i n g , s i r .
A Good m o r n i n g .
t h e R a l p h T y l e r Company a n d c o n t r a c t s t h a t you e n t e r e d
of E a s t Cleveland, weren't t h e r e ?
A Yes.
Government's E x h i b i t 526.
please.
BY MS. PEARSON:
Q Do you r e c o g n i z e t h i s s i r ?
e n t e r e d i n 2000.
Q Where d i d t h i s f a l l ? Was t h i s t h e f i r s t a g r e e m e n t
you e n t e r e d i n t o w i t h R a l p h T y l e r ?
659
A Yes.
Company?
decision of Council.
Q Now, would you please tell the jury what role you
played regarding whether or not Council, City Council
Company?
A Well, I'm not sure. I stayed with Council during
A Not always.
A Yes.
Q Would you please tell the jury why you met with
representatives of CH2M Hill at Nate Gray's office
initially?
661
the city.
us; once this company comes in that more money will come
to him and more money that will come to me.
secret.
Hill?
competitive bid.
Q Why not?
A Well, I don't see that beneficial to me
pursue that.
questions?
A Yes, I do.
that in context?
A Okay.
664
C l e v e l a n d i n 1 9 9 8 , h e met w i t h G r a y . "
BY MS. PEARSON:
Q S i r , d i d you r e v i e w t h i s FBI r e p o r t ?
A No.
A No.
b e i n g p a i d b y M r . Gray?
A Yes.
Q S p e c i f i c a l l y a f t e r b e i n g e l e c t e d t o Mayor t o t h e
p o s i t i o n o f Mayor?
A Yes.
e x c h a n g e f o r t h e e n v e l o p e s f u l l o f c a s h t h a t you were
r e c e i v i n g from M r . Gray?
A Yes.
C h e r y l N e a l Reed?
A Yes.
taxes?
665
Hall.
been.
A Yes.
Honor.
BY MS. PEARSON:
A Yeah, well.
A Yes.
Q You may a n s w e r .
A Yes, o u r r e l a t i o n s h i p a t t h e b e g i n n i n g b e t w e e n 1994
t o 1997 was f r i e n d l y r e l a t i o n s h i p , a n d I d i d r e c e i v e
f i n a n c i a l h e l p f r o m h i m n o t more t h a n f o u r t i m e s . But
b u s i n e s s r e l a t i o n s h i p , where h e t o l d me i n o r d e r f o r him
t o g i v e m e money t o a s s i s t m e , h e n e e d more c o n t r a c t . He
n e e d c o n t r a c t s t o come t o him.
b r i b e s t h a t I w e r e r e c e i v i n g w h i c h i n f l u e n c e d my d e c i s i o n
t o make s u r e t h a t t h o s e c o n t r a c t s g o e s t h r o u g h h i m .
MS. PEARSON: No f u r t h e r q u e s t i o n s , y o u r
Honor.
on t h o s e , y o u r Honor. A q u e s t i o n a b o u t one s u b j e c t .
- - -
RECROSS EXAMINATION
BY MR. WHITAKER:
Q You were a s k e d a b o u t y o u r p r o f e s s i o n a l s e r v i c e s
a g r e e m e n t w i t h R a l p h T y l e r a n d why you e n t e r e d i n t o t h a t ,
d o you r e c a l l ?
A Yes.
r e l a t i o n s h i p w i t h M r . Gray a t a l l , d i d you?
A No.
A I don't recall.
Exhibit 524?
A Yes.
A Yes.
A That's correct.
BY MR. WHITAKER:
A In August?
Q Of 2003?
A My relationship with Mr. Gray continued even after
correct?
A That's correct.
(Brief recess)
THE COURT: Would the? United States call
Carmello LoParo.
CARMELLO LoPARO
as follows:
DIRECT EXAMINATION
BY MR. DETTELBACH:
you do?
Q Do you do that?
A Yes, I do, sir.
it that day.
BY MR. DETTELBACH:
Cleveland.
yes, we asked which rooms are the ones you would like us
Q And when you say his office, you mean is there one
particular room, you say his office?
office.
more.
A The FBI.
examination?
BY MS. WHITAKER:
A William Byer.
2 A No.
4 questions.
6 y o u have a n y q u e s t i o n s M r . J e n k i n s ?
10 Would you c a l l y o u r n e x t w i t n e s s .
12 calls M i c h a e l Day.
14 R a i s e your r i g h t hand.
15 - - -
16 MICHAEL DAY
17 c a l l e d as a w i t n e s s b y and o n behalf of t h e
18 G o v e r n m e n t w a s f i r s t d u l y s w o r n and t e s t i f i e d
19 as f o l l o w s :
21 s t a t e your n a m e a n d s p e l l your l a s t n a m e .
22 THE WITNESS: My n a m e i s M i c h a e l D a y ,
23 D-A-Y.
24 D I R E C T EXAMINATION
25 BY MR. DETTELBACH:
Q Sir, could you please tell us where you are
employed?
Q I'm sorry?
A Certified Professional Government Auditor.
A Yes, I did.
Kentucky.
experience?
State?
Auditors Office.
audit .
say?
work process, our work plan. And from there we start our
A No.
scope covers.
dialogue that occurs during the time that you are coming
Q Yes.
A -- or with the client? Yes. All through the
audit.
in the audit?
A NO, we don't.
A Yes, I did.
A Yes.
Q Of 2002?
A Two, yes.
Q I'm sorry?
A Yes, it was started in 2001 and finally released in
2002.
compare?
the peers for the city, and so that took a little longer.
A Yes, I can.
Q What is this?
A This is the performance audit for the City of East
Cleveland.
released?
process was?
Q Now, can you tell us from your audit, what was the
emergency status, and had been that way since about '89
or '88, for a long time.
A As far as?
A No, I am not.
of East Cleveland?
in performance audits?
A That's true, yes.
Q Did you meet with people i n t h e c i t y ?
A Yes, we d i d .
A Yes, we d i d .
E a s t Cleveland?
A Yes, we d i d .
A Yes.
Q What's a s t a k e h o l d e r i n a c i t y ?
center.
A Yes, I d i d .
A He was t h e Mayor.
your performance a u d i t ?
A No.
t h e C i t y of E a s t Cleveland?
A No.
688
A No.
A No.
Department?
A Yes, we did.
subject?
A Yes, it does.
A Yes.
A Yes, it does.
All right.
standards.
contract.
A Um-hum.
situation.
A Yes.
Hill?
Q Sure.
What was your view of whether the city was
going to be financially benefited from this deal that had
Hill had made and what you thought was a more realistic
projection?
A Yes, we did.
insignificant amount?
A Yes.
table 3-11.
Q Could you please tell us, using this chart, how you
came to the number of approximately 5.5 million over four
the reality?
A Well, we took the numbers from a spreadsheet
the two. And our net impact to the city is that final
BY MR. DETTELBACH:
Q Okay.
A Well, down a little bit.
Q Where is that?
A That's in the middle of the table, the 3,900,000.
Q And why was it that you projected that the city was
going to have to pay out 3,900,000 just like CH2M Hill
had said?
already signed?
project with the city during the time that the contract
was signed.
Cleveland?
A Yes, we did.
of East Cleveland?
A Yes, we did.
of East Cleveland?
Please go ahead?
charge.
A Yes, we did.
A Yes.
recommendation.
taxes?
deficit situation.
report?
Mr. Whitaker?
Ms. Whitaker.
CROSS EXAMINATION
BY MS. WHITAKER:
East Cleveland?
first one we did, and another one just right at the end
city.
Commission.
Q Do you know?
A I didn't until I did the audit that they were a law
recommendations.
Q And are you aware that that's a standard firm
charge for most municipalities, 33 percent?
yes.
A Yes.
doing, correct?
A No.
things that RITA would have done under the same amount of
it?
be less expensive?
A Yes.
site.
A Yes.
that right?
that right?
A Of course.
correct?
A Yes.
A Yes.
that?
A I'm not.
to approve it.
mischaracterization.
BY MR. WHITAKER:
financial plan?
A No.
Q Okay.
knowledge.
A Yes.
in fiscal emergency?
commission's okay.
Committee?
A Yes.
questions.
REDIRECT EXAMINATION
BY MR. DETTELBACH:
710
By an outside source.
Not to my knowledge.
Jeff Donovan.
hand.
- - -
JEFF DONOVAN
name.
Donovan, D-0-N-0-V-A-N.
DIRECT EXAMINATION
BY MR. DETTELBACH:
A Streetsboro, Ohio.
Q And kids?
A Yes, three kids.
Manager where?
is in Cleveland.
company.
Tech Advantage.
to them?
A After the bills get sent out they are processed and
mailed.
number on something?
A Yes, I do.
A Correct.
out?
A That's correct.
715
A Yes, I am.
0016?
A Zero zero was the year 2000. And 16 was the 16th
accounting system.
Consulting.
project.
A Correct.
Q Who was your contact there?
A Brian Casey.
Q So he's in Cleveland?
A Correct.
A Yes.
is associated with?
A No.
Q I'm sorry?
A No.
to CH2M Hill.
Q Hopefully?
A Yes.
account?
A That's correct.
to ETNA?
A A hundred percent.
720
A No.
better.
that.
Thank you.
looking at?
(Witness indicates.)
2000 and the amount was $3,000. And down below it shows
A That's correct.
okay.
A Three thousand.
A Three thousand.
Q All right.
MR. DETTELBACH: You could take the
A We wouldn't pay.
Q Did you ever get inquiries about Mr. Gray, Mr. Gray
hadn't been paid?
account?
A Yes, I did.
Q By whom?
A CH2M Hill wasn't getting paid by East Cleveland.
A Correct.
correct?
A Correct.
books?
A Correct.
period?
A Yes, we did.
Cleveland?
correct.
recreational center?
A No.
BY MR. DETTELBACH:
of the amounts?
Q And then?
A CH2M Hill paid Ralph Tyler the 10,000, and I would
A Yes.
get collected.
Q From?
A City of East Cleveland.
to ETNA?
BY MR. DETTELBACH:
Q I'm sorry?
A No.
A No.
Q And how many years have you been with Ralph Tyler
Companies?
A 13 years.
CROSS EXAMINATION
BY MR. WHITAKER:
A Okay.
A Okay.
A That is correct.
it?
A Yes, it is.
A Yes, we have.
A Yes, we have.
Cleveland project?
question.
be hearsay.
BY MR. WHITAKER :
Q You knew that Mr. Gray was the one that was
invoicing you for this, contract?
A Yes, I did.
(Z And you knew it was his company that was ETNA &
Associates?
A Yes, I did.
Q And that's a well known fact?
A Correct.
Q And you also knew that CH2M Hill knew that Mr. Gray
was getting paid on with regard to these invoices?
A I assumed.
payments?
A Correct.
BY MR. WHITAKER:
I think.
MR. DETTELBACH: That's not a Government's
Exhibit.
BY MR. WHITAKER:
Companies --
A Letterhead.
Associates, right?
A Correct.
A Correct.
A Of course.
right?
A Of course.
until you get that payment from that other company, isn't
that correct?
A Correct.
agreement -- and I'll show you the last page, you see the
A Yes, I do.
A That is correct.
A Of August, 2003.
questions.
REDIRECT EXAMINATION
BY MR. DETTELBACH:
sometimes.
that?
January, 2001.
A Correct.
Associates.
Tyler Companies.
A That's correct.
A That's correct.
A No.
will testify?
answer.
back?
after that.
here quickly.
express any.
the record.
Honor.
prejudicial value.
1 in that regard.
calling?
half.
Joe Jones.
time?
further a conspiracy.
24.
that otherwise.
I understand.
THE COURT: I don't understand, really,
as part of a plan to --
Honor --
officials.
enterprise.
affiliation.
back.
Mr. Gray said treat -- and it's not even just about
generous person.
straight prostitute.
says.
$5,000.
out --
your Honor.
crimes.
But I'm not going to let you spend much time. You
focus on that.
specifically.
through.
look at it.
1081, 1082.
it.
seat.
witness.
d e f e n d a n t J o n e s i s no l o n g e r p a r t o f t h e c a s e . So
h e ' s no l o n g e r p a r t of t h i s c a s e . Okay.
So w e ' l l c o n t i n u e w i t h t h e e x a m i n a t i o n .
DIRECT EXAMINATION
BY MR. DETTELBACH:
p a r t of t h e e x h i b i t s i n t h i s case, any m a t t e r s r e l a t i n g
t o t h e C i t y o f C l e v e l a n d , Ohio?
A Yes, I d i d .
Q And f r o m where w e r e t h e s e i n t e r c e p t i o n s o b t a i n e d ,
what p h o n e ?
A T h e s e a r e t h e phone f a c i l i t i e s s u b s c r i b e d t o b y
Nate Gray.
Q And j u s t f o r b a c k g r o u n d , t h e r e i s a r e f e r e n c e i n
t h e r e t o somebody named R i c a r d o , i s t h a t c o r r e c t ?
A Yes.
Q Who i s h e ?
A R i c a r d o r e f e r e n c e i s t o R i c a r d o Teamor, who i s a
owner o f a c o n s t r u c t i o n company.
2 available.
5 t o b e 1072 on 1 / 2 3 / 0 2 .
10 MR. WHITAKER: On t h e g r o u n d s i t h a s t o d o
12 J o e J o n e s i s n o l o n g e r a p a r t of t h e c a s e .
14 approach again.
15 (The f o l l o w i n g p r o c e e d i n g s w e r e
16 conducted a t t h e s i d e b a r , o u t of t h e
19 Again, w e a r e i n a s i t u a t i o n where t h e c o n s p i r a c y i s
21 one of t h e a l l e g e d c o - c o n s p i r a t o r s . So t h e s e a r e
22 c o n v e r s a t i o n s b e t w e e n them t h a t g o t o a n o n g o i n g --
23 I ' m sorry.
asked him about the $5,000 quid pro quo. When the
guilty of.
understand.
case.
line.
it in front of jury.
there.
I ask actually.
prostitute?
it.
or 1088.
BY MR. DETTELBACH:
day?
A I am.
Jones.
BY MR. DETTELBACH:
A It is.
Exhibit 1078.
(Tape played) .
762
A I did.
Q Who i s t h a t i n r e f e r e n c e t o ?
A F r a n k i s F r a n k J a c k s o n a n o t h e r member o f t h e C i t y
of Cleveland Council.
Q C i t y Council?
A Yes.
Q You a l s o h e a r d a r e f e r e n c e t o CMHA?
A Yes.
Q What i s t h a t r e f e r e n c e t o ?
p u b l i c h o u s i n g body f o r Cuyahoga C o u n t y .
CMHA?
A R i c a r d o Teamor.
A He was t h e a t t o r n e y t h a t r e p r e s e n t e d t h e B o a r d o f
D i r e c t o r s f o r t h e CMHA.
v i s u a l i n t e r c e p t i o n t h a t you h a d v i e w e d t h a t o c c u r r e d i n
M r . Gray's office?
A Yes.
763
A Yes, a check.
to strike.
BY MR. DETTELBACH:
Teamor.
(Tape played. )
BY MR. DETTELBACH:
BY MR. DETTELBACH:
years?
BY MR. DETTELBACH:
Massie's testimony.
any?
CROSS EXAMINATION
BY MR. WHITAKER:
page 4.
A All right.
I'm going to asked you about some terms you used in the
A Yes.
Q And minimization?
A Yes.
right?
the transcript.
minimized, right?
A That's correct.
A That's correct.
Q Yes.
Now, you also heard that tape, which is 1088?
A Yes.
A Yes.
am I right?
correct?
Q And I wonder if we --
which.
do anything.
ruling on my objection.
bench.
(Tape played. )
(Tape played. )
BY MR. WHITAKER:
BY MR. DETTELBACH:
agree to do it.
hearsay.
it.
BY MR. WHITAKER:
A Yes.
right?
BY MR. WHITAKER:
yes.
personal side.
BY MR. WHITAKER:
you if you need to be, said, you know, they can work it
out?
out?
A I don1t know.
couple.
CROSS EXAMINATION
BY MR. JENKINS:
A Yes.
772
A Yes.
A That's correct.
REDIRECT EXAMINATION
BY MR. DETTELBACH:
A Yes.
Q One minute?
A Approximately a minute.
trouble at CMHA?
Q How long?
A Approximately a minute.
A Yes, I do.
A Yes.
A Yes.
witness.
indulgence.
- - -
DIRECT EXAMINATION
BY MR. DETTELBACH:
A I have.
Q All right.
BY MR. DETTELBACH:
Cleveland time line with the documents above the line and
handles the water and sewage for the city and surrounding
communities.
A Julius Ciaccia?
Q Just for the record, how is that name spelled and
how do people refer to him?
simply as Chatch.
A Michael White.
period?
A Yes.
A Yes.
Q What is that?
A It's a nationwide engineering firm that specializes
urban communities.
Cleveland, Ohio.
systems.
any of them?
A Yes.
that date?
them all.
consulting agreement.
Q All right.
MR. DETTELBACH: And 704.
year 2001.
A That's correct.
A Yes, I have.
Q All right.
MR. DETTELBACH: Could you please display
Exhibit 714A.
Q 714A perhaps?
A That's correct.
A Yes, I did.
A This is correct.
Q Okay.
Special Agent Massie, the chart itself is
represent?
down by invoice date, which you can see at the far left.
Then you have the amount of the payment per the invoice.
Q All right.
A The middle column or the gray shaded area is the
difference.
A Yes.
forward.
you will see that the payment, the extra payment $425 per
A That's correct.
t o t h i n g s l i k e odd amount.
question.
BY MR. DETTELBACH:
You h a v e t o s l i d e i t o v e r .
A Through t h e e n d o f 1 9 9 9 .
Q And e v e n a f t e r 1 9 9 9 , d i d you d i s c o v e r a n y p a y m e n t s
a b o v e t h e r e g u l a r c o n t r a c t amount?
A Yes, t h e r e w e r e a number o f d i f f e r e n t p a y m e n t s t h a t
Q Now, w i t h r e s p e c t t o t h o s e p a y m e n t s , b o t h t h e 425
c o n t r a c t a m o u n t s , h a v e you l o o k e d t h r o u g h t h e
d o c u m e n t a t i o n t o a s c e r t a i n w h e t h e r t h e r e were s p e c i f i c
expenses: Lunches, d i n n e r s , h o t e l s .
o b j e c t h e ' s commenting on e v i d e n c e n o t d o c u m e n t s h e
received?
A Yes, I have.
Q All right.
MR. DETTELBACH: Please display Exhibit
715.
BY MR. DETTELBACH:
Q Who is she?
A She's the daughter of the Water Commissioner Julius
Ciaccia.
Q And what time frame did she begin her schooling and
when did she end?
questioning.
BY MR. DETTELBACH:
time line.
master plan.
Q All right.
MR. DETTELBACH: And please display
Exhibit 716.
Q What is 716?
A This is the actual agreement between CDM and the
2001.
Q All right.
MR. DETTELBACH: If we could then display
Exhibit 718.
Q All right?
MR. DETTELBACH: All right. And if you
A I do.
what E x h i b i t 7 1 9 i s ?
A E x h i b i t 7 1 9 i s k i n d o f a s e l e c t i o n b o o k l e t from t h e
i t e m s on t h e t i m e l i n e r e f l e c t t h e p r o p o s a l r a n k i n g s , CDM
p r o p o s a l r a n k i n g o f 6 5 . 8 on May 3 1 s t . And t h e c i t y d i d a
s e c o n d p r o p o s a l r a n k i n g which t h e y a r e g r a d e d b y r a t e o f
8 2 . 1 j u s t 1 5 d a y s l a t e r on J u n e 1 5 , 2 0 0 1 .
f i r s t b r i n g u p t h e May 3 1 s t p r o p o s a l r a n k i n g .
would l i k e t o a p p r o a c h on t h i s .
restroom?
w e ' l l t a k e a b o u t 12 m i n u t e s o r 1 3 m i n u t e s . Same
y o u r s e l v e s o r anyone else.
(The j u r y w i t h d r e w f r o m t h e c o u r t r o o m
conducted i n a t t h e s i d e b a r . )
Mr. Dettelbach.
7 92
Mayor. And that he's the one that sent the work
man.
(Brief recess. )
screen?
contract.
A Yes.
A Yes, I do.
you see that one? It sort of didn't come out that well
A I do.
equal to 100.
score equal to 5.
five to minus 5.
particular document?
A 64.8.
on this document?
A It was 5.
A Minus 4.
column, t h e f o u r t h column.
t o t a l s a r e i n t h a t p a r t i c u l a r column?
A Yes. The t o t a l a d j u s t e d s c o r e i s 6 5 . 8 .
P i r n i e , t h e o t h e r f i r m r i g h t below i t ?
A 76.5.
Q A l l right.
down.
your t i m e l i n e . The d a t e o f t h e s e c o n d p r o p o s a l
r a t i n g , J u n e 1 5 t h , 2001.
Please display t h a t .
A l l right.
show u s where t h e d a t e i s l i s t e d ?
A Yes. R i g h t u n d e r n e a t h t h e h e a d i n g it s a y s June
1 5 t h , 2001.
W a s h i n g t o n Group.
Can you r e a d f o o t n o t e o n e a n d e x p l a i n t o u s
what happened to the Washington Group?
document?
A 64.8.
adjustment score?
A Yes, I did.
cc to Shahid Sadwar.
A Thousand of e-mails.
A Probably 10 to 15.
A No, it is not.
discussion.
A Yes.
Q Who is he?
A He's an engineer in the Cleveland Division of
Water.
A Yes.
evaluation summary.
Q All right.
MR. DETTELBACH: And if you could go out
is labeled?
project overview.
A General.
801
document?
Q Yes.
MR. DETTELBACH: If you could blow it up,
I'm sorry.
(r What is MPI?
A That's Malcolm Pirnie.
next page.
CDM?
A Yes, under 9.
were on even par with the other proposers. CDM did not
741?
A Yes, I do.
A Which one?
A Yes, t h e r e w e r e e - m a i l s t u r n e d o v e r f r o m h i s a c t u a l
computer, h i s desktop.
Q They were f r o m h i s c o m p u t e r ?
A Yes.
Q Now, i n y o u r s e a r c h o f t h e ETNA o f f i c e s o f M r . N a t e
Gray, d i d you r e c o v e r a n y d o c u m e n t s t h a t c o n t a i n e d
references t o J u l i u s Ciaccia?
A Yes.
you t o l o o k a t E x h i b i t 713.
it s i d e by s i d e ?
come from?
A T h i s was s e i z e d d u r i n g t h e s e a r c h w a r r a n t e x e c u t e d
t i c k e t r e g i s t e r f o r t h e 2001, 2002 C l e v e l a n d I n d i a n s
baseball season.
next t o h i s desk.
805
A I do.
approach.
testify to that.
MR. DETTELBACH:
scroll down, first on this left hand side and then I'll
why don't you say the dates as you see references that
9/24, 9/30.
A No, it didn't.
Gilbert Jackson.
(Tape played. )
relevance.
BY MR. DETTELBACH:
Indians.
your Honor.
relevance.
BY MR. DETTELBACH:
A 82.
Jackson.
Buckeyes?
Q Sorry.
Now, with respect to the time line, going
of time line?
Plant.
(2 And what time frame was that contract being bid for
and competed for?
A Yes, I have.
exhibit.
Q All right.
A This is a photo copy of an e-mail.
BY MR. DETTELBACH:
e-mail?
A Yes, I do.
BY MR. DETTELBACH:
A Yes, I do.
e-mail.
Nottingham?
down.
1."
left corner?
Q All right.
MR. DETTELBACH: Please play Exhibit 1097.
(Tape played. )
815
A Yes.
Q Did h e i n f a c t t r a v e l t o C l e v e l a n d ?
A He did.
Q Was t h e r e a phone c a l l n e x t o n y o u r t i m e l i n e t h a t
happened d u r i n g t h a t p e r i o d ?
A Yes, t h e r e i s .
A I t r e f e r s t o E x h i b i t 1102, c o n v e r s a t i o n b e t w e e n
N a t e G r a y a n d G i l b e r t J a c k s o n w h i c h o c c u r r e d on
August 2 9 t h , 2002.
Q So a b o u t s i x d a y s a f t e r t h e l a s t o n e ?
(Tape p l a y e d . )
A Nate Gray.
t h i s $25,OOO?
MR. JENKINS : J u d g e , o bj e c t i o n .
BY MR. DETTELBACH:
Q Well i s t h e r e a n o t h e r e x c e r p t t o t h i s c a l l t h a t h a s
a reference t o that?
816
A Yes.
City issues the request for proposal or RFP for the waste
please.
the city.
Q All right. And can you, what's the first word, can
you read it, what it says?
All right.
817
Q And w i t h r e s p e c t t o p a g e 2, i s t h e r e a n amount
l i s t e d f o r t h e contract here?
t h r e e m i l l i o n , i t ' s $2,998,879.
page 5 of t h a t e x h i b i t .
And s p e c i f i c a l l y , t h e f i r s t two
(1 And j u s t f o r t i m i n g p u r p o s e s e x p l a i n t o u s what
t h e s e p a r a g r a p h s s a y a b o u t t h e t i m i n g f o r when p r o p o s a l s
a r e g o i n g on a n d c o n s i d e r a t i o n i s g o i n g o n ?
were r e c e i v e d i n O c t o b e r 2 5 t h , 2 0 0 2 .
that is?
A The o n e f r o m A u g u s t 3 0 t h was t h e e n t r y I j u s t
r i g h t , a n o t h e r r e f e r e n c e t o E x h i b i t 11, 1 0 / 2 5 / 0 2 i s when
CDM s u b m i t t e d t h e i r N o t t i n g h a m p r o p o s a l .
Q F o c u s i n g you on t h a t 8 / 3 0 / 0 2 d a t e , were t h e r e a n y
c a l l s i n t e r c e p t e d on t h e same d a y a s t h e RFP d a y ?
A Yes, t h e r e were.
Q C o u l d you p l e a s e t e l l u s w h a t e x h i b i t i s r e f e r r e d
t o on y o u r t i m e l i n e ?
A There i s a r e f e r e n c e t o 1104, a c o n v e r s a t i o n
818
b e t w e e n N a t e G r a y and G i l b e r t J a c k s o n .
Exhibit 1104.
(Tape played.)
t h a t man?"
A Yes, I did.
Q A n d w h o i s t h a t i n reference t o ?
a g a i n he's t e s t i f y i n g .
BY MR. DETTELBACH:
Q D i d y o u hear t h e n a m e D i a n e ?
BY MR. DETTELBACH:
Q D i d y o u recover a n y c h e c k s f r o m N a t e G r a y t o
A Yes, I did.
E x h i b i t 712.
A n d i f y o u c o u l d b l o w i t up s o t h e a c c o u n t
number i s n o t v i s i b l e .
A Diane Pinson.
Q Where d o e s s h e work?
A She works f o r t h e C i t y o f C l e v e l a n d W a t e r
Department.
Q Have you e v e r c o n d u c t e d s u r v e i l l a n c e i n t h i s c a s e
where D i a n e P i n s o n was t h e r e ?
A Yes, I have.
A I o b s e r v e d Diane P i n s o n w i t h J u l i u s C i a c c i a ,
t h e Metropolitan Cafe.
Q What i s t h e d a t e o f t h i s c h e c k ?
A March 2 1 s t , 2002.
A 1,078.
t h e c h e c k down.
Q Now, i s t h e r e a n o t h e r c o n v e r s a t i o n on y o u r t i m e
l i n e w h e r e G i l b e r t J a c k s o n d i s c u s s e s w i t h Nate G r a y t h e
$ 2 5 , 0 0 0 from CDM?
A Yes, t h e r e i s . I f you l o o k a t t h e e n t r y u n d e r
S e p t e m b e r 9 t h , 2002, w h i c h i s a r e f e r e n c e t o E x h i b i t
1106.
t h e Nottingham p r o j e c t i n s p e c i f i c , was a n y t h i n g g o i n g on
companies were i n t h e p r o c e s s o f r e s p o n d i n g .
t o t h e o t h e r one, was t h e r e a n y t h i n g g o i n g on i n
p r o j e c t i n t o two s e p a r a t e p r o j e c t s r a t h e r t h a n h a v i n g one
large project.
(2 Was anybody c o n t e s t i n g i t ?
A Yes, CDM.
(Tape p l a y e d . )
t h i s particular tape?
A Nate Gray a n d G i l b e r t J a c k s o n , a n d t h e n a l s o l a t e r
assistant.
issued?
A Yes, I h a v e .
708.
a charity, right?
A It is.
(Tape played. )
2002.
(Tape played. )
Jackson?
A Yes, there is.
A It is.
(Tape played. )
Ray?
A I did.
A Yes.
A I did.
(Tape played. )
named Ralph?
A Yes.
Diane?
A I did.
worth $2,998,879.
Exhibit 709.
page 3.
A Yes, I did.
Q And the day after that, after you did that, were
there any interceptions involving any of the defendants?
Exhibit 1116.
(Tape played. )
Nate Gray.
segment.
or go on?
few minutes.
(Brief recess.)
examination.
CROSS EXAMINATION
BY MR. WHITAKER:
A That's fine.
Q Those scores that you were talking about on the CDM
contract?
Q And you saw that e-mail that said the Mayor was the
correct?
A Yes, I see t h o s e .
Q And t h e d i f f e r e n c e on t h e t o p number i s 4 , 1 7 0 ,
right?
A Yes.
Q And t h e d i f f e r e n c e on t h e n e x t o n e i s 4 , 1 7 0 ?
A That's correct.
Q And t h e n a g a i n 4 , 1 7 0 ?
A Yes.
Q And t h e n a g a i n 4 , 1 7 0 ?
A That's correct.
Q And t h e r e a r e a l s o d i f f e r e n c e s o f 5 , 5 6 0 a t t h r e e
A I s e e two o f them, b u t I b e l i e v e y o u .
Q Okay. Good.
terms o f i t b e i n g a d i f f e r e n c e f r o m t h e c o n t r a c t p r i c e ,
correct?
b i t I c o u l d t e l l you t h e d a t e .
Q Oh, okay.
A Yes.
invoice, no.
A That's correct.
Q What schedules?
A The baseball schedules.
A That's correct.
A Yes.
Q And that was the office where Mr. Gray had told
her, just gather up all the documents in response to the
subpoena?
BY MR. WHITAKER:
Q No, I asked you what Mr. Gray said, and that was
gather all the documents, and didn't restrict her from
any place?
A According to what she said, yes.
BY MR. WHITAKER:
A Yes.
it.
wiretap --
application.
BY MR. WHITAKER:
832
A No, I am not.
(Z And you are aware of the fact that the Mayor was
very active in having people raise money for this fund;
Q And did you take any action to, or are you aware of
any action that the government took, to make an
BY MR. WHITAKER:
correct.
833
(2 And h e c o n v e y e d t h a t v e r y c l e a r l y t o N a t e G r a y ?
A Yes.
Q Okay. And f e l t t h a t t h e y s h o u l d h a v e d i s c u s s i o n s
down?
A Yes.
A They d i d , y e s .
Q Now, t h e l a s t t h i n g i s t h e r e w a s t h i s c o n v e r s a t i o n
a b o u t t h i s man a s k i n g -- t a l k i n g a b o u t g e t t i n g money. I
A That's correct.
t h a t money? H e s a i d cash, is t h a t r i g h t ?
A That's right.
g o i n g t o a s k f o r t h e money.
Q Right.
d o t h a t you a r e g o i n g t o b e a r r e s t e d .
Q I n f a c t , d i d n ' t he u l t i m a t e l y s a y t h e r e i s
a b s o l u t e l y no c o r r e c t a n s w e r ?
A H e s a i d h e was t r y i n g t o g i v e m e a c o r r e c t a n s w e r s ,
but there is no correct answer.
CROSS EXAMINATION
BY MR. JENKINS:
A That's correct.
A '96, I believe.
Thank you.
that?
836
document, no.
A I d i d n ' t s e e him p e r s o n a l l y h a n d a n y b o d y a n y t h i n g .
f o o t b a l l game, c o r r e c t ?
A That ' s c o r r e c t .
Q Do you h a v e a n y knowledge w h e t h e r o r n o t J u l i u s
C i a c c i a e v e r went t o t h a t game?
A I don't.
A No, I d i d n o t .
r e c a l l , i f you r e c a l l , M r . J a c k s o n s a i d t h e s c h o l a r s h i p
was f o r a good c a u s e ?
A I b e l i e v e he s a i d something t o t h a t e f f e c t .
Honor.
Do you h a v e a n y r e d i r e c t ?
- - -
REDIRECT EXAMINATION
BY MR. DETTELBACH:
Q L i t e r a l l y , j u s t one q u e s t i o n , I promise.
On t h e e x h i b i t you p r e p a r e d s u m m a r i z i n g t h e
e x t r a p a y m e n t s a b o v e a n d beyond t h e c o n t r a c t amount f r o m
witness.
be out of order.
RICK SAWICKI
as follows:
last name.
S-A-W-I-C-K-I.
DIRECT EXAMINATION
BY MR. DETTELBACH:
Q With who?
A With my wife and my son.
Q What is Honeywell?
A Honeywell is a multi-national diversified company.
programs.
What's a turnkey?
A Yes.
Q What is HUD?
A The Housing and Urban Development.
Q In Washington?
A In Washington, yes.
A No, I do not.
Q Where?
A I've I started working in the public housing group
A Um-hum .
at HANO?
down.
And Trent wanted to get his studies done and come back to
management?
his superiors, and his superiors many times are busy with
844
a lot of other projects that they are handling, and
is paramount.
A Yes.
for Honeywell.
Giamio.
A I did not.
A Yes.
A To B.W. Cooper?
Q Correct?
A Yes.
A Yes.
Q What is this?
A That is what we call our oral interview
all?
go?
A We felt it went very well. The only glaring thing
Gray.
BY MR. DETTELBACH:
Orleans.
Mr. Jackson.
BY MR. DETTELBACH:
will.
848
on t h i s s u b j e c t ?
A Yes, we d i d .
i n v o l v i n g t h e s e two c o n t r a c t s ?
Gray a n d G i l b e r t J a c k s o n .
E x h i b i t 1126, F e b r u a r y 5, 2 0 0 2 .
(Tape p l a y e d . )
Q A l l right. And i s t h a t v o i c e a t t h e e n d t h e r e ,
whose i s t h a t v o i c e ?
A T h a t was my v o i c e a n d G i l b e r t J a c k s o n ' s v o i c e .
m i l l i o n , what p r o j e c t d i d t h a t r e l a t e t o ?
A T h a t was B . W . Cooper.
Q Now, t h e r e i s a n o t h e r e x c e r p t o f t h e same c a l l
1 1 2 7 , I would l i k e t o p l a y now.
(Tape p l a y e d . )
you h e a r M r . J a c k s o n t a l k a b o u t t h a t ?
A I ' m sorry?
BY MR. DETTELBACH:
time?
Director at HANO.
(Tape p l a y e d . )
r e f e r t o a m i d - l e v e l manager?
A Yes.
A T h a t was T r e n t Myers.
o f f i c e s e t t i n g i t up?
A Yes.
Q Now, a c t u a l l y , t h e r e was a c o u p l e r e f e r e n c e s , b u t
was t h i s phone c o n v e r s a t i o n t h e o n l y t i m e G i l b e r t J a c k s o n
s p o k e a b o u t t h e Mayor's O f f i c e i n r e l a t i o n t o t h i s
contract?
Q Now, you a l s o t a l k e d a b o u t t h e s i g n i f i c a n c e o f
you r e f e r r i n g t o t h e r e ?
A To t h e e x e c u t i v e s p o n s o r s h i p t h a t I m e n t i o n e d a
s h o r t time a g o .
were you i n v i t e d t o j o i n a n y p r i v a t e f o l l o w up c a l l s w i t h
just Nate and Gilbert Jackson?
A I was not.
to anybody?
actually testifying.
BY MR. DETTELBACH:
A Yes.
New Orleans?
A Yes.
before.
Q What is Emeril's?
A E m e r i l ' s i s a r e s t a u r a n t i n New O r l e a n s .
display Exhibit 7 3 6 .
what i t i s w e ' r e l o o k i n g a t ?
report?
of t h a t .
back u p ?
A Yes, e v e r y t h i n g o v e r $25 a t t h e t i m e r e q u i r e d a
receipt.
Q And s p e c i f i c a l l y , I t h i n k t h e --
t h e r i g h t bottom f i r s t .
A Yes, t h a t l o o k s l i k e t h e d i n n e r r e c e i p t from
E m e r i l ' s t h a t evening.
Q A l l right.
Q What's t h a t ?
854
A That looks like the hotel receipt of where we
Honor.
BY MR. DETTELBACH:
about payment.
BY MR. DETTELBACH:
Exhibit 722.
A Yes.
know, n o t h i n g e x t r a o r d i n a r y , b u t i t was a g o o d c a l l .
t h i s p a r t i c u l a r meeting?
A T h e r e was a h a l f d o z e n f r o m -- h a l f d o z e n
r e p r e s e n t a t i v e s f r o m HANO, i n c l u d i n g Benjamin B e l l ,
Myers, a n d t h e r e was t h r e e o r f o u r o t h e r p e o p l e f r o m t h e
names. B u t t h e y were t y p i c a l l y m i d - l e v e l m a n a g e r s a s
well.
Q B e f o r e t h a t , h a d you b e e n a b l e t o g e t i n t o t h e d o o r
t o s e e Ben B e l l ?
A No.
Q Was V i n c e S y l v a i n a t t h e m e e t i n g ?
A No, h e was n o t .
A M y s e l f , B i l l Giamio a n d G i l b e r t J a c k s o n .
Q What a b o u t N a t e Gray?
A N a t e was n o t t h e r e .
meeting?
who was t h e r e .
BY MR. DETTELBACH:
Q Was M r . Gray t h e r e ?
A No, h e was n o t .
(Z A f t e r t h e m e e t i n g d i d you r e t u r n home?
A Yes.
w i t h M r . G r a y a b o u t how t h e m e e t i n g h a d w e n t ?
A Yeah. I r e c a l l w e t a l k e d a t t h e a i r p o r t b r i e f l y on
how t h e m e e t i n g w e n t , a n d w e s h a r e d w i t h N a t e t h a t i t was
a good f i r s t c a l l .
O r l e a n s , d i d you e v e r g o b a c k ?
A Yes.
i d e a o f how many t i m e s ?
A P r o b a b l y a h a l f d o z e n more t i m e s . I was w o r k i n g
some o t h e r p r o j e c t s i n t h e a r e a a s w e l l .
Q Did M r . Gray go a s w e l l ?
A I believe so.
project?
A No.
858
lot of contacts.
jobs in New Orleans that Mr. Gray and Mr. Jackson were
assisting Honeywell in getting?
Q Did it go anywhere?
A Not to my knowledge, no.
in?
A Yes.
typically.
a troubled agency.
CROSS EXAMINATION
BY MR. WHITAKER:
A Yes.
A Sure, sure.
A Sure, sure.
A Yes.
A That's correct.
consultants.
BY MR. WHITAKER:
MR. WHITAKER:
wide.
A That's correct.
for a living.
is critical.
something. What did you call it? Somebody that you got
behind you?
A That's correct.
about that. And this is what Mr. Sawicki said. And that
kind of stuff?
A Sure.
Q Was that you got word back that you didn't have a
A That's correct.
subscribe to.
A That's correct.
Q And the way you get that feedback, you have your
consultant, or whoever you have doing it, is call the
officials involved, maybe, and say hey, what did you
A Possibly, yes.
you can put together a team that a city like New Orleans
A That's correct.
project?
A I was not.
able to get the things that you wanted to get out about
arrangement?
A Um-hum .
A Yes.
A Yes.
CROSS EXAMINATION
BY MR. JENKINS:
Corporation, correct?
A That's correct.
868
Q And your you stated you are seeking to do this and
A That's correct.
but he was an --
particular entity.
Giamio, my boss.
correct?
sponsorship, o r something of t h a t n a t u r e , c o r r e c t ?
A That's correct.
someone t o l a y t h e p o l i t i c a l groundwork i n s e e k i n g t h o s e
contracts?
r e p r e s e n t e d o u r p r o p o s a l w i t h no m i n o r i t y s u b c o n t r a c t o r s ,
c o n t r a c t o r s t h a t a r e l o c a l , which i s a v e r y i m p o r t a n t
a l l of t h e p r o j e c t s o u t t o vendors. And i n h o u s i n g
a u t h o r i t y i n New O r l e a n s c a s e you a r e l o o k i n g a t
t h a t w o u l d n ' t p o l i t i c a l l y be a v e r y s m a r t move. So t o
i d e n t i f y t h o s e t y p e o f c o n t r a c t o r s s o we c o u l d have o u r
team up f r o n t .
Q I n f a c t , you s t a t e d t h e e x e c u t i v e l e v e l i n d i v i d u a l
you a r e l o o k i n g f o r , you d o t h a t i n o t h e r c i t i e s a l s o t o
t r y t o g e t on t h a t l e v e l ?
A Yes. Not i n e v e r y s i n g l e c i t y , b e c a u s e a l o t of
Executive Director.
A That's correct.
Q A n d y o u r c o n t a c t and r e l a t i o n s h i p w i t h G i l b e r t
J a c k s o n was p r o f e s s i o n a l , correct?
A Yes.
correct?
A Yes.
Q And i n f a c t , you a l l m e t i n a b u s i n e s s m e e t i n g t h e
n i g h t b e f o r e you m e t M r . B e n e f i t B e l l ?
A Yes, w e m e t , h a d d i n n e r . I t was s o c i a l , j u s t
g e t t i n g t o know e a c h o t h e r .
Q Now, you s t a t e d i n o n e o f t h e c o n v e r s a t i o n s
t h a t you h a d h e a r d t h e name o f B e n j a m i n B e l l b e f o r e b u t
A That's correct.
A T h a t was t h e e v e n t u a l o u t c o m e .
h a d a n o p p o r t u n i t y t o meet him?
A No.
A No.
Q And t h e r e a s o n t h a t you b r o u g h t -- c o n t a c t e d N a t e
871
Gray was because you knew he was already a consultant,
correct?
Q For Honeywell?
A Yes.
A That's correct.
A Yes.
REDIRECT EXAMINATION
872
BY MR. DETTELBACH:
meeting?
A Yes.
A Yes.
A Yes.
A Absolutely not.
witness.
oath.
- - -
DIRECT EXAMINATION
BY MR. DETTELBACH:
call.
17 Division.
19 again.
20 BY MR. DETTELBACH:
Honeywell Corporation.
A Brent Jividen.
Q All right.
MR. DETTELBACH: And the exhibit, your
Honor, we would seek to play is 1160.
(Tape played. )
MR. WHITAKER: Your Honor, I object.
Cleveland.
Honeywell.
Q Since when?
A I believe the beginning of 1993 until 2003.
another time.
But just one example. Could we just please
Gray's residence.
Q Where?
A In the master bedroom closet in that black backpack
document down.
and Honeywell?
to Gilbert Jackson?
A Yes, I have.
statements.
BY MR. DETTELBACH:
A Yes.
72619.
A Yes.
witnesses.
can be offered.
months ago.
these?
geographical area.
881
MS. WHITAKER: We are done with the City
BY MR. DETTELBACH:
in each column?
that bank.
Q All right.
A And the last column is a description of what that
Q A l l right. So f o r e a c h o n e o f t h e s e c o l u m n s i s
t h e r e a n a c t u a l b a n k document t h a t b a c k s u p t h e e n t r y ?
s t a t e m e n t , d e p o s i t t i c k e t and check.
Q And h a v e you r e v i e w e d e a c h a n d e v e r y o n e o f t h o s e
i n preparing t h i s exhibit?
a n d e v e r y one o f t h e s e u n d e r l y i n g documents.
prepare it.
BY MR. DETTELBACH:
Q Did you t y p e i t y o u r s e l f ?
objection.
a c c u r a t e l y r e f l e c t t h e u n d e r l y i n g documents. I
t h i n k he can t e s t i f y t o it.
BY MR. DETTELBACH:
Q And h a v e a l l t h e d o c u m e n t s b e e n t u r n e d o v e r t o t h e
d e f e n s e l o n g ago?
A Yes.
BY MR. DETTELBACH:
Q And did you, are there totals by year that you have
calculated?
H $14,150.
Go back one.
forward,' please.
with?
A Yes, it does.
A Yes.
A Yes, I did.
Q All right.
MR. DETTELBACH: Could you please
A Yes, he did.
Q All right.
MR. DETTELBACH: Would you please play
Exhibit 1120.
(Tape played. )
BY MR. DETTELBACH:
A Yes, I did.
(Z And i s t h e r e a l s o c o n v e r s a t i o n o n y o u r t i m e l i n e
where Vince i s b r o u g h t up a g a i n ?
A Yes, t h e r e i s .
Q W h a t ' s t h e n e x t e n t r y a n d who i s s p e a k i n g ?
A 'The n e x t e n t r y o n t h e t i m e l i n e r e f e r s t o 1 1 2 1 .
Nate G r a y a n d G i l b e r t J a c k s o n .
E x h i b i t 1121.
(Tape p l a y e d . )
1121B, p a g e 3, a n d p u l l u p t h e t o p p a r t .
Q And who i s s p e a k i n g a b o u t s a y i n g h e w a n t s t o d o
business too?
A T h a t was G i l b e r t J a c k s o n .
fine.
down.
Now, i s t h e r e a n o t h e r e x c e r p t f r o m t h e same c a l l ?
There i s .
And w h e r e i s t h a t on y o u r t i m e l i n e , a n d w h a t i s
888
t h e e x h i b i t number?
i t ' s E x h i b i t 1122.
(Tape p l a y e d . )
C i t y of Detroit?
A Yes, I d i d .
A Yes, t h e y r e f e r r e d t o a t Kwame.
a t t h e t i m e t h i s was?
A Kwame K i l p a t r i c k .
Q Now, w i t h r e s p e c t t o t h e t o p o f y o u r t i m e l i n e ,
w h a t ' s t h e e n t r y a t t h e t o p o f y o u r t i m e l i n e i f w e move
t o the right?
t h e B.W. Cooper o r a l i n t e r v i e w p r e s e n t a t i o n .
because.
s e v e r a l more c a l l s t o p l a r w i t h N e w O r l e a n s . It's
I 'm sorry.
portion of this.
tomorrow.
adjournment .
Thank you.
- - -
1 C E R T I F I C A T E
9
Richard G. DelMonico
10 Official Court Reporter
568 U.S. Courthouse
11 Two South Main Street
Akron, Ohio 44308
12 (330) 375-5666
13
14
I N D E X
OPENIIIG STATEMENTS :
On b e h a l f o f t h e Government ................... 142
On b e h a l f o f D e f e n d a n t J o n e s .................. 189
On b e h a l f o f Defendant Gray ................... 2 0 3
On b e l l a l f o f D e f e n d a n t J a c k s o n ................ 311
.. ..
VOLUME IV -... ..
,
- - - ..
. .-
.
,
.- .
. ..
TRANSCRIPT OF TRIAL PROCEEDINGS ..,'ii?;
. - ,. . ~ .
HAD BEFORE THE HONORABLE ,
1
APPEARANCES:
conducted o u t s i d e t h e presence o f t h e
jury.
the court.
L a s t n i g h t and t h i s morning t h e s t o r y o f
n e w s c a s t a n d i t was a l s o f r o n t p a g e o n t h e P l a i n
a c t u a l l y b e g i n s , we would l i k e you t o i n q u i r e o f t h e
j u r y w h e t h e r anybody h e a r d a n y t h i n g .
c a l l him?
sure.
THE COURT: B e c a u s e my t h i n k i n g h a d b e e n
t h a t i f h e ' s c a l l e d a s a w i t n e s s i t w i l l a l l come
o u t i n any r e g a r d .
M r . Whitaker -- o r t h i s i s s e c o n d h a n d -- w a s on TV
t a l k i n g about t h e f a c t s of t h e case, o r t a l k i n g
a b o u t t h e case. So I t h i n k t o some e x t e n t h i s
o b j e c t i o n r e g a r d i n g p u b l i c i t y i s n o t w e l l founded.
at any time.
sorry.
seats.
(No response.)
among yourselves?
(No response.)
case?
(No response.)
(No response.)
BY MR. DETTELBACH:
period?
A Okay.
Gilbert Jackson.
Which o n e i s t h a t ?
I t h i n k i t ' s E x h i b i t 1121.
1121.
(Tape p l a y e d . )
BY MR. DETTELBACH:
(1 You h e a r d a r e f e r e n c e t o a name B r e n t ?
objection.
BY MR. DETTELBACH:
Q You h e a r d a r e f e r e n c e t o B r e n t ?
A Yes, I d i d .
Corporation?
A Yes, B r e n t J i v i d e n .
Q N o , moving t o t h e r i g h t on t h e t i m e l i n e . What i s
O r d o t h e y t a l k a b o u t Honeywell?
A They d o .
MR. DETTELBACH: P l e a s e p l a y 1124.
(Tape played. )
Q Now, m o v i n g f r o m t h a t J a n u a r y 2 9 t h c a l l . Then is
t h e r e a c o n f e r e n c e c a l l i n v o l v i n g s e v e r a l people t h a t
follows?
A Yes. On F e b r u a r y 5 t h , 2 0 0 2 t h e r e i s a c o n f e r e n c e
and B i l l G i a i r n o .
Q A n d t h a t ' s t h e c a l l , t h e excerpts f r o m w h i c h we
heard w i t h M r . Sawicki?
A That's correct.
Q I n one b r i e f e x c e r p t o f t h a t c a l l i s t h e r e a
reference t o a n y b o d y n a m e d V i n c e ?
A Yes, there i s .
Q And w h i c h one i s t h a t ?
A T h a t ' s 1127.
( T a p e played. )
d i s p l a y 1127-B.
d u e r e s p e c t , I t h o u g h t w e heard t h e s e t a p e s
yesterday.
a b o u t t h e t i m e s t a m p on t h i s t a p e .
C o u l d you j u s t blow u p t h e v e r y t o p l i n e .
of the conference c a l l ?
A F e b r u a r y 5 t h , 2002. The c a l l s t a r t e d a t 1 1 : O O a . m .
Q That's t h e s t a r t time of t h e c a l l ?
A That's correct.
Q A l l right. A f t e r t h a t c a l l was o v e r , i s t h e r e
a n o t h e r e n t r y on y o u r t i m e l i n e ?
G i l b e r t J a c k s o n , which o c c u r r e d w i t h i n a m i n u t e a f t e r t h e
conclusion of t h e conference c a l l .
Q Was anybody e l s e on t h a t c a l l ?
A No, j u s t N a t e Gray a n d G i l b e r t J a c k s o n .
(Tape p l a y e d . )
i f you c o u l d j u s t b l o w u p t h e t e x t a r e a o n t h a t .
you see t h e t i m e s t a m p on t h i s c a l l ?
A Yes, 1 1 : 3 2 .
Q And t h a t time s t a m p , how i s t h a t g e n e r a t e d ?
A J u s t t y p e d on t h e r e .
Q How i s i t g e n e r a t e d when t h e c a l l i s i n t e r c e p t e d ,
though?
A A s t h e c a l l comes i n i t ' s g e n e r a t e d f r o m o u r T i t l e
t h e t i m e when t h e c a l l was i n i t i a t e d .
Q By c o m p u t e r ?
A Yes, b y c o m p u t e r .
Q And w h o ' s s p e a k i n g on l i n e s 1 6 , 1 7 , 1 8 , a n d 1 9 ?
Gray.
Q Thank you.
c h e c k t h a t i s r e f l e c t e d on y o u r t i m e l i n e ?
d a t e , you l o o k a b o v e t h e l i n e i t r e f e r s t o E x h i b i t 7 2 0 .
d i s p l a y E x h i b i t 720.
from a n d t o ?
A The c h e c k i s made o u t t o G i l b e r t J a c k s o n i n t h e
899
Parking.
Q Now S p e c i a l A g e n t M a s s i e , a r e t h e r e a n y a d d i t i o n a l
e x c e r p t s i n y o u r e x h i b i t s f r o m t h a t N a t e Gray a n d G i l b e r t
J a c k s o n c a l l on t h a t d a y ?
A Yes, t h e r e a r e .
E x h i b i t 1 1 3 0 , a n o t h e r e x c e r p t f r o m t h a t same c a l l .
(Tape p l a y e d . )
E x h i b i t 1131, t h e n e x t e x c e r p t .
(Tape p l a y e d . )
that call?
A Yes.
l u n c h w i t h Mr. B e l l ?
A He was h a v i n g a l u n c h m e e t i n g w i t h M r . B e l l t h e
next day.
Q And i s t h e r e a n i n t e r c e p t i o n t h a t i n c l u d e s a r e p o r t
o f t h a t m e e t i n g t o N a t e Gray?
A Yes. I f you l o o k , n e x t e n t r y on t h e t i m e l i n e ,
v e r y n e x t d a y , F e b r u a r y 6 t h r 2002 r e f e r e n c e t o E x h i b i t
900
A Yes.
is a Fed-Ex.
A No.
A Yes.
734.
A Yes.
Q Honeywell?
A Yes.
subpoena?
A Reads G i l b e r t , w i t h an u n d e r l i n e .
Q And --
MR. JENKINS: Judge, o b j e c t i o n . I t speaks
for itself.
BY MR. DETTELBACH:
A l l right. And w i t h r e s p e c t t o p a g e 2 , i s
t h e r e a n y t h i n g on t h i s p a g e t h a t m e n t i o n s B e n j a m i n B e l l ?
A Yes.
Q And V i n c e S y l v a i n ?
Third b u l l e t point.
could s c r o l l over t o t h e r i g h t a l i t t l e b i t .
A l l right. And g o b a c k t o t h e w h o l e p a g e ,
of t h e page. J u s t s c r o l l down o n e l i t t l e b i t .
That's fine.
A No, i t was n o t .
Q A r e t h e r e a n y d i r e c t r e f e r e n c e s t o t h e word
Honeywell in this document?
of context.
BY MR. DETTELBACH:
and then all the way from the fax line through about
paragraph.
the top.
Q And what is this part that we are looking at?
A This is the same memo, it's just this one is
2/13 was the travel date for Nate Gray, William Giamio,
Q Okay. And the other one we had up, that was the
one Mr. Sawicki showed?
A That's correct.
A It is.
(Tape played) .
Houston.
BY MR. DETTELBACH:
exhibit list?
A Yes.
call?
(Tape played. )
BY MR. DETTELBACH:
(Tape played. )
h e a r a r e f e r e n c e t o Mark M o r i a l ?
A I did.
Q And p r i o r t o t h i s h a d Mark M o r i a l h e l d a n y o f f i c i a l
positions?
A H e was f o r m e r l y t h e Mayor o f N e w O r l e a n s .
t o a name Ben J e f f e r s ?
A Yes.
A Ben J e f f e r s i s a c o n s u l t a n t e m p l o y e d b y CDM o u t o f
B a t o n Rouge, L o u i s i a n a .
A G i l b e r t Jackson.
MR. DETTELBACH: No f u r t h e r q u e s t i o n s f o r
t h i s witness a t t h i s t i m e , y o u r Honor.
I f i t p l e a s e t h e c o u r t , I would l i k e t o
renew my m o t i o n t o r e d u c i n g t h e m a t e r i a l s t h a t
t a l k i n g about.
UP.
(The following discussion was
follows : )
106.
objection.
5 this?
13 trial.
in open court.)
- - -
CROSS EXAMINATION
23 BY MR. WHITAKER:
24 Q Good morning.
25 A Good morning.
912
consultant to Honeywell?
that time.
or lobbying business?
expert.
further questions.
CROSS EXAMINATION
BY MR. JENKINS:
mailed, correct?
A Based on the intercepts, yes.
correct?
A He was interviewed, yes.
Gilbert Jackson?
A Yes.
A Not to my knowledge.
A Did I personally?
Q Yes.
A No.
Correct?
A T h e r e was a c o n v e r s a t i o n on F e b r u a r y 6 t h f y e s .
correct?
A That's correct.
Q And t h e c o n v e r s a t i o n t h a t w e h e a r d was w h e r e N a t e
s a i d , h e y , i t was on my d e s k , i t w i l l g o o u t t o d a y o r
tomorrow, c o r r e c t ?
A He s a i d , i t d i d n ' t g o o u t y e s t e r d a y , i t w i l l go o u t
today. The c o n v e r s a t i o n w a s on t h e 6 t h .
d a t e o f F e b r u a r y 6 t h when i t was a c t u a l l y a t l e a s t
b r o u g h t t o Fed-Ex, correct?
A I t was d a t e d F e b r u a r y 6 t h a n d b a s e d on t h e
u n d e r l y i n g i n v o i c e s , i t was p i c k e d on F e b r u a r y 6 t h a n d
d e l i v e r e d February 7 t h .
(1 February 7 t h .
Now, e v e n a s G i l b e r t a n d N a t e were s p e a k i n g ,
you h e a r d from t h e w i r e i n t e r c e p t t h a t G i l b e r t h a d
there, correct?
A I t i n d i c a t e d h e h a d a l u n c h m e e t i n g w i t h him on t h e
6th.
A That's correct.
A I am.
BY MR. JENKINS:
knowledge.
knowledge.
BY MR. JENKINS:
through Honeywell.
work, correct?
i n v o l v i n g p u b l i c o f f i c i a l s , was t h e r e a n y e v i d e n c e t h a t
you h a d , s u r v e i l l a n c e , i n t e r v e n t i o n , o r a c t u a l l y b e i n g on
f o r m o f payment t o a n y p u b l i c o f f i c i a l ?
A O n l y t h e c a l l where h e i n d i c a t e s h e ' s g o i n g t o f l i p
it t o Vince S y l v a i n .
Q You s t a t e d e a r l i e r t h a t you h a d no e v i d e n c e t h a t
A O t h e r t h a n t h e T i t l e I11 i n t e r c e p t s .
heard.
any evidence.
BY MR. JENKINS:
Q I ' m a s k i n g you, a n y e v i d e n c e t h a t h e a c t u a l l y ,
p h y s i c a l l y p a s s e d a n y money t o a n y p u b l i c o f f i c i a l ?
A No d o c u m e n t a r y e v i d e n c e , n o .
REDIRECT EXAMINATION
BY MR. DETTELBACH:
Q J u s t t o b e c l e a r on t h e t i m i n g . When was i t , what
year was it, and what month was it, that the
interceptions?
Q Of '03?
A Yes.
hand.
1 - - -
2 PETER SMITH
6 follows:
10 DIRECT EXAMINATION
11 BY MS. PEARSON:
12 Q Good morning.
13 A Good morning.
20 A Public corruption.
Q Did you work along with FBI agents from other FBI
offices?
A Yes.
conference room.
A Yes, we did.
A Yes.
A Yes.
interview?
A Yes.
lives?
BY MS. PEARSON:
Q Please answer.
A He claimed he didn't know where Mr. Jividen was
based or located.
Smith?
Mr. Jividen.
A Yes, I did.
BY MS. PEARSON:
Hardeman was.
(Tape played. )
City of Houston.
A Yes, I did.
A Yes, we did.
investigation?
BY MS. PEARSON:
that.
BY MS. PEARSON:
A Yes, I did.
A Yes, I did.
response.
BY MS. PEARSON:
of value?
A Yes.
1194.
(Tape played. )
BY MS. PEARSON:
Mr. Jackson?
A Yes, I did.
BY MS. PEARSON:
930
CROSS EXAMINATION
BY MS. WHITAKER:
reviewed them.
(Z Scott Sellers?
A And maybe other agents in Cleveland.
my point of contact.
A Several months.
Honor.
relevance.
BY MS. WHITAKER:
answer.
THE WITNESS: At the time of the interview
CROSS EXAMINATION
BY MR. JENKINS:
A Yes.
interview.
Q Right.
MS. PEARSON: Please let him finish his
answer.
BY MR. JENKINS:
Q Correct.
A And so we didn't do that interview.
Department of Justice.
Q Correct.
Now, was there an additional interview
involving Mr. Jackson after you left the CDM headquarters
BY MR. JENKINS:
correct?
A Correct.
A Correct.
name?
at Morton's Restaurant?
else, correct?
A Correct. Brent Jividen.
Q Brent Jividen.
And you were on surveillance as a part of
Q Sports figure.
And as a part of your job you were
A Correct.
A Yes, sir.
Q And you knew who it was going to, which was Gilbert
Jackson, correct?
Q Yes.
A Yes.
A Yes, I did.
correct?
A Well --
to pay --
BY MR. JENKINS:
A No, sir.
one.
Mr. Jackson?
A Correct.
Mr. Jackson?
A No.
A I believe he does.
941
Q Are you aware of any other FBI agents who had done
so?
A No, I hadn't.
after.
anyone else.
(Brief recess.)
jury.
MR. WHITAKER: Your Honor, we would like
Hardeman.
that --
d i f f e r e n t l y a b o u t t h e w i r e t a p s and videotapes, b u t
s h e does n o t b e l i e v e t h a t w i l l a f f e c t h e r d e c i s i o n
i n t h i s case.
Mr. J a c k s o n .
it is, y o u r H o n o r ?
alternate?
Juror 2 7 .
you k n o w , y o u r H o n o r ?
hair.
respond?
her?
statement.
else?
( J u r o r 2 7 was r e t u r n e d t o t h e
were c o n d u c t e d a t t h e s i d e b a r . )
here?
s t a t e m e n t o r something.
b e c a u s e you --
what?
JUROR: T h a t my o p i n i o n h a s k i n d o f
c h a n g e d a b o u t o n e o f t h e q u e s t i o n s you a s k e d . You
a s k e d i f you h a d a n o p i n i o n a b o u t -- i f we t h o u g h t
i t ' s an i n v a s i o n of p r i v a c y t o have t h e cameras.
And a t t h e t i m e I h a d n ' t r e a l l y t h o u g h t a b o u t i t , s o
And a f t e r b e i n g i n h e r e a n d h e a r i n g i t a n d
s e e i n g i t , I k i n d o f have formed a n o p i n i o n a b o u t
it, t h a t I b e l i e v e it i s kind of an i n v a s i o n of
privacy.
formed a n o p i n i o n a b o u t t h e c a s e , j u s t f o r m e d a n
given.
JUROR: Right.
that.
So you a r e t o t a k e t h e e v i d e n c e a s i t ' s
o f f e r e d a n d t h e n make a d e c i s i o n w h e t h e r t h e
o f l a w , c o n v i n c e s you b e y o n d a r e a s o n a b l e d o u b t o f
you a r e r e q u i r e d t o f i n d t h e d e f e n d a n t n o t g u i l t y .
I f i t d o e s , you a r e r e q u i r e d t o f i n d t h e d e f e n d a n t
guilty.
Can you d o t h a t ?
previously.
know i f t h i s i n f o r m a t i o n h a s b e e n s h a r e d w i t h a n y o f
other jurors?
949
before.
question it involved.
JUROR: Yes.
courtroom.)
THE COURT: Okay.
MR. DETTELBACH: Your Honor, I do want to
be heard briefly. And I have to say we are renewing
any.
right hand.
- - -
GLYNNIS NELSON
follows :
name.
DIRECT EXAMINATION
BY MS. BUTLER:
A CDM.
A Yes, it is.
A September, 1998.
1998?
Orleans office.
A He traveled a lot.
by phone?
A Yes.
A Yes, I did.
Mr. Jackson?
A Yes, I did.
A I believe it was.
A Yes, it was.
Mr. Jackson.
by phone?
weeks.
A Yes, he did.
BY MS. BUTLER:
A Yes, I m e t h e r .
Q And d i d you h a v e a n u n d e r s t a n d i n g o f w h a t t y p e o f
work M i s s M c G i l b r a d i d ?
A I u n d e r s t o o d t h a t s h e worked f o r t h e C i t y o f
a c l i e n t o f CDMs i n H o u s t o n .
Q Now, h a v e you e v e r a c t u a l l y m e t M r . M i s s M c G i l b r a ?
A Yes.
A She a t t e n d e d t h e E s s e n c e F e s t i v a l i n N e w O r l e a n s i n
2 0 0 1 a n d was a g u e s t i n t h e CDM s u i t e .
Q C o u l d you t e l l t h e members o f t h e j u r y w h a t t h e
Essence F e s t i v a l i s , p l e a s e ?
A I t ' s a n A f r i c a n American m u s i c f e s t i v a l t h a t r u n s
e v e r y y e a r o v e r 4 t h o f J u l y weekend f o r t h r e e d a y s .
t h a t CDM d i s t r i b u t e d f o r t h a t f e s t i v a l i n t h e summer o f
'Ol?
A Yes, I was.
Q And w h a t d i d you d o i n t h a t r e g a r d ?
A I would g e t t h e c h e c k c u t f o r t h e t i c k e t s . And I
tickets.
Q And did you do that at any particular person's
direction?
A No.
tickets?
festival?
A Yes, I was.
Festival weekend.
that year?
New Orleans?
this book.
this book.
questions.
Honor.
- - -
CROSS EXAMINATION
BY MS. WHITAKER:
A Yes.
A Correct.
CROSS EXAMINATION
BY MR. JENKINS:
A I do.
A Yes, he does.
Q In Houston?
A Yes.
getting a hotel room for her for what event was that?
A Correct.
A Correct.
7 THE W I T N E S S : T h a n k you.
9 next witness.
11 c a l l s R o d n e y Joel t o t h e stand.
13 t o approach b e f o r e t h i s w i t n e s s t a k e s t h e s t a n d .
15 (The f o l l o w i n g discussion w a s
16 c o n d u c t e d a t s i d e b a r , b e t w e e n c o u r t and
17 c o u n s e l , o u t of t h e h e a r i n g of t h e j u r o r s as
18 follows: )
21 Dresser, a n d M c k e e e m p l o y e e w h o M r . J a c k s o n
22 approached and a s k e d f o r a n e x t r a $ 2 , 5 0 0 .
24 w a t e r c o n t r a c t , and n o t h i n g e l s e .
Cleveland.
out of order.
geographical area.
discretion.
MS. WHITAKER: You absolutely have
discretion in this.
RODNEY JOEL
follows :
DIRECT EXAMINATION
BY MS. PEARSON:
A Yes, ma'am.
A As a civil engineer.
supervisor.
treat the waste of the needed water, for the process, how
A Yes, ma'am.
Q Did you work with anyone from the group called the
Urban Initiative within CDM?
technical.
Q Now at this time did you know who Mr. Gray was, the
recommended person from Ciaccia?
A No, neither Gilbert or I knew -- had heard of
Gray?
He said yes.
us with Nate.
myself.
971
A Yes, ma'am.
A Yes, ma'am.
started a one man and then half a man, and then removed
A Yes, ma'am.
Q What is it?
A That is the transmittal letter for our proposed --
master plan.
move forward.
A Yes, ma'am.
item E.
Q Thank you.
Now focusing on the fall to winter of '96,
to the agreement.
Mr. Gray?
A Yes, ma'am.
$2,500.
A I b e l i e v e i t was $ 2 , 9 5 0 .
a f o u r hundred a n d --
d i f f e r e n c e between t h e i n v o i c e --
What d i d you do t o f i n d o u t ?
i t ' s for?
A He s a i d , j u s t go a h e a d and p a y i t .
T h e r e was k i n d of a p r e g n a n t p a u s e , t h e r e was
980
Honor.
BY MS. PEARSON:
Q Please continue.
A He said, I'll get back to you in a couple days.
approval.
on it.
BY MS. PEARSON:
additional 450?
A 425.
terminated.
703.
to.
Q
MS. PEARSON: Will you please show the
Exhibit 702.
Yes.
year.
an advisor.
yes.
type of thing.
A Yes, I did.
Q Who attended?
A Mayor White, Nate Gray, Gilbert, about four to six
house.
individual.
to count.
A Yes, ma'am.
CROSS EXAMINATION
BY MR. WHITAKER:
A Yes, sir.
A Yes, sir.
A Yes, sir.
A Absolutely.
A Yes, sir.
A Correct.
with a project and let you guys know so you can get that
A That's correct.
A That's correct.
A That's correct.
owner for scope of fees that you are going to do. And
project?
A Yes. There is a business development budget, yes.
statement.
could take them for breakfast and lunch but you can't
Q Okay.
A There are different rules.
dinner, then CDM will use that portion, that will be paid
Q Right.
A Okay. And they are held accountable for that
budget .
sorry.
business development?
guidelines.
A Correct.
Cleveland?
individuals, yes.
Q Just get to know them?
A Yes.
A NO, sir.
A That's correct.
A That's correct.
here part-time.
do --
testimony.
BY MR. WHITAKER:
A That's correct.
A That is correct.
A Yes, sir.
that correct?
A That's correct.
Q Because you want to know that right off the bat and
you expect them to answer that question based on what
A That's correct.
Q And one of the things you like to find out when you
ask a question like that is, do they know anybody that
A That's correct.
this project?
A That's correct.
9 97
c o n t r a c t with t h e C i t y of Cleveland?
A S h o r t l y a f t e r what?
Q A f t e r N a t e Gray was h i r e d ?
A W e g o t -- y e s .
Q H e was h i r e d i n 1996, I t h i n k , A p r i l ?
A Yes.
Q And t h e n b y A u g u s t o f 1 9 9 6 ?
A You a r e c o r r e c t .
M r . Gray's c o n s u l t i n g arrangement, g o t an i n c r e a s e ?
A That's correct.
successfully s e l l a project?
A That's correct.
38 p e r c e n t went t o o t h e r f i r m s .
running t h e project?
A Oh a b s o l u t e l y .
Q But you are proud of the product you sold for CDM?
A Yes, sir.
A Yes, sir.
A Yes, sir.
moved to Florida.
Q 19 when?
A My daughter graduated -- three days after my
Q 1990?
A 1999, in June we moved to Florida.
Q All right.
Now, you talked a little bit about this
a significant reason --
A Yes.
A Yes.
attorney.
A Yes, sir.
Q And you are telling us today that you also told Lou
Tortora?
A Absolutely.
Lou, you still, on many occasions, met with Nate Gray and
went out with Nate Gray?
don't recall ever going out with Nate Gray. Don't ever
your Honor.
CROSS EXAMINATION
BY MR. JENKINS:
desk.
correct?
Gilbert Jackson?
together in Cleveland.
A Both.
Q Both.
And you did the interviews?
A Well, before we -- when we submitted the proposal,
A I t h i n k I was i n v o l v e d e a r l y o n l y , yes.
Q And i n terms o f t h e d e c i s i o n m a k e r s o f t h e l o c a l s ,
the f i n a l decision?
A Lou d i d .
different offices.
Q So b a s i c a l l y on a management c h a r t , i n t h a t a r e a
responsible f o r Cleveland.
Q Sure.
Q My q u e s t i o n i s t h a t Lou made t h e d e c i s i o n i n t h a t
A Gary, u n t i l we h i r e d a n o f f i c e m a n a g e r .
was s t i l l w o r k i n g o u t o f N e w O r l e a n s , c o r r e c t ?
A Yes, s i r .
1006
you know?
A I don't recall.
A That is correct.
Q All right. And when you met with the FBI and you
gave them this information allegedly involving Gilbert,
Nate, and CDM, did you meet with them by yourself or did
(r And you told Mr. Whitaker that you only met with
them one time, correct?
ultimately hired.
1007
A NO, sir.
proffer?
don't want to --
follows : )
MS. PEARSON: The date's wrong. He didn't
have that letter before.
interview.
I t was t h e same y e a r .
g a v e him a n o p p o r t u n i t y t o s p e a k a n d h e d i d n ' t s p e a k
a r e you g o i n g t o ?
b a s e d on a n a g r e e m e n t t h a t h e h a s w i t h t h e
testify. H i s i n t e r v i e w t o o k p l a c e on t h e 1 7 t h .
gave a statement.
in open court.)
BY MR. JENKINS:
didn't know the name, the technical term you just used --
question.
He's admitted --
questions.
BY MR. JENKINS:
you testify?
that there is, you know, you buried the body in point A.
explained it.
Q Now when you met with the FBI, did they tell you
they had located documents with your name on it where you
signed my name.
employee, correct?
A Yes.
after that.
A Yes, sir.
reimbursements?
now.
Orleans office.
written.
you?
Mr. Joel.
1016
REDIRECT EXAMINATION
BY MS. PEARSON:
A Yes, ma'am.
A No.
BY MS. PEARSON:
A NO, ma'am.
Q Now, when you first talked with the FBI and the IRS
agent, where did that occur?
1017
A In my office in Florida.
BY MS. PEARSON:
Q Tell us who?
A Dick Fox, President of CDM; and Paul Comel,
Q Now, when you spoke with the FBI and the IRS agent
in Florida, and you told them about the $425, what was
BY MS. PEARSON:
d i d n ' t have.
BY MS. PEARSON:
Q S i r , a s you s i t h e r e t o d a y , h a v e t h e r e b e e n a n y
h a p p e n t o you r e g a r d i n g t h e $ 4 2 5 i n c r e a s e ?
A No.
MS. PEARSON: No f u r t h e r q u e s t i o n s , y o u r
Honor.
W e ' l l t a k e a l u n c h t i m e recess. We w i l l
r e c o n v e n e some t i m e , be b a c k h e r e a t 1 2 : 2 0 , o k a y .
y o u r s e l v e s o r w i t h anyone e l s e a b o u t t h e c a s e .
adjourn u n t i l t h a t t i m e .
I would a s k t h e a t t o r n e y s t o s t a y f o r a
second.
(The j u r o r s w i t h d r e w f r o m t h e c o u r t r o o m
a n d t h e f o l l o w i n g p r o c e e d i n g s were c o n d u c t e d i n o p e n
court. )
t o b r i n g t h a t one a g e n t back.
1019
the witness?
MR. WHITAKER: Your Honor, I'm the one
Smith. )
- - -
BY THE COURT:
A Correct.
listened?
April, 2002.
a s k t h a t w e be a l l o w e d t o --
i r r e l e v a n t a b o u t what I ' v e j u s t a s k e d ?
l a r g e r c o n t e x t t h a t I would a s k .
a s k t h e q u e s t i o n s --
d a t e s a s t o t h e months y e a r s a g o .
BY THE COURT:
Q The w i r e t a p came on i n J a n u a r y 1 5 t h o f 2 0 0 2 .
A Correct.
Q What d a t e s , o v e r t h e t i m e p e r i o d s u b s e q u e n t t o
t h a t , d i d you h e a r c o n v e r s a t i o n f r o m ? I n o t h e r words,
t h e dates o f t h e c o n v e r s a t i o n s .
30 day p e r i o d .
Q And t h e n w h a t ?
t h e summer o r --
Q Of what y e a r ?
Q What h a p p e n e d a f t e r t h e F e b r u a r y d a t e ?
1021
11s.
I'm sorry?
that timeframe.
Correct.
inquire?
EXAMINATION
BY MR. DETTELBACH:
A No.
A Yes.
office?
A No.
A No.
your Honor.
- - -
EXAMINATION
BY MR. WHITAKER:
1023
was.
he said.
questions.
motion.
the middle of --
had been --
February 16th and the time they went back on, it's
of no consequence.
got them and they were from two weeks earlier than
that.
1025
h a l f hour.
(Luncheon r e c e s s . )
1026
courtroom, s o t h e m a n i n t h e b l u e s h i r t -- w h a t ' s
your n a m e ?
A REPORTER: Steve L u k e r .
have g u m i n t h e c o u r t r o o m .
H a v e you b e e n f o l l o w i n g t h e d e f e n s e
a t t o r n e y s , a s k i n g f o r m a t t e r s t h a t have been p l a c e d
u n d e r seal?
k n o w l e d g e t h e y are under s e a l .
a r e u n d e r s e a l , a n d s o I ' v e o r d e r e d t h a t t h e y n o t be
disclosed t o y o u .
a s k e d f o r s o m e t h i n g t h a t I k n o w t o be u n d e r s e a l .
you a r e g i v e n access t o ?
A REPORTER: Pardon?
T h e y have t h e i r o w n r e s p o n s i b i l i t i e s i n t e r m s of
2 t i m e t r y i n g t o r e s p o n d t o you.
3 (The j u r o r s w e r e r e t u r n e d t o t h e
5 w e r e c o n d u c t e d i n open c o u r t . )
7 t h e i r s e a t s a n d I would a s k t h e U n i t e d S t a t e s t o
8 c a l l t h e i r next witness.
S t a t e s c a l l s Diane P i n s o n .
Would you r a i s e y o u r r i g h t h a n d .
- - -
DIANE PINSON
c a l l e d as a w i t n e s s b y a n d on b e h a l f o f t h e
a s follows:
19 y o u r name a n d s p e l l y o u r l a s t name.
21 s p e l l e d P-I-N-S-0-N.
22 DIRECT EXAMINATION
23 BY MS. PEARSON:
24 Q ~ o o da f t e r n o o n .
25 A Good a f t e r n o o n .
Q Would you please tell the jurors where you work,
ma ' am?
Water.
A 22 years.
A Julius Ciaccia.
A That's correct.
Gray?
A Yes.
Mr. Gray.
BY MS. PEARSON:
A Yes.
BY MS. PEARSON:
Q What was the occasion that took you and Mr. Ciaccia
to Sixth Street Down Under?
A No.
Ray Cody.
A No.
A Yes.
Q Now, did there come a time when you and Mr. Ciaccia
and Nate Gray met at the Holiday Inn Express in
Cleveland?
A Yes.
A Yes.
July.
were you?
restaurant?
A Oh, at a table.
1034
A Yes.
dinner?
A A f t e r work.
s a i d you u s e d t h e t e r m hook a s i s t e r u p t o M r . G r a y ?
A Um-hum .
Q What d i d t h a t mean?
A To hook u s u p on t h e room.
t o do?
A Oh, t o p a y f o r t h e room.
A Yes.
room?
A He came down t o my j o b a t 1 2 0 1 L a k e s i d e a n d g a v e i t
t o me.
Q P h y s i c a l l y t e l l t h e j u r y w h e r e you w e r e a n d where
i n t h e parking l o t .
Q How d i d you g e t f r o m y o u r w o r k p l a c e t o t h e p a r k i n g
lot?
A check.
Exhibit 712.
Yes.
Is this -- tell us what it is, please?
Yes.
Oh, because I told Nate how much the room was going
stival?
No.
But at one time you did tell persons while you were
1036
under oath you had also been given cash, didn't you?
A Yes.
A That's correct.
A By Gilbert Jackson.
A Yes.
A Just once.
my son.
your Honor.
clarification.
(;2 What job did Mr. Ciaccia hold at the time that you
and he and Nate Gray were at the table at the Holiday Inn
A He was Commissioner.
CROSS EXAMINATION
BY MR. WHITAKER:
questions.
A Sure.
A Yes.
A Yes.
generosity.
asked her in your own case, and you can ask her
BY MR. WHITAKER:
Q You had told Mr. Gray about how much your son liked
basketball?
A Yes.
Q So when h e had t h e o p p o r t u n i t y t o g e t a c o u p l e
A Yes.
(Z Now, w i t h r e g a r d t o t h e E s s e n c e F e s t , o r w i t h
r e g a r d t o t h e b a s k e t b a l l game, d i d he e v e r s a y a n y t h i n g
A No, n e v e r .
Q Did h e a s k you t o do a n y t h i n g w h a t s o e v e r t o h e l p
him o u t ?
A Never.
Q Was i t y o u r u n d e r s t a n d i n g t h a t i t was j u s t a g i f t
o u t of h i s g e n e r o s i t y ?
A Correct.
Q And t o t h i s d a y h a s h e e v e r a s k e d you t o d o
Water Department?
A NO, never.
that correct?
Q H e ' s t h e D i r e c t o r o f what?
Utilities.
Q Which i n c l u d e s t h e D i v i s i o n of Water?
A Correct.
1040
A That's correct.
MR. WHITAKER: Nothing further.
CROSS EXAMINATION
BY MR. JENKINS:
A That's correct.
MR. JENKINS: I have nothing further.
Shahid Sarwar.
hand.
SHAHID SARWAR
as follows:
1041
t e l l u s y o u r name a n d s p e l l y o u r l a s t name.
DIRECT EXAMINATION
BY MR. DETTELBACH:
Q What ' s y o u r j o b t h e r e ?
A I a m a C a p i t a l P r o j e c t s Manager.
Q How l o n g h a v e you b e e n w i t h t h e C l e v e l a n d D i v i s i o n
o f Water?
A Over 11 y e a r s .
h e l d over t h a t time?
A I was h i r e d a s C h i e f M e c h a n i c a l E n g i n e e r , a n d t h e n
I l a t e r t o o k o v e r a s P r o j e c t Manager o f t h e P l a n t
C a p i t a l P r o j e c t Manager.
Q You r e f e r r e d t o s o m e t h i n g c a l l e d t h e P l a n t
Enhancement Program?
A Yes.
A PEP, P-E-P.
1042
Division of Water.
program?
the contracts.
Q Or her cabinet?
A Yes, or her cabinet.
Q Technical people?
A All technical people.
A No.
companies?
wait for the fee, for the work, for the propose fee for
1045
the work. And fee proposals are then opened and added to
the scores that have been awarded to the engineering
the other.
Q Let me just ask you, have you heard the term oral
interview?
forms, two firms are invited for oral interview. And the
the score that has been set for the technical evaluation
A I'm sorry?
the firm, the scope of work, and the team that's been put
BY MR. DETTELBACH:
signing a contract.
A Yes.
could go to page 7.
Q What is this?
MR. DETTELBACH: Before you blow it up.
document.
A Malcolm Pirnie.
Q Please go on.
A Next one is a fee adjustment, which is the score
A Yes.
A Yes.
A A minus f o u r .
Q So t h a t i s a minus 4?
A Yes.
t h e o r a l interview adjustment?
A A plus 3.5.
t h e d a r k column.
f i r s t two?
CDM h a d a s c o r e o f 6 5 . 8 .
Q So d i d Malcolm P i r n i e g e t t h e c o n t r a c t ?
A No.
f e e p r o p o s a l a f t e r i t was c o m p l e t e d , t h i s r a n k i n g ?
A The f e e -- a f t e r t h i s r a n k i n g was c o m p l e t e d we
forwarded t h i s t o t h e D i r e c t o r f o r c o n s i d e r a t i o n .
my q u e s t i o n s h e r e . A t some p o i n t d i d you h e a r b a c k
s o m e t h i n g on t h i s ?
A Yes.
1054
Projects Manager.
A No.
BY MR. DETTELBACH:
BY MR. DETTELBACH:
BY MR. DETTELBACH:
me."
Q Now, what action did you take?
A I'm sorry, I didn't understand your question.
evaluation.
your head?
A No.
A No.
A No.
Q All right, and who was the one who passed the
message on to the committee that there needed be to a
rescoring?
A I did.
Q Now I want to show you --
MR. DETTELBACH: Now, going back to
BY MR. DETTELBACH:
A The w e i g h t i s n o t shown on t h i s , b u t t h e r e i s
a p p a r e n t l y a g r e a t e r weight a t t a c h e d t o t h e f e e .
Q What d i d i t s a y on t h e l a s t o n e w e l o o k e d a t ?
A I t s a i d f e e weight p l u s f i v e .
Q P e r f e c t s c o r e o r something?
A P e r f e c t s c o r e was p l u s f i v e .
c h a n g e d on t h e o r a l i n t e r v i e w a d j u s t m e n t ?
A The o r a l i n t e r v i e w s c o r e s were c h a n g e d .
A From minus 4 t o p l u s 4 .
Q Had t h e r e b e e n a s e c o n d i n t e r v i e w ?
A No.
P i r n i e w i t h a s c o r e o f 8 2 . 1 , a n d t h e Malcolm P i r n i e s c o r e
was 7 8 .
Q Now, M r . S a r w a r , would t h e a d j u s t m e n t t o t h e f e e
a l o n e have changed t h e r a n k i n g ?
A Yes.
Commissioner of Water.
Q And can you read the -- and just for the record,
I'm the one who highlighted this to make it easier, it's
here?
A Yes.
number 13?
that's included?
1061
A Yes. It is the understanding of the engineering
BY MR. DETTELBACH:
Q You can move a little bit back from the mike, I'm
sorry. Go ahead. Explain the scope and the fee and how
understanding.
work." Which means that the fee that was proposed would
A Malcolm Pirnie.
example?
A No.
CROSS EXAMINATION
BY MR. WHITAKER:
A That's correct.
A That's correct.
A That's correct.
A That's correct.
made.
BY MR. WHITAKER:
A That's correct.
Q And what criteria did you tell them you had been
instructed they should reevaluate?
1064
BY MR. WHITAKER:
A That's correct.
A Yes.
Q The City was pleased with the work that CDM did?
A Very pleased.
well.
BY MR. WHITAKER:
the interview?
THE WITNESS: The committee decided to
to strike.
that?
THE COURT: Yes, I overruled it.
8 were?
11 for.
14 BY MR. DETTELBACH:
17 next.
20 I have no questions.
21 MR. DETTELBACH: I agree. I apologize.
22 MR. JENKINS: That's all right, Steven.
23 - - -
24 REDIRECT EXAMINATION
25 BY MR. DETTELBACH:
Q Were their change orders?
A Yes.
A Yes.
Q And what firm was given that was the firm that was
supposed to win?
A Malcolm Pirnie.
A Yes.
Mike Massie.
DIRECT EXAMINATION
BY MR. DETTELBACH:
A Okay.
A I have.
and amendments.
Q All right. Now, I want to begin by showing you
1070
exhibit 834.
Q What is 834?
A This is the first written document. This actually
written contract?
A Yes.
A Yes.
A It was.
Minneapolis, Minnesota.
A Yes.
before, I apologize.
A Yes.
BY MR. DETTELBACH:
A I do.
Q Yes.
A "Benefit. Any gift of food, goods, services,
that?
A No.
A I do.
there, but not the sub. You don't have to read every sub
acceptance.
Q And four?
A "Persons who act as lobbyists or consultants to
City. "
Q And 7?
display 838.
Q All right.
MR. DETTELBACH: If we could go to page 3.
1077
825.
business conduct.
page 7, please.
A The bullets?
stringent policy."
I'm sorry.
display 839.
Q What is 839?
A It's another professional services agreement. This
A It does.
1080
about before?
A There is.
Q So this one --
MR. DETTELBACH: Please go to the next
page, attachment A.
Q All right. I'll use the screen for it. All right.
Do you recognize what I'm showing you here?
agreement.
A It is.
registration of lobbies?
A It does.
BY MR. DETTELBACH:
administration action.
down.
Gray?
A I have.
A No records existed.
A Yes, I have.
Garland Hardeman.
Hardeman.
A Yes.
821, please.
as if it is the original.
A No.
Q Why is that?
A This wasn't turned over by Honeywell.
A I n t h e b l a c k b a g i n t h e walk i n c l o s e t .
Q Now t h i s p a r t i c u l a r e x h i b i t , was it t u r n e d o v e r by
Honeywell?
A No, i t was n o t .
Q A l l right.
Q Well l e t me a s k you, i s t h i s e x e c u t e d ?
A No, i t was n o t .
t h r o u g h t h i s a n d go t o t h e l a s t p a g e .
s i g n a t u r e s t h e r e a r e and a r e n o t on t h i s one?
A T h e r e i s o n l y one s i g n a t u r e , t h a t ' s o f W i l l i a m
Giamio of Honeywell.
Q Under ETNA?
A There i s n o t h i n g .
Q I s t h e r e a n y d i f f e r e n c e between t h i s o n e w i t h
effectuated?
on a c o n t i n g e n c y .
Q And t h e o t h e r one?
Honeywell.
Q All right. And what year does this one pertain to?
A I can't tell without looking at the signature.
A Yes.
from Honeywell.
until 2003.
'99 is 11,000.
page.
A 2000 is 12,000. 2001 is 180,494.
A I did.
Q Okay.
A And the third one was a potential parking meter
collection contract.
to Reliant.
contract.
A Yes.
809.
Services.
A I do.
process?
A It does.
providers.
other date?
own problems.
setting aside the other ones, could you read just the
third bullet?
operating cost."
A Yes.
912.
And if you could just blow up the top.
A Brent Jividen.
more.
particular receipt.
that down.
Exhibit 851.
Q What is 851?
1095
A This is a letter from Monique McGilbra to Ray
Ehmer.
City of Houston.
proposals to be submitted.
that.
2001.
Q I'm sorry?
A $915.
that up.
Q All right.
MR. DETTELBACH: You can take that down.
Hardeman.
document?
residence.
1097
McGilbra?
that document.
page.
Q Can you tell us what it is?
A This is a letter to Nate Gray from Brent Jividen
partnership agreement."
themselves.
down further.
And the fax number 310-923-1463 from Nate Gray looks like
on November 9th.
Nate Gray.
Q And what's the date of the fax on the top fax line?
A On the top fax is November 8, '01.
SGS Consultants.
services contract?
partnership agreement.
Q And t h e d a t e t h a t M r . Hardeman f i r s t r e g i s t e r e d i n
t h e C i t y o f Houston, a c c o r d i n g t o t h e i r r e c o r d s ?
A I t was n o t u n t i l 2003.
s c r o l l down t o t h e c o m p e n s a t i o n p o r t i o n , p l e a s e .
And j u s t r e a d t h e f i r s t -- t h a t ' s f i n e .
A "The c o r p o r a t i o n a g r e e s t o p a y c o n s u l t a n t a
p e r f o r m a n c e c o m p e n s a t i o n f e e o f one h a l f o f one p e r c e n t
o f g r o s s r e v e n u e r e c e i v e d by t h e Honeywell C o r p o r a t i o n
f o r c o n s u l t a n t s 1 a s s i s t a n c e i n s e c u r i n g e n e r g y management
p a r t n e r s h i p a g r e e m e n t between t h e Honeywell C o r p o r a t i o n
and t h e C i t y of Houston."
Q And keep on r e a d i n g a b o u t t h e d u e d a t e ?
a f t e r t h e C i t y o f Houston h a s o f f i c i a l l y a p p r o v e d t h e
p a r t n e r s h i p agreement."
Q A l l right.
page of t h a t e x h i b i t a g a i n .
And j u s t blow up t h e f i r s t s e n t e n c e o f t h e
t e x t of t h e l e t t e r . J u s t t h e f i r s t s e n t e n c e of t h e
cover l e t t e r .
Q What d o e s i t s a y ?
g r a c i o u s h o s p i t a l i t y and t h e wonderful t i m e w e s h a r e d
t o g e t h e r w h i l e I was r e c e n t l y i n t h e C i t y o f C l e v e l a n d .
w i t h Mike a n d K a r e n . "
Q Is t h e r e a l s o --
MR. DETTELBACH: If you s c r o l l down.
Q I s t h e r e a n o t h e r name l i s t e d i n t h a t p a r a g r a p h ?
A Brent.
Q Okay. Now, i n a d d i t i o n t o t h a t l a s t c o n t r a c t t h a t
w e went o v e r , i n a d d i t i o n t o t h a t s i g n e d c o p y , w e r e t h e r e
a n y o t h e r d r a f t s t h a t were r e c o v e r e d f r o m M r . G r a y ' s
home?
A Yes.
d i s p l a y 820.
i t found?
closet.
to?
A T h i s i s f r o m G a r l a n d Hardeman t o Nate G r a y .
go back up.
1103
agreement.
executed.
next page.
UP.
Q And tell us what is crossed out?
A Honeywell's crossed out.
44120.
top part.
services contract?
909.
Q And specifically?
A In that same black bag.
compensation portion.
agreement say?
ETNA Parking.
Q Now, t a k e u s b a c k t o t h e t i m e l i n e a n d t e l l u s
where w e l e f t o f f on t h e t i m e l i n e .
A We were j u s t r e f e r r i n g t o t h e s i x t h e n t r y a b o v e t h e
line.
Q T h a t ' s 909?
A Yep.
Q And w h a t ' s t h e n e x t d a t e ?
A N e x t d a t e i s November 2 8 t h , 2 0 0 1 . Refers t o
E x h i b i t 808.
Q Okay.
A Which i s t h e b e s t a n d f i n a l p r o p o s a l s u b m i t t e d b y
Reliant.
show 8 0 8 .
A Yes, i t ' s a n e n t i r e b i n d e r .
(Z Where d i d you g e t i t f r o m ?
A T h i s i s t u r n e d o v e r by R e l i a n t p u r s u a n t t o
subpoena.
b e s t a n d f i n a l -- w h a t ' s t h e d a t e , f i r s t o f a l l ?
A November 2 8 t h , 2 0 0 1 .
A Yes.
t h r o u g h , we s e l e c t e d some o u t .
A l l right.
A Yes, u n d e r n e a t h t h e box f o r o t h e r f a c i l i t i e s .
n e x t page, p l e a s e . A l l right.
A I do.
p l e a s e blow t h a t up and s e e i f t h e r e a r e a n y
please. S c r o l l down.
That's fine.
Q T h e r e were r e f e r e n c e s t h e r e t o o ?
Q Were t h e r e a n y r e f e r e n c e s t o Honeywell i n t h i s
part?
member.
1109
Reliant.
Q All right. Now, using the time line, can you tell
us where the wire interceptions then begin on this time
line?
up?
A That's correct.
Exhibit 814.
Garland Hardeman.
it, 1143.
(Tape played. )
BY MR. DETTELBACH:
A Garland Hardeman.
A Yes.
1112
Q All right.
MR. DETTELBACH: Can you please play 1146.
(Tape played. )
A Yes.
A I do.
A I have.
MR. DETTELBACH: Please display Exhibit
801.
A Brent Jividen .
Q All right. Now, you heard some conversation about
1113
specific items. Were there any specific items charged to
center.
Exhibit 803.
this?
amount.
minutes.
(Brief recess. )
seats.
examination.
BY MR. DETTELBACH:
A I am.
A Brent Jividen.
A Yeah, 143.80.
t o t h e t i m e l i n e i n t h e S u p e r Bowl s e q u e n c e .
was b e t w e e n who?
A T h a t was N a t e Gray a n d B r e n t J i v i d e n .
i n t e r c e p t i o n shown on y o u r t i m e l i n e i n v o l v i n g anybody
e l s e a s s i s t i n g t h e S u p e r Bowl?
a n d G a r l a n d Hardeman a n d N a t e Gray a n d G i l b e r t J a c k s o n .
t h a t one?
A T h e r e i s a n o t h e r o n e which i s t h e v e r y n e x t i t e m on
Q And w h o ' s r e f e r e n c e d i n t h a t c a l l ?
A Pardon?
Q Who i s r e f e r e n c e d i n t h a t c a l l ?
A T h i s i s N a t e Gray a n d G a r l a n d Hardeman.
1147.
(Tape p l a y e d . )
BY MR. DETTELBACH:
A That's correct.
Q A l l right. And i s t h e r e t h e n a f o l l o w u p w i t h
Mr. J a c k s o n h i m s e l f a n d N a t e Gray i n v o l v i n g t h i s m a t t e r ?
r e f e r e n c e t o E x h i b i t 1125.
Q Who a r e t h e p a r t i c i p a n t s on t h i s c a l l ?
A N a t e Gray a n d G i l b e r t J a c k s o n .
(Tape p l a y e d . )
Q S p e c i a l Agent M a s s i e , d i d you h e a r a r e f e r e n c e t o
Pampy I s ?
A Yes, I d i d .
Q What i s Pampy's?
Mark?
A Yes.
A Mark M o r i a l .
Q And d i d you h e a r a r e f e r e n c e t a l k i n g a b o u t
upgrading t i c k e t s ?
A Yes, I d i d .
Q Who d o e s J o e J o h n s o n r e f e r t o ?
Q N o w on t h e same d a y , d i d M r . G r a y s p e a k a g a i n w i t h
Mr. Hardeman?
1117
1 A He did.
5 (Tape played. )
11 same call.
12 (Tape played. )
15 A Yes.
A From C l e v e l a n d , Ohio t o N e w O r l e a n s , L o u i s i a n a .
Q And w h a t was t h e d a t e ?
A A l s o on J a n u a r y 3 0 t h , 2002.
(Tape p l a y e d . )
i n any s e a r c h e s r e l a t i n g t o t h e h o t e l ?
A Yes, t h e r e w e r e .
E x h i b i t 828.
And i f you c o u l d b l o w u p t h e t o p p a r t w i t h
t h e w r i t i n g on i t .
Q What i s t h a t a n d w h e r e was i t r e c o v e r e d ?
A T h i s i s a h o t e l b i l l f r o m H o t e l Le C i r q u e i n N e w
backpack.
Q Was t h i s t u r n e d o v e r p u r s u a n t t o G r a n d J u r y
subpoena?
A No, i t was o t .
Q Do you s e e t h e f o l i o b a l a n c e i n t h e l o w e r r i g h t ?
A I do.
A 2369.49.
t h a t down.
t h e r e any i n t e r c e p t i o n s t h a t r e l a t e t o t h e a c t u a l energy
A Yes, t h e r e i s a number.
date.
F i r s t o f a l l when i s t h a t i n r e l a t i o n t o
a c t u a l S u p e r Bowl?
S u p e r Bowl o c c u r r e d on F e b r u a r y 3 r d o f ' 0 2 .
c a l l on t h a t d a t e ?
A N a t e Gray a n d B r e n t J i v i d e n .
(Tape p l a y e d . )
Q S p e c i a l Agent M a s s i e , d i d you h e a r t h a t r e f e r e n c e
a t t h e e n d t o o n e o r two b u i l d i n g s a n d t h e number o f
buildings?
A Yes, I d i d .
Q Now h a d t h e s c o p e o f t h e p r o j e c t b e e n d e t e r m i n e d a t
t h i s point?
A No, i t h a s n o t .
A The B u i l d i n g S e r v i c e s D e p a r t m e n t .
A Monique M c G i l b r a .
r e f e r e n c e t o Rick?
A Yes.
McKee o f f i c e , was t h e r e a R i c k t h e r e ?
Dresser, McKee o f f i c e .
Q And you a l s o h e a r d a r e f e r e n c e t o O l i v e r S p e l l m a n ,
Jr.?
A Yes.
h e named t o a n y p o s i t i o n s ?
t o t h e Mayor o f H o u s t o n .
A Yes.
Q Who was t h e l e a d p e r s o n a t t h i s p o i n t f r o m R e l i a n t ,
t h e l e a d c o n t r a c t o r t o Honeywell s u b ?
A Ray Ehmer.
Q Now, S p e c i a l Agent M a s s i e , w e a r e g o i n g t h r o u g h t h e
time l i n e o n l y a s i t r e l a t e s t o t h e e n e r g y c o n t r a c t . So
right.
saw a c h e c k f o r t h e S u p e r Bowl?
A I do.
A $2,200.
A I t ' s $400 a p i e c e .
Q What i s t h e d a t e t h a t i s l i s t e d a s t h e a c t u a l d a t e
o f t h e game?
A F e b r u a r y 3 r d , 2002.
t h a t down.
Q Now, s i n c e w e are g o i n g t h r o u g h t h i s o n l y as it
r e l a t e s t o t h i s o n e c o n t r a c t , what i s t h e n e x t e n t r y t h a t
S k i p o v e r 8 3 9 on t h e t o p , w e ' v e a l r e a d y d o n e ,
right?
A Pardon?
Q 839 on t h e t o p o f p a g e 2 , w e h a v e t a l k e d a b o u t
that?
A Yes, w e h a v e .
Q A l l right.
1122
A You a r e t a l k i n g a b o u t a b o v e t h e l i n e o r b e l o w t h e
line?
Q Below t h e l i n e ?
Q And who i s o n t h a t p a r t i c u l a r c a l l ?
A T h i s i s Nate G r a y a n d B r e n t J i v i d e n .
Q And I a s k e d you a b o u t t h e e n e r g y s e r v i c e s .
S p e c i f i c a l l y , i s m i s s McGilbra r e f e r e n c e d i n t h i s one?
A She i s .
(Tape p l a y e d . )
BY MR. DETTELBACH:
Q S p e c i a l A g e n t Massie, d i d y o u h e a r a r e f e r e n c e t o
my p e o p l e i s y o u r p e o p l e ?
A Yes.
Q Who was s p e a k i n g ?
A Nate G r a y .
Q I s t h e r e a s p e c i f i c i n t e r c e p t i o n t h a t you h a v e
h e a r d w h e r e s p e c i f i c s u b c o n s u l t a n t s a r e named b y Nate
Gray?
A Yes.
Q To B r e n t J i v i d e n ?
A Yes.
Q Who a r e t h e s p e c i f i c p e o p l e named?
1123
1 A G i l b e r t J a c k s o n , E a r l Brown a n d R e g i n a l d T u r n e r .
2 Q Now, d i d you a l s o h e a r r e f e r e n c e s t o w i n e a n d d i n e
3 Monique?
4 A I did.
5 Q And s c o r e d b i g w i t h h e r ?
6 A Yes.
7 Q Who was s p e a k i n g ?
8 A Nate Gray.
9 Q Now, a n d s p e c i f i c a l l y , d i d you h e a r r e f e r e n c e s t o
10 any c i t i e s t h e r e ?
11 A Yes, Florida.
12 Q A l l right. Now, g o i n g t o t h e t o p on t h e t i m e l i n e ,
13 a r e t h e r e a n y e x h i b i t s t h a t p e r t a i n t o Miami, F l o r i d a ?
15 T h e r e i s a r e f e r e n c e t o E x h i b i t 833, w h i c h i s a n i n v o i c e
16 a n d b a c k u p f o r a t r i p t o Miami f o r N a t e G r a y .
18 A That's correct.
19 Q So t h a t would h a v e b e e n how l o n g b e f o r e t h e c a l l w e
20 j u s t heard?
21 A Five days.
24 l o o k i n g a t on 833?
25 A I t ' s a n ETNA A s s o c i a t e s i n v o i c e b i l l t o H o n e y w e l l ,
1124
A It was.
read it.
Q Is there a description?
A There is.
993.47.
It was.
No.
Tantra.
And then where does it list where it's at?
Total is 981.23.
Q All right.
MR. DETTELBACH: Now, could you go to the
A There is.
down.
A There is.
(Tape played. )
that.
display.
A Yes.
1128
t h a t i n t h i s e x h i b i t as w e l l ?
A T h e r e is.
Q A l l right. Now, d i r e c t i n g y o u r a t t e n t i o n t o
A u g u s t 5 t h of 2 0 0 2 . Is t h e r e a d i s c u s s i o n r e g a r d i n g M i s s
M c G i l b r a a n d t h e t h i n g s t h a t a r e b e i n g provided t o h e r ?
A Yes, t h e r e i s .
Q A n d a r e t h e r e a s e r i e s o f e x c e r p t s on t h e t i m e l i n e
A Y e s , t h a t ' s correct.
1134.
please p l a y --
Q Who's o n t h e c a l l s , I ' m s o r r y ?
A T h i s i s N a t e G r a y and B r e n t J i v i d e n .
(Tape played)
BY MR. DETTELBACH:
Q Who s a i d t h e w o r d s v o l u m e o f b u s i n e s s ?
A Nate G r a y .
(Tape played. )
Q All right. And did you hear a reference to a
thousand dollar dinner?
A I did.
(Tape played. )
A Gilbert Jackson.
again.
BY MR. DETTELBACH:
services contract?
Q And d u r i n g t h i s p e r i o d o f t i m e d i d M r . G r a y h a v e a
b u s i n e s s r e l a t i o n s h i p w i t h them a l s o ?
A With CDM, y e s .
(Tape p l a y e d . )
Monique McGilbra a r e p u b l i c d o c u m e n t s ?
A Nate Gray.
Q Is t h e r e a f o l l o w up phone c a l l w i t h B r e n t J i v i d e n
on t h e e - m a i l i s s u e w e j u s t h e a r d ?
A There i s .
Q And which e x h i b i t i s t h a t ?
j u s t p l e a s e p l a y 1159.
(Tape p l a y e d . )
Q So o t h e r t h a n R i c k C l o u t i e r , i s t h e r e a n o t h e r CDM
employee m e n t i o n e d h e r e ?
A Gilbert.
i n t e r c e p t i o n s , i s t h e r e a Ray i n v o l v e d h e r e ?
A Ray Ehmer.
Q And i n N e w O r l e a n s i s t h e r e a n o t h e r Ray?
project.
Q And they don't use the last name, correct?
A That's correct.
Q Now, did you hear Mr. Gray mention the name early
on 1157?
A I did.
A There is.
MR. DETTELBACH: Please play 1161.
(Tape played. )
mentioned?
(Tape p l a y e d . )
A I did.
Q Who a s k e d t h a t q u e s t i o n ?
A N a t e Gray a s k e d t h a t q u e s t i o n .
Q Now, i s t h e r e a n y p a p e r e x h i b i t , d o c u m e n t , t h a t you
have recovered t h a t r e f e r r e d t o t h a t a l s o ?
A There i s .
830.
m u l t i - p a g e document t h a t we a r e g o i n g t o g o t h r o u g h . So
A 830 i s a , i t ' s a s e r i e s o f d i f f e r e n t l e t t e r s a n d
residence.
Q Where?
A I n a b l a c k b a c k p a c k w h i c h was l o c a t e d i n h i s
closet.
Q Were t h e s e d o c u m e n t s t u r n e d o v e r p u r s u a n t t o Grand
J u r y subpoena?
A No, t h e y were n o t .
A I do.
Q And d o you s e e t h e r e f e r e n c e t o t h e s c h o l a r s h i p
A L i n d a L o r e l l e S c h o l a r s h i p Fund.
Q I s it s i g n e d a t t h e b o t t o m ?
A I t ' s s i g n e d b y Monique.
t h a t document w i t h t h e w r i t i n g o n i t .
Q And w h a t ' s t h e h e a d i n g h e r e ?
A Monique, u n d e r l i n e d .
(1 And w h a t d o e s t h e f i r s t b u l l e t p o i n t s a y ?
"her s i s t e r " .
A Second b u l l e t p o i n t i s g r i l l .
d o c u m e n t s r e l a t e d t o t h e Honeywell p r o j e c t s ?
A Yes.
1135
One b a c k , t h i s i s t h e s e c o n d p a g e a n d t h e n
what i s t h i s .
s e c o n d p a g e o f t h e l e t t e r , g o i n g g o back t o where
you were.
Q And t e l l u s , what d o e s t h i s l e t t e r r e l a t e t o ?
Q Now, t h e r e i s a l s o a r e f e r e n c e on t h a t b u l l e t l i s t
A I did.
t h i s exhibit.
Q What i s p a g e 2 ?
Nate. "
r e l a t e t o t h e Houston r e c e i p t you t a l k e d a b o u t e a r l i e r ?
A I t ' s two d a y s l a t e r .
BY MR. DETTELBACH:
Q Okay.
MR. DETTELBACH: You can take that down.
Exhibit 11 --
McGilbra.
(Tape played. )
relationship"?
that down.
employment?
A There is.
Q Who is that?
A Nate Gray has a conversation with Stan Broussard in
A It is.
Square.
palm happened.
exhibit --
line?
1138
A You h a v e t o t u r n t o t i m e l i n e C .
Q A l l right. So t u r n t h e p a g e .
Q A l l right. So t h e o t h e r e x c e r p t s a r e t h e same
e x c e r p t s o f t h a t same c a l l ?
A They a r e .
MR. DETTELBACH: So p l e a s e p l a y j u s t 1 1 7 8 .
(Tape p l a y e d . )
Q S p e c i a l Agent M a s s i e , l o o k i n g b a c k a t t h e t i m e
line. The n e x t g r o u p o f c a l l s r e l a t e t o a n o t h e r
line?
A Yes, t h e y d o . They r e l a t e t o t h e p a r k i n g s h u t t l e
bus c o n t r a c t .
Q S k i p o v e r t h o s e f o r now s o w e c o u l d d o t h o s e i n
sequence. W h a t ' s t h e n e x t c a l l on t h e t i m e l i n e i n
sequence t h a t r e l a t e s t o M i s s McGilbra.
L e t m e j u s t d i r e c t y o u r a t t e n t i o n t o 1 1 6 8 , on
A I do.
Q Who i s t h a t b e t w e e n ?
A T h i s i s b e t w e e n N a t e Gray a n d G i l b e r t J a c k s o n .
1168.
(Tape p l a y e d . )
Q And where was the receipt from during the
Browns/Ravens football game?
A Approximately $4,600.
A There is.
(Tape played. )
816.
Q You s a y s e i z e d , was t h i s t u r n e d o v e r p u r s u a n t t o
subpoena?
A No, w e g o t i t from t h e s e a r c h w a r r a n t .
Okay. Now w i t h r e s p e c t t o t h i s p a r t i c u l a r
i n t h e t o p m i d d l e , what t h e h e a d i n g o f t h i s i s ?
UP.
A I t s a y s , " s u p p l i e r p a i d i n v o i c e h i s t o r y between
Q Do you s e e a n y r e f e r e n c e s t o Monique?
A No, I do n o t .
Q On t h e e x h i b i t ? D i r e c t i n g your a t t e n t i o n t o t h e
bottom?
A Yes, I d o .
Q C o u l d you p l e a s e r e a d what t h a t s a y s ?
A I t says, "resubmit with expense r e c e i p t s f o r
Monique S u p e r Bowl."
Q And t h e r e i s a n a r r o w t h e n f r o m t h a t ?
A I see t h a t .
Q And what d o e s it p o i n t t o ?
1141
A I n v o i c e number 760, A u g u s t 1, f o r f i v e t h o u s a n d .
offices?
A Yes. T h i s i s i n t h e s e a r c h o f t h e ETNA o f f i c e s .
Q And S p e c i a l Agent M a s s i e , i s t h e r e a n o t h e r
c o n v e r s a t i o n b e t w e e n M r . Gray a n d M r . J i v i d e n on t h i s
s u b j e c t , t h i s $5,000 i n v o i c e ?
A There i s .
from 10/8/02.
(Tape p l a y e d . )
down t h e r e ?
A Nate Gray.
Q Now, S p e c i a l Agent M a s s i e , o t h e r t h a n t h e S u p e r
Bowl, a r e t h e r e a n y o t h e r d o c u m e n t s r e g a r d i n g p u r c h a s e s
made b y M r . Gray?
A Yes, t h e r e a r e .
841?
A T h i s i s a r e c e i p t from a L o u i s V u i t t o n s t o r e .
A Marriott Hotel.
A There are.
Q Okay.
A About the middle of the page.
Q Under 12/18/02?
A Yes.
Q All right.
MR. DETTELBACH: Please play 1180.
(Tape played. )
1143
Q A l l right. And w h a t i s t h e n e x t c a l l i n t h e
sequence?
A 1181.
(Tape p l a y e d . )
Q And t h e n w h a t i s t h e t h i r d c a l l i n t h e s e q u e n c e ?
A 1182.
Q And who i s on 1 1 8 2 ?
A T h i s i s a c o n v e r s a t i o n b e t w e e n N a t e Gray a n d
Monique M c G i l b r a .
(Tape p l a y e d . )
A Nate Gray.
A T h a t ' s t h e p h a s e a n d p r o j e c t number f o r t h e e n e r g y
contract.
Q Now, a f t e r M r . G r a y a n d M i s s M c G i l b r a h u n g u p t h e
p h o n e , what d i d N a t e Gray d o ?
A H e c a l l e d up B r e n t J i v i d e n .
Q And what e x h i b i t i s t h a t ?
A 1183.
(Tape p l a y e d . )
A I have.
Q All right.
display 846.
A That's correct.
A Yes.
(Tape played. )
lawyer?
A They did.
(Tape played. )
A There is.
Q And who i s on t h i s c a l l ?
1195.
(Tape p l a y e d . )
p u b l i c o f f i c i a l t h a t s i g n s t h e MOU?
conversation about t h a t ?
A They d o .
Q Where i s t h a t on y o u r t i m e l i n e ?
A 1196.
Q Is t h a t t h e n e x t d a y ?
A It is.
(Tape p l a y e d . )
taking place?
A He d o e s . Brent J i v i d e n .
Q When i s t h a t .
A That's correct.
exhibit 850.
824.
A I do.
Q Where is that?
(The witness marked it.)
A Home.
the document?
A It is.
t h e p e r s o n who h e a d e d t h e Honeywell o f f i c e i n C l e v e l a n d ?
A W i l l i a m Giamio.
Q Do you s e e a n y r e f e r e n c e s t o B i l l o r B i l l G ?
A T h e r e i s a B i l l Giamio t h e r e , B i l l G .
Q Do you s e e a n y r e f e r e n c e s on t h i s p a g e t o
subagreements?
A Right there.
Q And what d o e s i t s a y ?
A "Subagreements colon, C i n c i . Says m e t e r i n g
s e r v i c e s s l a s h G i l b e r t s l a s h E a r l Brown."
n e x t page, p l e a s e ?
Q Read t h e t h i r d b u l l e t p o i n t ?
A I t says, "Houston, c o l o n , B r e n t a n d I t o s e t up
m e e t i n g w i t h Monique i n H o u s t o n t o d i s c u s s w h e r e we a r e
a n d w h e r e we n e e d t o b e s h o r t a n d l o n g t e r m . "
Q And w h a t ' s t h e d a t e on t h e t o p o f u p p e r l e f t o f
t h i s document?
A 4/30/02.
Q And t h e n i s t h e r e a l s o a r e f e r e n c e t o t h e C i t y o f
Cincinnati.
Q All right.
MR. DETTELBACH: Can you go to the next
page, please?
next page.
bullet point.
BY MR. DETTELBACH:
Q L e t ' s be c l e a r . Does i t j u s t s a y G i l b e r t h e r e ?
A It does.
Q I f you c o u l d , what i s t h e f i r s t r e f e r e n c e t o
Gilbert? C o u l d you r e a d t h a t ?
itself.
l a s t b u l l e t p o i n t s o it c o u l d be r e a d .
Don't r e a d it o u t l o u d .
Q And j u s t t o b e c l e a r , w h e r e d o e s E a r l Brown l i v e ?
A H e l i v e s i n Fresno, C a l i f o r n i a .
Q A l l right.
Now, S p e c i a l Agent M a s s i e , o n p a g e 3 o f t h a t
document t h e r e were r e f e r e n c e s t o s u b a g r e e m e n t s u n d e r t h e
heading Brent?
A Yes.
E a r l Brown?
A That's correct.
1153
Q Is t h e r e a n i n t e r c e p t e d c a l l w h e r e N a t e G r a y and
B r e n t J i v i d e n discuss s u b a g r e e m e n t s w i t h these t w o
people?
A Yes.
Q What e x h i b i t n u m b e r i s t h a t ?
A 1162.
dated 8 / 2 3 / 0 2 .
( T a p e played. )
need a recess?
i s o n e m o r e d o c u m e n t a n d t h e n I t h i n k w e w o u l d be a t
a r e a l l y good b r e a k i n g p o i n t .
BY MR. DETTELBACH:
i s t h e r e a n y o t h e r l i s t s t h a t w e r e recovered i n t h e
searches?
A Yes, there w e r e .
Q A n d r e f e r r i n g you t o E x h i b i t 8 4 5 .
that.
i t recovered?
1154
A T h i s i s a -- i t ' s d a i l y l i s t s w h i c h w e r e r e c o v e r e d
f r o m t h e s e a r c h i n N a t e G r a y ' s h o u s e i n t h a t same b l a c k
Q Was ETNA P a r k i n g o n e t h e e n t i t i e s s u b p o e n a e d ?
A I t was.
A I t was.
Q And were a n y o f t h e s e t u r n e d o v e r p u r s u a n t t o
subpoena?
A No, t h e y were n o t .
Q The f i r s t p a g e , w h a t ' s t h e h e a d i n g a t t h e t o p o f
t h e page of t h e d a i l y o r g a n i z e r ?
A I n t h e b l o c k t h e name G i l b e r t .
a n y r e f e r e n c e s --
i n t h e middle o f t h e p a g e a c t u a l l y .
S u p e r Bowl?
A I do. I n t h e margin.
A T h e r e i s t h r e e names l i s t e d , T e r r y S t e w a r t , Monique
A Honeywell. I n p a r e n s , N e w O r l e a n s , Housing
Q And t u r n i n g f r o m t h e p a g e h e a d i n g G i l b e r t t o t h e
n e x t page, p l e a s e .
Do you see a n y r e f e r e n c e s t o G i l b e r t h e r e ?
m e e t i n g G i l b e r t 1 : 3 0 a t Pampy's.
b e i n g m e n t i o n e d anywhere on t h e r e c o r d i n g ?
MR. DETTELBACH: Go t o t h e n e x t p a g e ,
please.
A l l right. And b l o w u p t h e t o p w h e r e
there is writing.
Q And d o you s e e t h e h e a d i n g on t h i s p a g e ?
A Yes, t h i s o n e i s h e a d e d Onunwor i n b l o c k s .
Q And w h a t ' s t h e t h i r d b u l l e t ?
A Ralph T y l e r . And t h e n i n p a r e n s , e n g i n e e r o f
record.
calendar.
A I do right there.
Trenton.
adjourn .
C E R T I F I C A T E
G X ~ -
~YchardG. DelMonico
Official Court Reporter
568 U.S. Courthouse
Two South Main Street
Akron, Ohio 44308
(330) 375-5666
1 I N D E X
2 OPENING STATEMENTS:
On bejialf o f the G o v e r n m e n t ................... 142
3 On b e h a l f of Defendant Jones .................. 189
On b e h a l f o f Defendant Gray ................... 203
4 On beilalf o f D e f e n d a n t J a c k s o n . . . . . . . . . . . . . . . . 3 1 1
- - -
VOLUME V
- - - $J !-:
:. ,
( -1
APPEARANCES: - z
L ,,--4
For the Government: BENITA Y. PEARSON, ESQ.
STEVEN M. DETTELBACH, ESQ.
MARY K. BUTLER, ESQ.
Assistant U.S. Attorneys
U.S. Courthouse - Suite 400
801 W Superior Avenue, East
Cleveland, Ohio 44113
their seats.
your examination.
- - -
DIRECT EXAMINATION (Continued)
BY MR. DETTELBACH:
A I have.
Brown.
Brown?
A There are.
(Tape played. )
A Yes, I have.
documents e v i d e n c i n g a n y t h i n g p r o v i d e d t o O l i v e r
Spellman?
A Yes, I have.
bottom numbers.
Q What i s 902?
Bank a c c o u n t s , made o u t t o t h e R i o S u i t e s H o t e l a n d
C a s i n o , J u l y l o t h , 2002, f o r $ 5 9 6 . 2 3 .
located?
A L a s Vegas, Nevada.
i s i n t h e name o f O l i v e r S p e l l m a n . I n t h e middle of t h e
b i l l you see a c h e c k w h i c h c o i n c i d e s w i t h t h e c h e c k
(Tape played. )
BY MR. DETTELBACH:
the First Transit team, which was the joint venture which
contract.
(Tape played. )
A Yes.
A He's p a r t n e r s w i t h J a c k S a n t o .
Q Now, d i d you f i n d a n y t h i n g i n a n y s e a r c h e s r e l a t i n g
t o t h e i n c e n t i v e program?
A Yes, I did.
page. A l l right.
A T h i s was f o u n d i n t h e s e a r c h w a r r a n t e x e c u t e d i n
t h e ETNA o f f i c e s .
A T h i s o n e s a y s , H o u s t o n RAC, 3 , 0 0 0 h o l d J i m L o r r o c c o
f o r E a r l Brown.
Q Now g o i n g b a c k t o t h e t i m e l i n e a n d t h e c a l l s .
What's t h e n e x t c a l l i n t h e sequence?
A T h e r e i s a c a l l a t t h a t v e r y same d a y . This is
b e t w e e n N a t e Gray a n d E a r l Brown.
Q And i s t h a t E x h i b i t 1 2 0 6 ?
A That's correct.
(Tape p l a y e d . )
BY MR. DETTELBACH:
sequence?
Santo.
(Tape p l a y e d . )
Q And d i d y o u h e a r M r . G r a y s a y h e was g o i n g t o c a l l
E a r l t h e next day?
A Yes, I did.
Q D i d he?
A Y e s , he d i d . If y o u l o o k a t S e p t e m b e r 4 t h , 2002,
b e t w e e n Nate G r a y a n d E a r l Brown.
(Tape p l a y e d . )
BY MR. DETTELBACH:
Q And S p e c i a l A g e n t M a s s i e , d i r e c t i n g y o u r a t t e n t i o n
back t o t h e t i m e l i n e , w h a t ' s t h e f i n a l c a l l on t h i s
sequence?
A I f you g o f o r w a r d f i v e d a y s l a t e r t o S e p t e m b e r 9 t h ,
a n d C r a i g Smedman, w h e r e h e r e l a y s t h e i n f o r m a t i o n f r o m
E a r l Brown.
James Lorrocco.
(Tape played) .
Q All right.
A And 1216.
(Tape played. )
through 12.
Q And when t h e y a r e t a l k i n g a b o u t t h e p o l i t i c a l
i n f l u e n c e o f p e o p l e t a k i n g o f f e n s e , a t l i n e 4, what d o e s
Mr. Gray s a y ?
A H e s a y s , yeah, b u t I have t o t a k e o f f e n s e t o it
b e c a u s e , you know, w e a r e p a y i n g f o r , a h .
And t h e n L o r r o c c o r e s p o n d s , r e p r e s e n t a t i o n .
Q W h a t ' s t h e n e x t two l i n e s ?
And L o r r o c c o s a y s , t h a t w e d i d n ' t g e t .
Q And w h a t ' s t h e n e x t c a l l i n t h i s s e q u e n c e ?
A There i s a series o f c o n v e r s a t i o n s t h a t o c c u r r e d
a c a l l b e t w e e n N a t e G r a y a n d C r a i g Smedman.
(Tape p l a y e d . )
Q And t h e n w h a t was t h e n e x t c a l l i n t h e s e q u e n c e ?
A 1 2 1 9 , c o n v e r s a t i o n b e t w e e n Nate G r a y a n d J i m
L o r r o c c o , v e r y same d a y .
Q And w h a t E x h i b i t Number i s i t ?
A 1219.
1219.
(Tape p l a y e d . )
A There are.
Spellman.
A They did.
(Tape played. )
contract.
maintenance contract.
Spellman.
A Chief of Staff.
MR. DETTELBACH: Please play the call 1211
(Tape played. )
about something?
A Yes.
A The h o t e l s t a y o c c u r r e d b e t w e e n S e p t e m b e r 2 0 t h a n d
September 22nd. So t h i s i s t h e d a y b e f o r e t h e a r r i v a l
d a t e i n Vegas.
Q And d i r e c t i n g y o u r a t t e n t i o n t o t h e o t h e r s i d e of
t h a t t i m e f r a m e , a f t e r t h e 22nd, w h a t ' s t h e n e x t c a l l i n
t h i s sequence?
Q Who i s on t h i s c a l l ?
A A l s o Nate Gray a n d O l i v e r S p e l l m a n .
(Tape p l a y e d . )
A Yes, I d i d .
Q W h a t ' s t h e n e x t column i n t h e s e q u e n c e ?
A I f you g o t o S e p t e m b e r 2 5 t h , 2 0 0 2 , t h e r e i s a
r e f e r e n c e t o E x h i b i t 1214, which i s a c o n v e r s a t i o n
b e t w e e n N a t e Gray a n d S t a n l e y B r o u s s a r d .
Q And who i s S t a n l e y B r o u s s a r d ?
A He's a n a t t o r n e y i n H o u s t o n , T e x a s , who i s a l s o
l o o k i n g t o become a m i n o r i t y b u s i n e s s e n t e r p r i s e .
(Z And h a v e we p l a y e d a n y c o n v e r s a t i o n s w h e r e h e ' s
been recorded b e f o r e ?
A We h a v e .
Q Which o n e w a s that?
A The conversation in which the grease the palm
(Tape played. )
Broussard.
(Tape played. )
Q Who is that?
A That's the representative from APCOA.
(Tape played. )
Q And Special Agent Massie, did you hear Mr. Gray say
1174
that the company should have gone to Oliver through him?
A Yes.
11/19/02.
(Tape played. )
lobbyist in Houston?
Honor.
BY MR. WHITAKER:
A Good morning.
A Okay.
A That's correct.
A Yes.
Q I n f a c t , he has a l l kinds of n o t e s l i k e t h i s . We
t e s t i f i e d about a s w e l l , i s t h a t r i g h t ?
A That's correct.
correct.
question.
BY MR. WHITAKER:
created, right?
created?
stuff?
A That's correct.
BY MR. WHITAKER:
they did?
objection.
BY MR. WHITAKER:
Q And documents?
A Yes.
1179
approved?
things.
expenses?
A I would assume so, yes.
that correct?
A I'm sorry, can you rephrase it?
Q Yes.
You know that there are receipts for dinners
BY MR. WHITAKER:
BY MR. WHITAKER:
documents.
knowledge.
once.
follows : )
it.
sporting events.
paid for.
of this conduct.
knowledge of it.
foundational questions.
THE COURT: I'm suggesting you can go into
BY MR. WHITAKER:
no.
contractual documents.
identified?
A Yes.
this case?
A Yes.
A Yes. That was the March, 2002, they did not turn
that over.
not at you.
And you testified and identified the Houston
loss, right?
aren't you?
A Yes.
approach.
follows:)
cross examination.
travel.
doing --
right.
as you might.
papers.
A Sure.
A Checks, yes.
about reimbursement.
Brown?
A Directly?
A Subpoena.
subpoena.
Q Yes.
1192
A No.
A That's correct.
Q Subcontractor, okay.
And both First Transit and ETNA, obviously
singularly.
BY MR. WHITAKER:
that both First Transit and ETNA were aware that Earl
A That's correct.
A Yes.
Q Did you --
THE COURT: Let me just ask for a second.
BY MR. WHITAKER:
process politically?
A Not to my knowledge.
1195
office.
A Earl Brown.
A No.
BY MR. WHITAKER:
brother.
objection.
robber.
question.
your Honor.
Exhibit M.
1198
Is that something you recovered from, in your
BY MR. WHITAKER:
Houston.
Q Yes.
A Yes.
A Yes, I can.
A It is.
Q Okay. And you can tell that because when you say
Bates stamp, you are talking about that DSD 000513,
right?
them over.
that correct?
Is that correct?
A That's correct.
A Yes.
1200
Q What is it?
A That's the master agreement between Reliant Energy
Q From Reliant.
A Yes.
Honor.
questions?
CROSS EXAMINATION
BY MR. JENKINS:
the wiretap?
A Nate Gray.
A Nate Gray.
agrees to.
no.
BY MR. JENKINS:
no.
that?
mayors.
called in.
A Yes.
court?
BY MR. JENKINS:
(2 Monique McGilbra?
A That's correct.
the tickets.
Q All right.
Now, do you recall at some point in a
case?
A February 3rd.
Q February 3rd.
And do you recall Gilbert Jackson in a
conversation with Nate Gray asking, what's the name of
Q Right.
A I think he indicated Monique.
A That's correct.
specific question.
A Yes.
sure.
surveillance?
Q NO, no.
My question was, in terms of Monique McGilbra
Q Yes.
A Jim Lorrocco, Jack Santo, Craig Smedman, and ETNA
Parking.
Brown?
A That's correct.
1207
A Not to my knowledge.
please.
Q Sure.
In terms of Mr. Jackson, my client, in terms
on those basis?
Q Yes.
A No.
- - -
REDIRECT EXAMINATION
BY MR. DETTELBACH:
Q Is y o u r i n v e s t i g a t i o n completed?
MR. J E N K I N S : Objection.
BY MR. DETTELBACH:
Q A n d i s t h e C l e v e l a n d o f f i c e of t h e F B I t h e o n l y
o f f i c e of t h e F B I ?
Q Now M r . J e n k i n s a s k e d y o u some q u e s t i o n s r e g a r d i n g
t h i s , a n o t h e r congressman?
A Yes.
Q A n d t o be c l e a r , w h o w a s s p e a k i n g d u r i n g t h a t p a r t ?
A Nate Gray.
Q A n d who w a s h e s p e a k i n g a b o u t ?
A Gilbert Jackson.
Q Now, h e a l s o a s k e d y o u some q u e s t i o n s r e g a r d i n g
S u p e r Bowl t i c k e t s ?
A Yes.
A Yes.
McGilbra's position?
A Yes.
BY MR. DETTELBACH:
2 I said.
4 Q J u s t t o f o c u s y o u r a t t e n t i o n , d o you remember t h e
5 b i r t h d a y , happy b i r t h d a y p h o n e c a l l ?
6 A I do.
7 Q A t t h e v e r y e n d o f t h a t phone c a l l , what's t h e l a s t
8 t h i n g M r . J a c k s o n a s k e d Miss M c G i l b r a ?
9 A H e a s k e d i f s h e was p a y i n g C D M ' s c h e c k s o n t i m e .
13 reconvene.
14 I would a s k t h e a t t o r n e y s t o a p p r o a c h
15 once.
16 - - -
17 (The f o l l o w i n g s i d e b a r c o n s i s t i n g o f
18 p a g e s 53 t o 58 was f i l e d Under S e a l w i t h
19 t h e Court.)
20
21
( T h e f o l l o w i n g d i s c u s s i o n was
c o n d u c t e d a t s i d e b a r , b e t w e e n c o u r t and
c o u n s e l , o u t s i d e t h e presence of t h e
jury.
bit. Y o u had f i l e d t h i s , i t s e e m s l i k e a n
a d d i t i o n a l m o t i o n r e l a t i v e t o t h e T i t l e 111.
g o t t e n that, r i g h t ?
document, y o u r Honor.
get a r e s p o n s e i n ?
of t i m e . I mean, m o n t h s o u t of t i m e .
i t w a s n e w l y discovered evidence.
was filed.
gathered earlier.
motion.
point.
1214
MR. WHITAKER: Actually it does. And what
Jones.
portion.
value.
value?
witness.
MONIQUE McGILBRA
as follows:
THE COURT: Please take a seat. And after
last name.
THE WITNESS: Monique McGilbra.
M-C-capital G-I-L-B-R-A.
DIRECT EXAMINATION
BY MS. BUTLER:
Q And what i s y o u r d e g r e e i n ?
A I h a v e a B a c h e l o r o f S c i e n c e d e g r e e i n Home
Economics.
Q Where d i d you go t o s c h o o l .
A Texas Southern U n i v e r s i t y .
Q Do you h a v e c h i l d r e n ?
A I do.
Q T e l l us t h e i r ages?
A I h a v e two c h i l d r e n . My d a u g h t e r T a y l o r i s 1 4 y e a r
o l d , a n d my s o n E l l i o t t i s 1 2 .
Q And a r e you m a r r i e d ?
C i t y o f Houston?
A Yes, t h e r e d i d .
Q A p p r o x i m a t e l y when d i d you s t a r t ?
A I s t a r t e d i n January of 2000.
Houston?
A I was employed f o r a l i t t l e o v e r t h r e e y e a r s .
A I l e f t i n April, 2003.
Q P r i o r t o w o r k i n g f o r t h e c i t y , d i d you work i n
private industry?
1219
Services Department.
to accept gifts.
A Yes.
Q What is that?
A Executive orders from the Mayor of the City of
Houston.
A Yes, it is.
Department?
Q Now, tell the members of the jury why you left your
city job in April of 2003?
private sector.
A Yes, I was.
A I did.
A Yes, I did.
bribery.
A Yes, it was.
1460.
BY MS. BUTLER:
A Yes, I did.
A Yes.
department.
Reliant.
responsibility?
A Absolutely.
A The judge.
A Yes, I was.
Director?
A Yes.
A Rick Cloutier.
first part was the supply side, and the second part was
2001?
A Yes.
A Yes, I was.
supervising?
Honeywell.
services agreement.
Q Now, when did you know that Mr. Hardeman had this
them.
initially, and was now the Chief of Staff for the Mayor,
Honeywell.
time .
A Yes, I was.
A Yes.
McKee in Houston?
A Yes.
A Yes, I do.
Q Would you point him out?
1232
A He's standing.
Mr. Gray.
meet.
f r i e n d s a n d t h e y u s e d t o h a n g o u t a n d , you know, r u n
together i n Cleveland.
And h e i n t r o d u c e d m e a s h i s c o l l e a g u e i n
Houston.
Q Was t h e r e a n y o n e e l s e t h e r e t h a t you c a n r e c a l l a s
p a r t of your group?
A Not r e a l l y .
A I don't recall.
t i m e t a l k i n g a b o u t t h e good o l d d a y s i n C l e v e l a n d when
O l i v e r S p e l l m a n worked h e r e a s t h e P a r k s D i r e c t o r i n
Cleveland.
So I w a s f a s c i n a t e d i n l i s t e n i n g t o them
t a l k i n g a b o u t p o l i t i c s i n C l e v e l a n d a n d how t h e y u s e d t o
r u n t h i n g s i n C l e v e l a n d when t h e y were h e r e t o g e t h e r .
And t h e n w e s t a r t e d t a l k i n g a b o u t s p o r t s a n d
Houston u s e d t o h a v e a t e a m c a l l e d t h e O i l e r s a n d t h e y
a n d C l e v e l a n d Browns a n d t h e H o u s t o n O i l e r s a n d w e t a l k e d
1234
about football.
Q Now, did you hear from Mr. Gray after you left
A I did.
A Yes.
this time.
Q Did there come a time when you did talk to Mr. Gray
about the trip to Cleveland?
A Yes.
and then I called Nate and said, guess, you know, I'm
football game.
that so, you know, I would be coming with the team and --
with the work team, and then I would just stay on after
Q With Mr. Gray when you told him you were coming to
Cleveland?
Q At some point did you tell Mr. Gray that you would
1237
A Yes, it was.
Department?
Houston.
worked for me at the city, and Sean Tenneu, who was the
1239
Rick Cloutier.
Q Now what did you do after the Rock and Roll Hall of
Fame tour?
A No.
assumed, I took him for his word that it was all handled.
A Yes, he did.
A He lived in California.
A Nate did.
Q And what d i d t h e g i f t c a r d s a y ?
t h e r e was a g i f t w a i t i n g f o r me t h a t I had t o go p i c k up
a t t h e g i f t shop.
A No.
down i n t h e F l a t s , I t h i n k .
before?
Honeywell, b u t a s a f r i e n d of Nates.
A Urn-hum .
Q And M r . Gray and h i s g i r l f r i e n d V a l e r i e ?
A Yes.
A Yes.
1242
Q Did you t a l k a b o u t a n y c i t y b u s i n e s s a t t h e b r u n c h ?
A No.
Q A f t e r t h e b r u n c h -- w e l l , d i d you p a y f o r y o u r m e a l
a t t h e brunch?
p i c k e d up t h e t a b .
Q A f t e r b r u n c h , d i d you g o t o t h e game?
A Yes.
Q How d i d you g e t t h e r e ?
A T h e r e was some s o r t o f w a t e r t a x i t h a t we r o a d f r o m
t h e r e s t a u r a n t t o t h e stadium.
t h e t i c k e t s a l l r e a d y f o r you?
A Yes. Nate h a d t h e t i c k e t s .
A I did.
Q And w h a t was y o u r p u r p o s e i n b e i n g a t t h e s t a d i u m ?
A To e n j o y t h e f o o t b a l l game.
Q Was t h e r e a n y o f f i c i a l b u s i n e s s t o b e c o n d u c t e d
t h e r e , t o y o u r knowledge?
some d i s c u s s i o n o f c i t y b u s i n e s s ?
o v e r a n d s t a r t e d t o s e l l h i s company t o m e , and s t a r t e d
1243
with that, and so tell him to stop doing that. And then
A No.
A Yes.
A I did. I did.
A I d o n ' t remember.
t h e g i f t c a r d a n d t h e r o b e a b o u t who was p i c k i n g u p y o u r
e x p e n s e s f o r t h e weekend?
A Well, y e a h . A f t e r t a l k i n g w i t h B r e n t a t t h e game
a n d t h e n g e t t i n g t h e g i f t , t h e l i g h t w e n t on t h a t , t h a t
o b v i o u s l y t h i s whole t h i n g was s o r t o f a s e t u p , a n d t h a t
t h a t was t h e p u r p o s e o f Honeywell b e i n g a r o u n d o r B r e n t
Q A f t e r y o u r l i t t l e s h o p p i n g t r i p , d i d you g o t o t h e
airport?
A I did.
Q And d i d M r . Hardeman g o t o t h e a i r p o r t ?
A He did.
A I t h i n k we went s e p a r a t e l y .
A I was.
Q And was h e r e t u r n i n g t o C a l i f o r n i a ?
A Yes.
you h a v e a c o n v e r s a t i o n w i t h Hardeman a b o u t w h e t h e r h e
c o n d u c t e d b u s i n e s s t h a t week?
1246
specifically.
consultant?
A Yes, it was.
A Yes.
department.
asked him to help them with their fire station bid. And
contract.
recommendation.
A Yes, it is.
t i c k e t s from R e l i a n t Energy?
A Yes.
A Yes.
a t r i p t o San A n t o n i o , T e x a s ?
A Yes.
E n e r g y S e r v i c e s D e p a r t m e n t a f t e r you r e t u r n e d f r o m y o u r
C l e v e l a n d f o o t b a l l weekend i n O c t o b e r o f 2001.
P l e a s e t e l l t h e members o f t h e j u r y what t h e
s t a t u s w a s of s e l e c t i o n f o r t h e energy s e r v i c e s c o n t r a c t
a t t h e e n d o f O c t o b e r o f 2001?
A W e h a d s h o r t l i s t e d t h r e e f i r m s a n d w e were
accepting proposals.
A Camp, D r e s s e r , M c K e e .
know?
A E n r o n , TXU o u t o f D a l l a s / F o r t Worth, a n d R e l i a n t .
(2 What h a d h a p p e n e d t o Enron d u r i n g t h e s e l e c t i o n
process?
A Upon them a c t u a l l y t u r n i n g i n t h e i r b e s t a n d f i n a l
1250
proposal, then Enron collapsed, and so they pulled out.
Mr. Ehmer?
proposal?
proposal.
question.
of the selection.
competitors?
would be successful.
A Yes, I did.
Q And?
A And we got approved.
contract?
demand.
identify projects.
implementation or construction.
contractor.
A Yes.
A Yes.
arrangements.
A Yes.
A Yes. Gilbert.
A G i l b e r t Jackson.
BY M S . BUTLER:
be p a r t of your weekend a c t i v i t i e s ?
h e r s t a t e m e n t t h a t t h e y were p a r t of t h e weekend
activities.
G i l b e r t on my own a c c o r d .
BY M S . BUTLER:
A Yes.
A Yes.
your Honor.
BY MS. BUTLER:
weekend?
A I didn't.
leading.
BY MS. BUTLER:
A No.
Q To your knowledge?
A To my knowledge, he didn't. I called Mr. Jackson
A Yes, I did.
Q Pardon?
A Yes, I believe so.
A Yes.
A I don't remember.
Orleans on Monday?
BY MS. BUTLER:
1260
A I flew.
Q When you got back from the Super Bowl trip, what
was, at what phase was the demand side energy contract?
A Phase one.
A Yes.
Q Go ahead.
A I -- my family usually vacations in Florida during
vacation.
I think five.
A limo.
Yes.
that dinner?
A No.
of the parties.
were any real reasons for the rub, other than just
personality.
didn't say --
BY MS. BUTLER:
BY MS. BUTLER:
BY MS. BUTLER:
different subcontractors.
A I do.
(Tape played. )
Q Now Ms. McGilbra, did you and Mr. Gray flirt with
each other?
A Yes, we did.
1265
A Yes.
line.
Do you s e e a r e f e r e n c e t h e r e t o B r e n t , i n
l i n e 17?
A Yes.
A Yes.
A B r e n t J i v i d e n i s t h e s a l e s r e p f o r Honeywell.
Q And t h e r e i s a l s o a r e f e r e n c e t o a n E a r l ?
A E a r l Brown.
A Yes.
Q What a r e you t a l k i n g a b o u t t h e r e ?
A T h a t E a r l Brown a l s o w a s -- h a d s e t h i m s e l f u p t o
b e a c o n s u l t a n t , a n d h e was v e r y much a mover a n d s h a k e r
a r o u n d town e n g a g i n g i n c o n s u l t i n g a c t i v i t y w i t h
d i f f e r e n t c o n t r a c t o r s around t h e c i t y .
A Yes.
about h i s business?
A Yes.
Tell the members of the jury about that?
conversation.
BUTLER:
15 Mr. Gray.
17 side bar?
the assertion.
business.
testimony to be?
the investigation.
a co-conspirator.
THE COURT: He talked to his brother to
do this.
is a statement of a co-conspirator.
MR. WHITAKER: In that case, we never got
this statement.
BY MS. BUTLER:
administering?
Dresser.
Honor.
expression.
question.
A Yes, h e d i d .
C l o u t i e r a t Camp, Dresser, M c K e e .
Q M i s s McGilbra, i n t h e c a l l w e j u s t l i s t e n e d t o , you
make t h e s t a t e m e n t on p a g e 4 a t l i n e 27, w h e r e i t s a y s :
know --"
t h e r e f o r M r . Gray?
t o do?
BY MS. BUTLER:
Q F o l l o w i n g t h i s c a l l , d i d you make a n y i n q u i r i e s ?
A J u s t g i v e m e a moment t o t h i n k .
Yes, I did.
Q T e l l t h e members o f t h e j u r y w h a t you d i d ?
A I inquired. I spoke w i t h R e l i a n t t o f i n d o u t
e x a c t l y what t h e i r i n t e n t i o n s w e r e w i t h r e g a r d t o T h a c k e r
a n d t h e y c o n f i r m e d t h a t t h e y were t a l k i n g w i t h t h e m a b o u t
being a minority subcontractor.
Q Now, d i d you c o n v e y y o u r c o n v e r s a t i o n s , y o u r
h i m t h a t , n o t t o w o r r y , t h a t T h a c k e r w o u l d o n l y be a
f r o m t h e i n t e r e s t e d p a r t i e s t h a t w o u l d -- t h a t t h a t w o u l d
i n n o way i m p a c t t h e i r p o r t i o n o f t h e c o n t r a c t .
r e c e i v e d L o u i s V u i t t o n p u r s e as a g i f t ?
A Yes.
Q T e l l t h e j u r y what t h o s e c i r c u m s t a n c e s were?
A I t was my b i r t h d a y i n 2 0 0 2 , i n November, a n d I w a s
h a v i n g a b i r t h d a y p a r t y t h a t y e a r , a n d i n v i t e d Nate t o
he w a s u n a b l e t o make i t .
And s o s u b s e q u e n t t o my b i r t h d a y h e s a i d
s i n c e h e d i d n ' t make t h e p a r t y h e w o u l d g e t me a g i f t ,
Q And d o you r e c a l l t a l k i n g a b o u t t h a t on t h e p h o n e
w i t h M r . Gray?
A Yes.
p a g e 2 f o r j u s t a moment.
Q And d i r e c t i n g y o u r a t t e n t i o n t o l i n e s 24 t h r o u g h
27.
What d i d you u n d e r s t a n d M r . G r a y t o b e s a y i n g
when h e s a i d e v e r y t h i n g i s r e a d y t o b e p i c k e d u p ?
A T h a t t h e p u r s e t h a t I h a d s e l e c t e d was r e a d y f o r m e
t o p i c k up.
Q And d i d you i n f a c t p i c k i t u p ?
A I did.
A $700.
Q Now, d i r e c t i n g y o u r a t t e n t i o n t o p a g e o n e o f t h i s
t r a n s c r i p t , 1182B.
T h e r e i s a r e f e r e n c e t h e r e a t l i n e 11 t h r o u g h
One A?
call?
A Yes, i t i s .
2 residence?
3 THE COURT: Let me just ask, how much more
minutes.
as we can.
(Luncheon recess.)
1275
FRIDAY AFTERNOON SESSION - AUGUST 12, 2005
with Nate several times about what the new house would
look like and plans to move into the house. And he said
A Yes.
the tote bag. And there was a mug inside the tote bag
and also cash inside the tote bag to cover the hotel
A Yes.
(r What is it?
A It is the mug that I received inside the tote bag
that indictment.
anymore.
why. I assumed.
BY MS. BUTLER:
A Yes, I did.
1193.
(Tape played. )
A Yes, I did.
Relevance.
BY MS. BUTLER:
BY MS. BUTLER:
A Yes.
MS. BUTLER: No further questions.
BY MR. WHITAKER:
ask you, just let me know and I'll be glad to repeat it.
A Thank you.
see that, you see that Exhibit Number down at the bottom?
A Yes.
A Yes.
A Yes.
convicted?
cooperated, right?
on the Guidelines.
will do?
of your sentence?
same.
What is it?
A It's 30 months.
the months.
A Yes.
Is that correct?
A Yes.
A Yes.
A Yes.
A Yes, I did.
A Yes.
of a plea bargain?
A No.
that correct?
A Yes.
A Right.
Honeywell?
A Right.
A Right.
A As far as I know.
agreement?
A That's my understanding.
Q Or Honeywell?
A That's my understanding. I didn't physically see
Garland?
BY MR. WHITAKER:
BY MR. WHITAKER:
Q Yes.
THE COURT: I think he's asking, did you
contracts?
BY MR. WHITAKER:
A Yes, it does.
A Okay. Yes.
A Is there a question?
of Houston?
A Yes.
BY MR. WHITAKER:
A Yes, I did.
Q And when the package came to you from CDM, when the
proposal came to you from CDM, they had already included
A Is that a question?
McKee?
A Yes.
A No.
A Yes.
Department?
A Yes, that's correct.
job. One of them was -- but only two of them were local
BY MR. WHITAKER:
A Yes.
A Yes.
(2 And would they have paid for a hotel room for you
in Cleveland?
night.
fact --
BY MR. WHITAKER:
question.
BY MR. WHITAKER:
cancelled?
1295
A Right.
A Yes, I did.
Is that correct?
A I just remember it said from Honeywell. I don't
remember exactly.
A Yes.
it.
speak to.
you?
Q Pardon?
A I said that's not true.
Q When you went to the Super Bowl, you did know they
BY MR. WHITAKER:
Q Did you know when you went to the Super Bowl that
Honeywell was picking up the expenses?
about that. You don't -- the less you know, the better.
in partnership.
A No.
Q And you didn't know that when you were on the trip.
You didn't know that Honeywell picked up the expenses for
the hotel?
A No.
Q You thought that the trip to Cleveland, in going to
the football game, was perfectly legitimate at the time
question.
that is compound.
BY MR. WHITAKER:
BY MR. WHITAKER:
A No.
A No.
didn't even know who was paying for the trip to the Super
that correct?
transcript.
after I read?
BY MR. WHITAKER:
correct.
transcript.
Q Now, you did a number of things in Houston that
you --
THE WITNESS: Was there a question
BY MR. WHITAKER:
you?
A Yes.
A I didn't insist.
said earlier.
payments.
A Yes.
Q Is that correct?
A Yes, from May to December.
Q And then on May llth, you got another $600 off that
contract, isn't that correct?
what dates she got money on? Or ask her if she got
BY MR. WHITAKER:
approximately?
BY MR. WHITAKER:
A Yes.
BY MR. WHITAKER:
And overruled.
Do you believe you got 13 payments of
$600?
BY MR. WHITAKER:
Q I'm sorry?
A The list you keep referring to had 10 payments,
eight for $600, one for $100 and one for $500.
A Yes, so it does.
they?
A No.
i f G a r l a n d would have s t i l l b e e n y o u r b o y f r i e n d , it j u s t
d i n n e r s , and t h a t kind of t h i n g ?
A Yes.
h e m i g h t h a v e b e e n a b l e t o go more p l a c e s ?
A Yes.
Corporation, i s n ' t t h a t c o r r e c t ?
A Yes.
corporation?
A T i c k e t s t o a p l a y , t h e Lion King; a n d f o o t b a l l
tickets.
Q What were t h e f o o t b a l l t i c k e t s t o ?
A To a f o o t b a l l game.
A I d o n ' t remember.
Q You a l s o g o t t i c k e t s t o a n e v e n t p a i d f o r b y CDM,
d i d n ' t you?
A Yes.
Q And what was that about?
A It was a golf tournament.
Q And this was during the time you were also going
with Mr. Hardeman?
A No.
A Yes.
A That's correct.
Q And what was it that Mr. Thacker got you from Louis
Vuitton?
A Absolutely not.
Q Isn't that who you went to work for after you left
the City of Houston?
I had clients and contacts I had lined up, but not a job
of Houston?
meeting?
Honeywell to Reliant.
question.
BY MR. WHITAKER:
company?
A Yes.
Q And when you got the proposal back from them, they
had already hooked up Honeywell with Reliant as the
were.
BY MR. WHITAKER:
bids?
management?
contract themselves.
BY MR. WHITAKER:
A Yes.
themselves.
it's possible?
BY MR. WHITAKER:
divided?
about that.
p o s s i b l e f o r o n e company t o d o b o t h . And t h e r e c a n
be efficiencies i n t h a t .
BY MR. WHITAKER:
Q B u t you a l s o u n d e r s t a n d t h a t t h e j o b o f t h e demand
A Yes, I d o .
A Yes, h e d i d .
A Yes.
make t h e d e c i s i o n s on who g o t w h a t , w i t h r e s p e c t t o t h e
s u b c o n t r a c t o r s on t h e e n e r g y p r o d u c t ?
A Yes.
Q D i d you a l s o g e t a t h o u s a n d d o l l a r g i f t c e r t i f i c a t e
city?
A Yes.
Q By t h e way, you n e v e r d i d g e t a g r i l l f r o m
M r . Gray, d i d you?
A No.
f a c t t h a t t h e r e was a s l i g h t d i s a g r e e m e n t b e t w e e n
Honeywell a n d R e l i a n t , i s n ' t t h a t c o r r e c t ?
A Yes.
1314
A Yes.
it?
A Yes.
A No, I wouldn't.
your Honor.
A Yes.
A Yes.
A Yes.
referring to?
A Yes.
it?
But I did ask more than one, certainly, yes. More than
Mr. Gray.
sponsors.
A Yes.
CROSS EXAMINATION
BY MR. JENKINS:
F e s t , t h a t was i n N e w O r l e a n s ?
A Yes.
who p r o v i d e d you t h e t i c k e t a n d h a d t h e h o t e l
a c c o m m o d a t i o n s p a i d f o r t h r o u g h Ben J e f f e r s ?
A Yes.
Q And R i c k C l o u t i e r i s a s s o c i a t e d w i t h CDM?
A Correct.
t e s t i f i e d t h a t indeed t h e t i c k e t s and t h e h o t e l i s p a i d
f o r by M r . G r a y , c o r r e c t ?
A Yes.
h e i n v i t e d you t o d i n n e r , correct?
A Yes.
Q And i n f a c t , t h e r e w e r e o t h e r p e o p l e a t d i n n e r a s
well, correct?
A Yes.
Honor.
witness.
FELIX JOHNSON
follows :
seat, and then state your name and spell your last
name.
BY MR. DETTELBACH:
of Houston.
Q Houston, Texas?
A That's correct.
City of Houston.
of Houston facilities --
THE COURT: Can you move that.
BY MR. DETTELBACH:
Q Yes.
With respect to the amount of the City of
of Texas.
years there?
lighting, et cetera.
handle facilities.
A I r e p o r t e d t o Monique.
Q Now, you m e n t i o n e d t h a t s o m e t h i n g h a p p e n e d i n 1 9 9 9 ,
t h e d e r e g u l a t i o n of energy?
A Yes, s i r .
Q Now, what, i f a n y t h i n g , d i d t h a t c a u s e t h e C i t y o f
Houston t o do w i t h r e s p e c t t o p r o c u r e m e n t ?
A W e l l , we were on a r e g u l a t e d e n v i r o n m e n t s o a f t e r
t h e p a s s a g e o f t h e B i l l we s t a r t e d c o m p a r i n g t o p r o c u r e
e l e c t r i c i t y i n a competitive market.
p a r t s of t h e c o n t r a c t were t h e r e ?
A T h e r e w e r e two p a r t s t o t h e c o n t r a c t .
Q What were t h e y ?
A F i r s t p a r t was t h e m a j o r p a r t was e l e c t r i c i t y ,
r e f e r r e d t o a s t h e commodity.
energy efficiency.
Q And was t h a t b e i n g d o n e on s e p a r a t e c o n t r a c t s o r
t h e same c o n t r a c t ?
A T h i s was a l l done u n d e r o n e c o n t r a c t .
working i n energy s e r v i c e s ?
A I n e n e r g y , a l l my c a r e e r b a s i c a l l y .
1323
Q And you h a v e a n e n g i n e e r i n g b a c k g r o u n d ?
A Yes s i r .
Q Do you s e e any p r o b l e m w i t h d o i n g t h o s e t w o t h i n g s
under one c o n t r a c t ?
A No, s i r , I d o n ' t .
t h e procurement, l e t t i n g t h i s c o n t r a c t ?
A The B u i l d i n g S e r v i c e s D e p a r t m e n t .
Q Now, w i t h r e s p e c t t o t h e B u i l d i n g S e r v i c e s
D e p a r t m e n t , were t h e r e a n y c o n s u l t a n t s h i r e d t o a d v i s e
t h e c i t y on t h e p r o c u r e m e n t ?
A Yes, s i r .
Q Who was i t ?
L e t me a s k you, when I s a y y o u r l e a d c o n t a c t ,
what was y o u r r o l e i n t e r m s o f t e c h n i c a l v e r s u s b u s i n e s s ?
A I was t h e t e c h n i c a l e x p e r t , a s f a r a s t h e commodity
a n d DSM.
A I was.
Tenney, d i d h e h a v e a c o u n t e r p a r t who h a n d l e d t h e
business side?
A Yes, he did.
procurement?
qualifications.
it to three firms.
A Yes, sir.
projects.
1 Q So those would be the three firms?
2 A Yes, sir.
3 Q Which are?
21 see?
22 A Eli Lilly.
A Yes.
BY MR. DETTELBACH:
A Yes.
A At Midway Airport.
instead of O'Hare.
Cleveland?
went b a c k t o t h e h o t e l .
Q So who were t h e t h r e e p e o p l e f r o m t h e H o u s t o n t e a m
on t h i s t r i p ?
Q S t i l l , a f t e r t h e ENRON g u y s l e a v e , h a s a n y b o d y t o l d
A NO, sir.
hotel t h a t night?
s t a t e d t h a t , s h e s a i d , g u y s we a r e on o u r own f o r d i n n e r
L a t e r on a I r e c e i v e d a phone c a l l f r o m Sean
t o m e e t her a t a restaurant.
Q Did you do t h a t ?
A Yes.
i n t r o d u c e d a s G a r l a n d Hardeman.
A No. F i r s t t i m e I m e t him.
boyfriend.
A No idea.
airlines.
BY MR. DETTELBACH:
go?
A We g e t on t h e p l a n e a n d we f l y t o C l e v e l a n d .
p i c k e d you up?
A We were p i c k e d u p b y N a t e G r a y .
m e t Nate Gray b e f o r e ?
A No, s i r , I h a d n o t .
Q E v e r met him a f t e r ?
A NO, sir.
h o t e l i n downtown C l e v e l a n d . And w e w e n t t h e r e , we h a d
lunch there.
Q And who p a i d f o r t h a t ?
Q D i d anybody e l s e j o i n t h e g r o u p a t t h e l u n c h e o n ?
Cleveland p o l i t i c s . And t h e n w e w e r e j o i n e d b y a g u y by
the name of Brent Jividen.
prior to that.
Q In what context?
A He had called me, I believe it was in April of
Honeywell services.
A Honeywell.
A No.
A NO, sir.
day?
A No idea at all.
A No.
going t o do?
A Yes, I did.
g o i n g t o t h e Rock a n d R o l l H a l l o f Fame?
A Yes.
Q Did you do t h a t ?
A Yes, s i r , w e d i d .
Q Had you e v e r s e e n i t b e f o r e ?
A No, I had n o t .
Q And d i d you l i k e i t ?
A Yes, I e n j o y e d i t .
Q What d i d you do t h e r e ?
A We t o u r e d t h e museum.
Q A s i n what c a p a c i t y ?
A As tourists.
Q And was t h e r e a n y b u s i n e s s g o i n g on t h e r e ?
A No, s i r , no b u s i n e s s a t a l l .
this trip?
A Yes. Monique p u l l e d m e t o t h e s i d e a n d s h e s a i d , I
1335
the road.
A Yes, we are.
A Yes.
stated, she said, well guys, it's about time for you all
know of?
A None whatsoever.
Friday night.
Friday night?
A Yes.
A Yes, I had.
A No, I don't.
A Yes.
A No, sir.
A Reliant Energy.
moving.
I talked to a representative of Reliant. He
A Yes.
BY MR. DETTELBACH:
problem was.
BY MR. DETTELBACH:
contract?
A NO, sir.
Honor.
BY MR. WHITAKER:
A Tenney .
And who d o e s S e a n T e n n e y w o r k f o r ?
A H e w o r k s f o r Camp, Dresser a n d M c K e e .
Q And you m e n t i o n e d a l s o R i c k C l o u t i e r ?
A Yes, s i r .
Q A r e you a w a r e o f t h e f a c t t h a t i n d e e d i t was R i c k
C l o u t i e r , who w o r k s f o r t h e same f i r m as S e a n T e n n e y ,
t h a t arranged t h e i t i n e r a r y f o r t h e Cleveland t r i p ?
i n t h e C i t y of Cleveland?
A NO, sir.
e n e r g y a t t h e C l e v e l a n d Browns S t a d i u m ?
No g o o d f a i t h b a s i s . And h e ' s a n s w e r e d a l r e a d y .
BY MR. WHITAKER:
You u n d e r s t a n d t h a t on t h e s u p p l y s i d e a
A That's correct.
to be supplied?
A That's correct.
Exhibit S.
Do you see that?
A Yes.
heading.
BY MR. WHITAKER:
Honor.
BY MR. WHITAKER:
Q From where?
A Camp, Dresser, McKee.
BY MR. WHITAKER:
this document.
correct?
A That's correct.
recommendation.
that correct?
for. The recommendation you have there was based off the
on?
A Yes, sir.
question.
A Excuse me?
Q No?
A No, I don't.
this document.
- - -
REDIRECT EXAMINATION
BY MR. DETTELBACH:
A Yes.
that.
- - -
RECROSS EXAMINATION
BY MR. WHITAKER:
Q Sure.
A Well, it's mentioning several subs there. It's not
just speaking of Honeywell.
CDM?
(Brief recess.)
Mr. Jackson.
mentioned --
side bar.)
asking him.
do that.
JUROR: Right.
impact on you?
talked about.
Why don't we get going.
( T h e j u r y was r e t u r n e d t o t h e c o u r t r o o m
a n d t h e f o l l o w i n g p r o c e e d i n g s were c o n d u c t e d i n o p e n
court. )
t h e i r seats.
And I ' l l a s k t h e U n i t e d S t a t e s t o c a l l
your next w i t n e s s .
S t a t e s c a l l s G a r l a n d Hardeman.
hand.
GARLAND HARDEMAN
c a l l e d a s a w i t n e s s by a n d on b e h a l f o f
o f t h e Government, a f t e r b e i n g f i r s t d u l y
s w o r n , was e x a m i n e d a n d t e s t i f i e d a s
follows :
y o u r name, a n d s p e l l y o u r l a s t name f o r t h e r e c o r d
court reporter.
H-A-R-D-E-M-A-N.
DIRECT EXAMINATION
25 BY MS. BUTLER:
1353
A Houston, Texas.
A In 2003.
A Detroit, Michigan.
A Yes.
Q How many?
A Two.
Q And will you tell the members of the jury what your
1354
A Yes, I did.
Inglewood, California.
me, put a lot of the people out on the street against me.
So I failed to be reelected in 1999.
A Yes, I did.
insurance companies.
Carolina.
1356
A Yes, I did.
A Yes, I did.
A Yes.
Q Now, did he there come a time with you met Mr. Nate
Gray?
A Yes.
the Ritz Carlton, called the room. She was there. Went
that evening. And she told me that Mr. Nate Gray would
A Mr. Gray.
A Mr. Gray.
Ravens.
sure.
who they were, other than I was told that the gentleman
by anyone?
A By Brent Jividen.
Q And was that the first time you had ever met
Mr. Jividen and his wife?
A Yes.
Q No other details.
A They may have told me what she did but I don't
remember.
Houston.
there?
the lunch.
for that.
Exhibit 8 -- or 9, please.
A Yes.
Jividen's wife.
A Yes.
you?
A No, I did not.
Q Now, when you -- after the game, where did you go?
A We had to get back to the hotel because I believe I
follows:)
importance.
BY MS. BUTLER:
airport?
A Yes.
Yes.
Q By?
A By phone.
contract.
A Yes.
Exhibit 805.
Q What is that?
A It's a letter that I sent to Brent Jividen thanking
him for the football game and the brunch that we had
experienced in Cleveland.
it to Honeywell.
Mr. Gray?
A Yes.
draft?
A To Honeywell.
A Yes, it did.
A Yes.
paid to you?
Mr. Gray?
A Yes.
page
Q Mr. Hardeman, do you recognize this document as the
final agreement that you entered into?
A Yes.
completed?
1369
A Yes.
uncomfortable.
the bottom?
A Yes, it is.
A Yes.
A Yes.
CDM, who was the hired consultant for the Energy Demand
Q Did you tell any one at Reliant that you were hired
as a consultant for Honeywell?
A Yes.
would like to go. And she told me that she had basically
the hook-up with Mr. Gray to make that happen, and for me
A Yes, I did.
Q What happened after that?
A We had the conversation about the hotel
Bowl.
1143.
(Tape played. )
A To Monique McGilbra.
A Yes, I did.
MS. BUTLER: Please show the witness
Q While were waiting for that, did you get a fax from
Mr. Gray?
A Yes.
Q And d o you r e c o g n i z e t h a t ?
A Yes.
A Yes.
n e x t page.
was?
Q And d i d you a l s o g e t i n f o r m a t i o n t h r o u g h t h a t f a x
t r a v e l e d t o New Orleans?
A Yes, I d i d .
Q Now, d i d you i n f a c t g o t o N e w O r l e a n s on
S a t u r d a y --
A Yes.
Q -- o f S u p e r Bowl weekend?
And d i d you s t a y a t t h i s h o t e l ?
A Yes.
game?
The d e s k where?
1374
A At Hotel Le Cirque.
A Yes, I did.
A Yes.
dollars?
A I do not.
to the hearsay.
s p e n d i n g t i m e on t h i s . I d o n ' t know t h a t t h e r e i s
of t e s t i m o n y on t h i s a l r e a d y .
participant.
And t r y t o a s k him e i t h e r t o s u m m a r i z e i t o r
w h a t e v e r , b u t r a t h e r t h a n --
t h e y went t o d i n n e r . W e s t i p u l a t e t h e y went t o
dinner.
BY MS. BUTLER:
Q And d i d you go t o a b r u n c h on S u n d a y m o r n i n g b e f o r e
t h e game s t a r t e d ?
a t t e n d a b r u n c h on b e h a l f o f t h e Mayor.
A Yes.
Q And who p a i d f o r t h e d i n n e r on S a t u r d a y a n d t h e
l u n c h on Monday?
1376
A Gilbert Jackson.
A Mr. Gray.
A Yes.
A Yes, I did.
California?
A Yes, I did.
A Yes.
Q And did you tell Miss McGilbra that you had been
confronted by the FBI when it first happened?
A Yes, I did.
A Yes.
A I t h i n k I i n d i c a t e d b e f o r e t h a t M i s s M c G i l b r a made
a demand o f 5 0 p e r c e n t o f t h e c o n t r a c t , o r t h e
c o m p e n s a t i o n t h a t I r e c e i v e d on t h e p e r f o r m a n c e o f t h e
contract. And we h a d a b a t t l e a b o u t t h a t v e r b a l l y
b e c a u s e I d i d n ' t want t o c o n t i n u e t o h a v e t o p a y h e r f o r
contracts t h a t I received.
Honeywell a n d ETNA c o n t r a c t ?
A Yes, I d i d .
you s a i d ?
a n d h a d n o t h a d them r e t u r n e d , s o I s p o k e w i t h Miss
McGilbra a b o u t i t . And s h e i n d i c a t e d t h a t s h e h a d s p o k e n
t o him r e c e n t l y a n d h e t o l d h e r t h a t I d i d n ' t h a v e t o
w o r r y a b o u t a n y t h i n g , t h a t I would b e t a k e n c a r e o f .
A She s a i d t h a t t h e r e was no n e e d f o r m e t o c o n t i n u e
t o c o n t a c t him, t h a t i t would b e t a k e n c a r e o f .
MS. BUTLER: May I have a moment.
i
No further questions.
THE COURT: Cross examination.
CROSS EXAMINATION
BY MR. WHITAKER:
A Okay.
material?
MR. WHITAKER: I'm talking about Jencks
12 about.
A Yes.
A Yes.
A Yes.
McGilbra, right?
different.
turn it on.
THE COURT: Look at your screen. This is
question differently.
statement?
Q Of what year?
A 2000.
question.
A Yes.
A Yes.
A Yes.
A Yes.
A No.
Q And you were kind of upset that you had to pay her
that fee, weren't you?
that correct?
correct?
telephone conversation?
A Yes.
A I d i d n o t want t o have t o d o t h a t .
Q And you t o l d h e r t h a t ?
A Yes.
Q And a t no t i m e d i d you e v e r g i v e i n on t h a t
p a r t i c u l a r demand o f h e r s , d i d you?
A I n e v e r r e c e i v e d any c o m p e n s a t i o n from t h a t
contract.
i t , you n e v e r a g r e e d t o g i v e h e r a n y p a r t o f t h a t
A I t was my t h i n k i n g t h a t I d i d n o t want t o h a v e t o
do t h a t , right.
Q And you t o l d h e r t h a t ?
A Yes.
r e g a r d t o t h a t c o n t r a c t , d i d you?
A T h a t was my t h i n k i n g , t h a t I d i d n o t want t o p a y
her.
you?
A Yes.
well.
didn't you?
A Yes, I did.
A Yes.
Q And you see the heading on this letter?
A I do.
A It is.
5 What's i t t e n d t o prove?
6 MR. WHITAKER: F i r s t of a l l , i t t e n d s t o
7 prove h e p u t i t i n t h e l e t t e r , e v e r y t h i n g t h a t --
9 MR. WHITAKER: T h a t he t h o u g h t s h e d i d
11 THE COURT: So w h a t ?
12 MR. WHITAKER: So w h a t ?
16 l e t t e r a b o u t a n y t h i n g she did w i t h M r . G r a y o r
17 Honeywell.
19 question.
21 Q Is t h e r e a n y t h i n g i n t h a t l e t t e r w h a t s o e v e r a b o u t
22 a n y t h i n g t h a t M i s s M c G i l b r a did w r o n g w i t h H o n e y w e l l ,
23 Nate Gray, or B r e n t J i v i d e n ?
your Honor.
A Yes.
w i t h Honeywell a s a p a r t n e r i n t h e e n e r g y c o n t r a c t ?
A Yes.
h e r e , y o u r Honor.
under o a t h a t an e a r l i e r d a t e ?
A Yes.
l e t t e r , you d e t a i l e d a l l o f t h e t h i n g s t h a t you t h o u g h t
s h e w a s d o i n g t h a t were i l l e g a l , a m I c o r r e c t ?
And y o u r a n s w e r b e i n g , y e s .
d e t a i l e v e r y t h i n g t h a t I knew s h e w a s i n v o l v e d i n .
Q T h a t ' s n o t t h e q u e s t i o n I was a s k i n g y o u .
w h o l e t r u t h a n d n o t h i n g b u t t h e t r u t h --
q u e s t i o n a n d d i d you g i v e t h a t r e s p o n s e ?
questions.
CROSS E X A M I N A T I O N
BY MR. JENKINS:
r e p r e s e n t a t i v e i n H o u s t o n , t h a t would be R i c k C l o u t i e r ?
A Yes.
Q Now, j u s t q u i c k l y , i n terms o f t h e d i n n e r a t t h e
correct?
A Yes.
conference of b l a c k c i t y o f f i c i a l s ?
A Yes.
Q And e v e n a t t h a t c o n f e r e n c e p e o p l e t h a t h e m e t a n d
A Yes.
A I d o n ' t know i f I s a i d h e d i d i t o f t e n .
Q W e l l , t h e c o n f e r e n c e where you a t t e n d e d t h e
A I know o n s e v e r a l o c c a s i o n s t h a t h e d i d .
1394
Honor.
BY MS. BUTLER:
A Yes.
City of Houston.
1395
contract?
A No, I was not.
RECROSS EXAMINATION
BY MR. WHITAKER:
all.
1396
v a r i e t y of c i t i e s ?
Q You were j u s t a s k e d a b o u t p a y i n g M i s s M c G i l b r a a
p o r t i o n o f t h e c o n t r a c t , b u t s h e also w a s demanding
wasn't she?
A C o u l d you r e p e a t t h e q u e s t i o n , p l e a s e ?
f i n a l payout f o r t h e Keystone c o n t r a c t .
p a y o u t on t h e Keystone c o n t r a c t ?
BY MR. WHITAKER:
Q And i t was 2 5 0 , 0 0 0 .
demanded 50 p e r c e n t o f t h a t .
Q D i d you a g r e e t o p a y t h a t ?
A I d o n ' t t h i n k w e r e a c h e d a p o i n t of m e a g r e e i n g ,
b u t it w a s d e f i n i t e l y something t h a t I f e l t I was
c o m p e l l e d t h a t I was g o i n g t o h a v e t o d o .
next witness.
1397
1 MR. DETTELBACH: Yes. The United States
9 Mr. Spellman?
11 - - -
12 OLIVER SPELLMAN
16 follows:
20 S-P-E-L-L-M-A-N.
21 DIRECT EXAMINATION
22 BY MR. DETTELBACH:
A Houston, Texas.
Ohio?
A Michael White.
A Lee Brown.
A Yes, I did.
t h e Parks Director?
A A s t h e P a r k s D i r e c t o r I was a d e p a r t m e n t h e a d . My
a c c e s s t o t h e mayor was on a n e e d b a s i s , w h e n e v e r w e h a d
i s s u e s t o d i s c u s s w i t h t h e mayor. A s Chief of S t a f f I
h a d a c c e s s t o t h e mayor u s u a l l y o n a d a i l y b a s i s .
Q Where d i d you s i t ?
A Across t h e h a l l .
A I n October of '02.
Q And w h a t c a u s e d you t o l e a v e t h a t j o b ?
A I f l u n k e d a random d r u g t e s t a n d r e s i g n e d .
Q S i r , d u r i n g t h e t i m e t h a t you w e r e C h i e f o f S t a f f
d i d you a c c e p t a n y b r i b e s ?
A Yes, I did.
Q From who?
A Nate Gray.
Q Do you s e e him i n c o u r t ?
A Yes, I d o .
A The g e n t l e m a n t h a t j u s t s t o o d u p .
Mr. Gray.
Q S i r , a r e you t e s t i f y i n g h e r e p u r s u a n t t o a p l e a
agreement?
A That's correct.
A The judge.
Q I want to ask you about the things you said you got
from Nate Gray.
Cleveland.
1402
Q B e f o r e you became C h i e f o f S t a f f t o t h e m a y o r i n
l e t ' s s a y o v e r a hundred d o l l a r s ?
A No, h e d i d n o t .
you r e c e i v e s o m e t h i n g f r o m M r . G r a y o f a v a l u e o f o v e r a
hundred d o l l a r s ?
A Twice.
Q What t h i n g s d i d you g e t ?
And i n J u l y o f 2002 I a c c e p t e d a $ 2 , 0 0 0 c a s h
bribe.
905.
Q Do you r e c o g n i z e w h a t ' s d i s p l a y e d o n 9 0 5 ?
A Yes, I d o .
Q And w h a t a r e w e l o o k i n g a t ?
A T h i s i s t h e room c h a r g e f o r t h e R i o S u i t e s H o t e l i n
Las Vegas.
Q And d i r e c t i n g you y o u r a t t e n t i o n t o t h e r i g h t h a n d
corner.
Do you see t h e d a t e s I c i r c l e d ?
A Yes, I d o .
Q What a r e t h e y ?
1403
let me know.
it.
Q I'm sorry?
City of Houston?
BY MR. DETTELBACH:
A Yes.
their car.
and the like. Who would pay when you would go with
Mr. Gray?
A Mr. Gray.
his visits.
Q Which contracts?
A The shuttle service contract.
And there was a proposed parking meter
Mr. Gray.
A Yes, he did.
A Yes, he did.
1406
Mr. Lawson was a part of. Mr. Gray was an out of town
group, out of town from Houston.
Ascertain by how?
Yes, I did.
Why?
Gray.
A Yes, I did.
mayor?
f a v o r i n g t h e l o c a l v e n t u r e g r o u p o v e r t h e o u t o f town
g r o u p on t h e s h u t t l e s e r v i c e c o n t r a c t a t t h e a i r p o r t .
I ' m n o t f a v o r i n g anyone.
performed a t ?
A The c o n t r a c t i n v o l v e d t h e Houston A i r p o r t
D e p a r t m e n t , b u t i t was a c o n s o r t i u m o f r e n t a l c a r
Q And i n y o u r v i e w , c o u l d t h e mayor a f f e c t t h a t ?
A He's t h e mayor, c e r t a i n l y h e c o u l d l e t h i s
issue.
Q And t h e n w h a t ?
A Then t h e y would h a v e t o t a k e t h a t i n t o
c o n s i d e r a t i o n as t h e mayor.
1408
do?
t h a t h e h a d no p o s i t i o n on t h e m a t t e r .
t h a t information?
question.
a n o t h e r p o s i t i o n t h a t t h e mayor m i g h t h a v e ?
A Yes.
p e r i o d of t i m e , a n d t h e mayor b a s i c a l l y c h a n g e d h i s
i n f a v o r o f t h e l o c a l team, a n d a s k e d t h a t I c a l l t h e
A i r p o r t D i r e c t o r and r e l a y t h a t information t o t h e
Airport Director.
were t o c a l l ?
A Rick Vicar.
A i r p o r t D i r e c t o r immediately?
Director.
Q Who d i d you c a l l f i r s t , t h e A i r p o r t D i r e c t o r o r
Mr. Gray?
A T h a t t h e mayor h a d f l i p - f l o p p e d on t h e s h u t t l e
c o n t r a c t s a n d was now f a v o r i n g t h e l o c a l g r o u p .
Q I n t h a t c o n v e r s a t i o n you h a d w i t h M r . Gray, d i d h e
m e n t i o n a n y o t h e r p e o p l e h e was w o r k i n g w i t h on t h i s
p r o j e c t i n t h e C i t y o f Houston?
A I t h i n k he mentioned a r e l a t i v e o f t h e mayor.
Q What r e l a t i v e ?
A H i s brother, E a r l Brown.
1200.
(Tape p l a y e d . )
it t h e r e , a c t u a l l y .
c o n v e r s a t i o n , c a n you t e l l u s t h e b e g i n n i n g o f A u g u s t ,
was t h a t t h e f i r s t t i m e you a n d M r . G r a y h a d s p o k e n a b o u t
t h i s contract?
A No, i t was n o t .
1410
A It was in July.
(Tape played. )
to Mayor Brown?
A Yes.
A Yes, I did.
(Tape played. )
A Yes, I did.
there?
A Yes.
MR. DETTELBACH: Please play 1223.
(Tape played. )
A Yes.
BY MR. DETTELBACH:
Parking.
the bid.
A Yes, it did.
parking company?
A I c a l l e d M r . G r a y , b e c a u s e I knew h e w a s i n v o l v e d
i n parking.
t o be t h e i r p a r t n e r i f t h i s p a r t i c u l a r c o n t r a c t was e v e r
let. And t h e r e f o r e , t h a t h e n e e d e d t o t h i n k a b o u t
w h e t h e r o r n o t h e w a n t e d h i s name s u b m i t t e d t o M r . Cabena
a t APCOA.
A I t h i n k it was S e p t e m b e r 1 9 t h , t h e d a y b e f o r e I
left.
A Yes, I d i d .
s p e a k a g a i n w i t h M r . Gray?
A Yes, I d i d .
that call?
A I t h i n k on t h a t c a l l -- o r I ' m s u r e on t h a t c a l l ,
in the partnership.
a Now at that point, when Mr. Gray gave you that name
Stanley Broussard, had you ever heard of him before?
Q And what did you do with that name after Mr. Gray
gave it to you?
you sit here today, is there any doubt in your mind that
the money and the things of value that you were getting
A No.
disclosure form.
city.
opinions.
of hands.
CROSS EXAMINATION
BY MS. WHITAKER:
Q Good a f t e r n o o n , M r . S p e l l m a n .
A Good a f t e r n o o n .
Q My mane i s Andrea W h i t a k e r a n d I r e p r e s e n t
you d o n ' t u n d e r s t a n d a n y t h i n g , p l e a s e a s k m e t o r e p e a t
it.
I would l i k e t o make a s i m i l a r m o t i o n t h a t
Mr. W h i t a k e r made e a r l i e r w i t h r e g a r d t o J e n k s
m a t e r i a l , w i t h M r . Spellman. I t h i n k t h e r e i s a --
we c a n show t h e r e i s a p a r t i c u l a r i z e d n e e d .
r u l i n g s I made.
BY MS. WHITAKER:
p o l i t i c a l c a r e e r ended.
Do you remember t h a t ?
A He a s k e d me why d i d I l e a v e my l a s t j o b i n T e x a s .
p o s i t i v e f o r drugs, is t h a t correct?
A I'm sorry?
time, yes.
question.
BY MS. WHITAKER:
correct?
correct?
Q And --
A That's it.
A Yes.
A No, I don't.
discussed earlier?
1421
questions.
BY MS. WHITAKER:
Q Did you say that day under oath, when you were
giving all the reasons you were pleading guilty, anything
A I don't recall.
time on it?
BY MS. WHITAKER:
your recollection.
BY MS. WHITAKER:
foundation.
BY MS. WHITAKER:
A Yes.
say --
MS. WHITAKER: I'm sorry.
Q Right. I understand.
My question is about your testimony in June.
Q That's okay.
1424
inconsistent.
BY MS. WHITAKER:
there?
that.
BY MS. WHITAKER:
this matter?
A Yes.
Q I'm sure you wouldn't forget being interviewed by
the FBI.
by the FBI?
Q And when you went to meet with the FBI the second
time, at that point you had agreed to cooperate with the
met with U.S. Attorneys and the FBI, and they asked me
A Yes.
behalf at all?
behalf at all?
1426
BY MS. WHITAKER:
the street was that the mayor was favoring the local team
1427
FBI.
information?
information.
BY MS. WHITAKER:
City of Houston?
1428
A Yes.
sentence here.
1429
THE COURT: D o n ' t t a l k t o him u n t i l you
g e t b a c k f r o m him t h e s t a t e m e n t .
BY MS. WHITAKER:
r e c a l l making a n y p r o m i s e s t o G r a y a b o u t t a l k i n g t o t h e
mayor a b o u t t h e s h u t t l e b u s c o n t r a c t ?
couldn't recall.
Q T h a t ' s what I s a i d , i s t h a t c o r r e c t ?
Q And you h a d g o n e t h e r e t h a t d a y t o t e l l t h e m
a n d a h a l f y e a r s a f t e r my c o n v e r s a t i o n s when a l l t h i s
s t u f f happened.
Q I understand.
You were a s k e d a l i t t l e b i t o n d i r e c t a b o u t
y o u r r e l a t i o n s h i p t o M r . G r a y b e f o r e you became C h i e f o f
S t a f f , s o a few q u e s t i o n s on t h a t .
f r i e n d s w i t h M r . Gray, i s t h a t r i g h t ?
A We w e r e f r i e n d s .
t o bars?
A Mostly w i t h o t h e r people, yeah. I saw M r . Gray
around town. We went out once in a while.
city?
A No.
Q So is that correct?
THE COURT: You want to withdraw that
question?
A We stayed in contact.
1431
months, i s t h a t r i g h t ?
Q Yes.
A Yes.
town, r i g h t ?
A Correct.
became C h i e f o f S t a f f , r i g h t ?
A I may h a v e .
h a v e come u p .
f o r a n y t h i n g i n exchange f o r t h e d i n n e r ? Something f o r
the city?
Q And d i d you e v e r d o a n y t h i n g i n e x c h a n g e f o r t h e
d i n n e r s o r t h i n g s of v a l u e a t t h a t time?
A No. We would g o t o d i n n e r a n d t a l k a b o u t t h e
A Yes.
local businessman.
commission w a n t e d ?
A My i n t e r p r e t a t i o n i s , however, i t t u r n e d o u t
f i n e w i t h me. I t a i n ' t no p r o b l e m ?
A Yeah, h e s a i d t h a t .
Q And h e n e v e r a s k e d you t o d o a n y t h i n g t o t r y t o
c h a n g e t h e m a y o r ' s mind, d i d h e ?
Q And h e n e v e r a s k e d you t o t a l k t o a n y d e c i s i o n
A No, h e d i d n o t .
Q I n f a c t , h e n e v e r a s k e d you t o t e l l t h e mayor
p o s i t i o n b e f o r e you were C h i e f o f S t a f f ?
A Parks Director.
Q And d u r i n g t h a t t i m e you h a d m e e t i n g s w i t h t h e
p a r k s i s s u e we d i s c u s s e d .
Q And t h e n you t a l k e d a l i t t l e b i t a b o u t t h e p a r k i n g
meter c o n t r a c t , i s t h a t r i g h t ?
1434
A Correct.
Is that right?
A Correct.
Department, or something.
right?
t h e c i t y ' s p e r s p e c t i v e , f o r M r . Gray, o r o t h e r
s u b c o n t r a c t o r s , t o b e on two p r i m e c o n t r a c t o r b i d s ?
A Mr. Gray c o u l d be on b o t h t e a m s .
Q M r . Gray was c o n c e r n e d a b o u t l e t t i n g h i s p r i v a t e
A I t h i n k h e w a s c o n c e r n e d a b o u t l e t t i n g APCOA know
A Two s e p a r a t e p a r k i n g c o m p a n i e s , y e s .
Q And p r i v a t e c o m p a n i e s ?
A Yes, t h e y a r e p r i v a t e .
i n J u l y , is t h a t r i g h t , of '02?
BY MS. WHITAKER:
A That's correct.
A No, I d i d n o t . I n e v e r u s e d t h e word l o a n .
w i t h t h e F B I now?
1437
A I remember that.
Q Do you remember telling the FBI that you asked
Mr. Gray for a loan because money was tight?
A Absolutely.
A That's correct.
August.
Q And when you got the phone call about the parking
meter contract, that was after Mr. Gray had already
A The c a l l -- I t h i n k I r e c e i v e d a c a l l , y e a h , t h e
c a l l was i n l a t e August o r S e p t e m b e r ; S e p t e m b e r .
A I t h o u g h t i t was I t a l k e d t o M r . Gray S e p t e m b e r
a f t e r I came b a c k .
Q September o r October?
A No, i t was S e p t e m b e r 1 9 t h .
right?
A I t was S e p t e m b e r 1 9 t h . I t was a f t e r I r e t u r n e d o n
t h e week o f S e p t e m b e r 2 3 r d .
Q So t h a t ' s a c o u p l e m o n t h s ?
A I t was a f t e r I g o t t h e money i n J u l y .
t a l k t o anybody o r d o a n y t h i n g o n b e h a l f o f t h e c i t y , d i d
he?
A Yeah, h e t a l k e d a b o u t w a n t i n g t o g o .
A Correct.
1439
Houston.
Q And Mr. Gray had offered to give you help even when
there was nothing you could do for him, wasn't there? He
until the shuttle issue, the energy issue, and the public
not.
second.
him know?
A I resigned.
let me know?
A Yes.
A Yes.
Q I just have one more question.
1441
A That's correct.
REDIRECT EXAMINATION
BY MR. DETTELBACH:
you.
a s k e d you f o r h e l p w h i l e you w e r e i n C l e v e l a n d w o r k i n g
f o r Mayor W h i t e ?
A Yes.
Q Did M r . Gray n e e d y o u r h e l p t o g e t b u s i n e s s i n
C l e v e l a n d u n d e r Mayor W h i t e ' s r e i g n ?
A No.
Q Why n o t ?
question.
question.
h i s redirect. J u s t one q u e s t i o n .
RECROSS EXAMINATION
1443
BY MS. WHITAKER:
Q You said that you spoke to the FBI that day, and 30
seconds later you took full responsibility for everything
was not.
admitted --
loan?
BY MS. WHITAKER:
scope.
THE COURT: Objection sustained. It's
o'clock. Be here.
1444
them t o y o u .
So w e ' l l a d j o u r n u n t i l t h a t t i m e .
- - -
(The p r o c e e d i n g s were a d j o u r n e d 4 : 55
a.m., Monday, A u g u s t 1 5 , 2 0 0 5 . )
C E R T I F I C A T E
I, Richard G. Delmonico, O f f i c i a l C o u r t R e p o r t e r
N o r t h e r n D i s t r i c t o f Ohio, E a s t e r n D i v i s i o n , d o h e r e b y
c e r t i f y t h a t t h e foregoing i s a t r u e and c o r r e c t
t r a n s c r i p t of t h e proceedings h e r e i n .
&,&A,/ 6d d ) g / ~ -
Richard G. ~ e l ~ o n i s
O f f i c i a l Court Reporter
568 U.S. C o u r t h o u s e
Two S o u t h Main S t r e e t
Akron, O h i o 44308
( 3 3 0 ) 375-5666
I N D E X
OPENING STATEMENTS:
On behalf of the Government . . . . . . . . . . . . . . . . . . . 142
On behalf of Defendant Jones . . . . . . . . . . . . . . . . . . 189
On behalf of Defendant Gray . . . . . . . . . . . . . . . . . . . 203
On behalf of Defendant Jackson . . . . . . . . . . . . . . . . 311
VOLUME 6
- - - - -
APPEARANCES:
For the Government: STEVEN M. DETTELBACH,
BENITA Y. PEARSON,
MARY BUTLER,
Assistant U.S. ~ttorneys
Fourth Floor - U.S. Courthouse
801 Superior Avenue West
Cleveland, Ohio 44113
(Juror away)
THE COURT: Can you get T ina?
(Pause)
THE COURT: Ma'am, would you come up here?
(Juror at side-bar).
THE COURT: There's been an indication that
you m y have -- sane people m y have -- something may have
happened Friday.
A JUROR: Yes, sir.
THE COURT: Can you describe it for us?
A JUROR: There was three of us that walked
out to the parking lot together, and when we walked out
there was -- I'm not sure of the nurriber of people -- there
was a few people that were walking around writing down what
appears to be license plates of the vehicles.
THE COURT: Okay. Can you describe these
people?
A JUROR: Not really. I just was kind of -- I
just hurried up and kind of got in my car and left so.
THE COURT: Is that going to have any impact
upon your ability to fairly decide this case?
A JUROR: NO.
THE COURT: Do you have any questions? First
for the government.
MR. DEWTELBACH: No.
THE COURT: Do any of the defense attorneys
have any questions?
MR. WHITAKER: Yeah. Do you have any
suspicions about who they might be or --
A JUROR: No, sir, I don't. Like I said, I
just got in my car and I just left, so I have another job
I've been going to after I get done with jury duty. I just
get in my car and (indicating).
MR. WHITAKER: Did you have any discussions
with anybody else, any of the other jurors about it?
A JUROR: No, sir.
THE COURT: Okay. Thanks, ma'am.
MR. WHITAKER: I'm wondering, who was the
other person? There were three persons?
A JUROR: Yes, sir.
MR. WHITAKER: It was you and the worran just
now and one mre?
A JUROR: One more. Another woman.
MR. WHITAKER: Do you know which number?
A JUROR: I'm not sure.
THE COURT: Nwnber or first name?
A JUROR: It's -- it's --
THE COURT: You're juror five. Is it juror
ll?
A JUROR: Yes, that's a possibility. I mean,
I don't know.
THE COURT: Okay. 'I'hank you.
A JUROR: Okay. Thank you.
(Juror away)
MR. DC-H: I would ask you to instruct
them not to discuss it when they go back.
THE COURT: Could you ask that one to came
back real quickly?
THE CLERK: The first one?
THE COURT: The one that was just here.
And also get number 11.
(Jurors at side-bar)
THE COURT: Just don't say anything about this
to anyone.
A JUROR: Oh, absolutely. Yeah.
THE COURT: Thank you.
MR. JENKINS : Judge, if they come in and they
recognize the reporters, should they at least announce to
the Court they are in the courtroom?
THE COURT: Ma'am, would you walk up here?
Did something happen on Friday when you were
leaving the building?
A JUROR: I don't know. Could have been.
THE COURT: Okay. Did anything unusual happen
in tern of people following you when you left the building?
A JUROR: NO.
THE COURT: Okay. You didn't notice anything?
A JUROR: No. We was out about ten minutes
early on Friday. No, I just went right to m y car and right
down the road.
THE COURT: Okay. Do you have any questions?
Do you have any questions?
Thanks, again.
m ' t talk to the other jurors about what I've
asked you.
A JUROR: Okay. Thank you.
THE COURT: All right. Unless there's
something further, we'll get started.
MR. DETEXBACH: Yes, Your Honor.
THE DEPUTY MARSHAL: I f I notice them in the
courthouse or --
THE COURT: I'm going to, unless there's some
objection, I'm going to put an order on that no one's to
have contact with or follow any of the jurors.
MR. WHITAKER: No objection.
THE COURT: All right. Could you -- you
can --
BY MR. WHITAKER:
Q. Good morning, Mr. Ehmer. My name's Bill Whitaker and
I represent Nate Gray, and I'm going to ask you a few
questions.
If I ask you anything you don't understand,
just let me know. I'mglad to repeat it.
A. Okay.
Q. As I understand it, Reliant's demand side business has
gone out of business?
A. I believe that is correct. It certainly was moving,
waning down prior to me leaving.
Q. And but the energy supply, the electricity side,
that's still going?
A. Yes, sir.
Q- Still doing business with the City of Houston?
A. Best of my knowledge, it is.
Q. Supplying electricity to the City of Houston?
A. Best of my knowledge, it is.
Q. An enormous contract?
A. Right.
Q. All right. So that was the important part of the
contract to you; not the demand side, correct?
A. That's correct.
Q. Although, if you could have got the denand side, that
would be a nice little piece of business as well, right?
A. Potentially it could be.
Q. Okay. Now, you're in the sales side of it, am I
correct?
A. At -- at that time?
Q. Yeah. With Reliant.
A. Yes, sir.
Q. In fact, let me rephrase that to be accurate.
You were on the sales side at that time?
A. Yes, sir.
Q. All right. And so it was your job, sort of business
development and build the relationships that are necessary
to sell a contract of this magnitude, am I correct?
A. That, as well as the technical aspects of putting the
proposal together, et cetera.
Q. On the building relationships side and the business
development side, are you the one from Reliant that gave
Ms. McGilbra the tickets to the Houston Texans football
game?
A. No, sir, I did not.
Q. Are you aware of the fact that Reliant did provide her
tickets to a football game?
MR. DE!TTELBACH: Objection. Basis of
knowledge.
THE COURT: Sustained.
M R . WHITAKER: She testified to that.
THE COURT: If he doesn't have howledge, he
can't testify.
MR. WHITAKER: Let me rephrase it.
THE COURT: Do you know anything dbout it?
THE WITNESS: No, sir, I do not.
THE COURT: Okay. You need to go on to an
area he has knowledge about.
BY MR. WHITAKER:
Q Sure.
A. The City of Houston bought electricity for years and
years, except it was not competitively procured. There was
a regulated utility that provided electricity, so they
clearly knew how to manage it and manage building and so on,
so forth.
Mhat was new was there was never competition
for the selection of energy because that only began to exist
in 2002.
Q. So they hired a company to help them with that
procurement process, which was the new part to them?
A. That ' s correct.
Q. And that was CDM?
A. That's correct.
Q. And are you aware that CDM m d e proposals about
subcontractors?
A. I'm not sure I understand your question.
Made --
Q. Recommendations and proposals and reviewed all
potential contractors and subcontractors?
A. Yeah, they certainly reviewed the proposals that we
subnit, and I think their job was to provide counsel to the
City of Houston.
Q. And one of their jobs was to advise them on what
companies were credible and what companies could do the job
and what companies couldnlt,isn't that correct?
A. I don't know because I didn't work for them.
Q. I know you didn ' t work for them but, you know, in
attempting to -- how many millions of dollars did you say
the electricity was?
A. I think it was about $180 million.
Q. In the process of trying to sell this $180 million
project, you certainly did look to see what kind of role CDM
was playing?
A. Certainly. They had a consulting role to the City.
What, you know, what directly they advised the
City on, I don't -- I don't how.
Q. Okay. But you do know one of the things that their
consulting role included was recornending and evaluating
potential contractors and subcontractors?
MR. DEIITEL;BACH: Objection. Asked and
answered.
THE COURT: Why don't you ask one question?
Q. Do you -- you are aware that one of their -- within
Q. How did Mr. Jividen react when you made the phone
call?
A. I don't remember. In fact, I don't remanber if I
placed the phone call to Mr. Jividen or my subordinate,
probably JW. Tipton, so I just don't recall.
MR. WHITAKER: If I might just have one
second, Your Honor.
(Pause).
Q. Oh. Let me ask you this way: Based on your
perception at the time, did it appear that Mr. Jividen was
not expecting the call?
MR. DmTELBACH: Objection.
THE COURT: Overruled.
A. Can you repeat that, I'm sorry, one more time?
Q. Based on your perceptions at the time, did it appear
that Nr. Jividen was not apecting the call?
A. NO.
Q. No what?
A. It did --
recollection.
MR. WHITAKER: Okay.
BY MR. WHITAKER:
Q. I'm going to show you this. As you can see the front
page, it appears that it starts off "Mr. Ehmer was
interviewed."
Do you see that?
A. Yes, I do.
Q. Now, I want you to look at this line here.
THE COURT: Okay. Just show him the line.
Q. All right.
A. -- of derrwld side management.
I know they're a corporation that still exists
and have many lines of business.
Q. Now, another company that you mentioned was CH2M Hill,
am I correct?
A. That's correct.
Q. And they were among your subcontractors that were a
part of the -- these proposals, is that correct?
A. That's correct.
Q All right. You know them to be a reputable company?
A. Yes, I do.
Q. You know them to provide a good product, one that
you're proud to associate with?
A. Our experience when we had worked with t h e m on various
proposals was that they provided a good service.
MR. WHITAKER: If I m y have one second, Your
Honor.
( Pause) .
MR. WHITFXER: Nothing further, Your Honor.
THE COURT: J!Tr. Jenkins.
MR. JENKINS: No questions, Your Honor.
THE COURT: Do you have any redirect?
MR. DFlTELBACH: No, Your Honor.
THE COURT: Thank you.
Would the United States call your next
witness?
MR. DETTELBACH: Your Honor, m y we approach,
a scheduling matter?
THE COURT: Yes.
(Proceedings at side-bar:)
THE COURT: Just to complete what we had
talked about before, you need to return 302s.
MR. JENKINS: Judge, I can return those
because the ones I was not cross-examining them, I will
bring them back.
THE COURT: You will bring them back at a
break?
MR. JENKINS: Tomorrow, because some of the
witnesses I knew I wasn't going to question.
THE COURT: And just to kind of fill that out,
gather all the ones that you have that dealt with the 302s
before, and I want you to return them.
If for any reason the case comes back for
another trial or some other reason, you know, we'll set up a
procedure where you can review the Jencks material prior to
the examination and because of the problems we have --
MR. JENKINS : Only problem I have, I have some
privileged notes that I wrote on them as relates to
Mr. Jackson.
THE COURT: Well, you can put them in an
envelope and seal them.
MR. JENKINS: Okay.
MR. WHITAKER: And we had some as well. I
mean, it's going to be no srrall task. We have them all over
the place right now. We have copies made of some, and
obviously we're going to prepare our closing based on some
of then, too, but I think we will do our best to gather them
up tonight and --
(Recess taken) .
admission of?
MR. DFITEL;BACH: On the first page, 3, 4 , 5
and 6 .
MS. WHITAKER: Your Honor, would you l i k e us
objections?
THE COURT: No, I want the whole l i s t , so i f
W e o f f e r those exhibits.
D e f e n d a n t G r a y objects t o --
objection?
MR. JENKINS : Y e s , Y o u r H o n o r .
THE COURT: Okay.
this case there's quite a bit more testimony with regard to,
that the jury could draw an inference that the subpoenas had
been received and then all these sekngly business records
are contained in a knapsack in your client's closet, and I
think a jury could reasonably believe that the subpoenas are
relevant to the issue as to whether he had secreted
documents that were inculpatory so --
know, the argument the government makes was Ralph Tyler was
just a conduit to hide the payments that CH2M Hill was truly
at that time.
THE COURT: Was there any evidence there was
any kind of negotiation between JW. Gray and them or any
kind of reason given for -- why would they otherwise raise
the monthly retainer from 2500 to 2925?
MS. WHITAKER: I don't think that there was
any evidence about anything presented about why that these
records in particular, this exhibit, as well as I don't
believe it was identified. I don't remenher if it was.
MR. DE'ITEXBACH: It was, Your Honor.
MS. WHITAKIB: That they have any relationship
to this 425.
THE COURT: I'm not going to -- but you've got
testimony that Mr. Gray's got a contract, a number of
contracts. Each contract seems to be documented by a
specific written docurnat between CDM and him, giving a
particular dollar m u n t that they're going to pay, plus
expenses, right.
MS. WHITAKER: Urn-hmm.
MR. D
-CH: Then at the bottom there's
it's relevant.
MS. WHITAKER: Your Honor, we object to
object to 741.
I don't think that there's been any evidence
that something of value was given in exchange for anything
on these e-mils. I think the e-mils are irrelevant.
THE COURT: Okay. I'll overrule the
objection. I think they do have relevance.
MS. WHITAKER: Your Honor, we would object to
Exhibit 801. These are the Ritz Carlton invoices. I don't
believe that the -- they are prejudicial, they are
irrelevant, and thereIs been direct testimony by
W . McGilbra that when she arrived and proceeded to the
hotel, she had no idea she would ever be doing any business
with either Mr. Gray or W . Jackson.
So there can't be any intent on any of this to
show an intent for anything official.
THE COURT: I'll overrule on there. I think
the government's theory is this was the start of a number of
gifts that were given in direct return for her official
actions.
MS. WHITAKER: Right. But I believe that the
the more important time when she checks out? She checks out
after she'shad this discussion with Jividen and after
Jividen's note to her a h s t offensively I tried to get on
board the energy services contract.
When she goes down to check out, I think they
are relevant to the fact that she accepts the payment when
she knows Mr. Gray is connected with Jividen and she knows
Honeywell is interested in sticking their nose under the
tent in the electric service contract.
MS. WHITAKER: I think her testkny was
that was Mr. Jividen who discussed it with her; not
Mr. Gray, and that's who she thought was paying for the
hotel.
THE COURT: How does she explain Mr. Jividen
shows up to Mr. Gray's party?
MS. WHITAKER: I beg your pardon?
THE COURT: Mr. Jividen shows up to Mr. Gray's
same thing Exhibit 817 does. There was a hotel stay for
$3,069.
THE COURT: mcept 813 deals with Honeywell
taking the cost, and 817 deals with Mr. Gray being the
conduit for Honeywell eating the cost.
I' 11 receive t h a n both.
MS. WHITAKER: We would object to Exhibit 824;
relevant.
THE COURT: I'll overrule. I thirik there is
relevance to it.
MS. WHITAKER: We would object to %bit 825.
I don't think that Honeywell's code of business conduct has
anything to do with the laws that Mr. Gray has been charged
under.
I think it's -- it would be inproper for the
jury to rely upon it, and it's highly prejudicial.
THE COURT: Okay. 1'11 overrule that. I
think it is relevant.
MS. WHITAKER: We would object to the
organizer notes, IMibit 826, relevance.
THE COURT: Okay. 1'11 overrule. There were
statements made by Mr. Gray, they are not hearsay, and they
are otherwise relevant to the timeline and his activities.
MS. WHITAKER : We would object, Your Honor, to
-bit 828 for its relevance and prejudicial value. It's
also the same, the Ehing we have in 817 and 815, Your Honor.
THE COURT: I'll overrule the objection. I
think the fact that it's found in the knapsack itself is
relevant, where he was secreting it after having been served
with the subpoena, so I think it's independently relevant
from the earlier one.
MS. WHITAKER: Your Honor, we would object to
-bit 830. I don't know that there's been any testimony
on it, and its relevance.
THE COURT: Overruled. I think it's relevant
to the relationship between Mr. Gray and Ms. McGilbra.
MS. WHITAKER: Y o u Honor, we would object to
Exhibit 841, prejudicial and irrelevant.
The testimony I believe for Exhibit 841 was
that it was a birthday present.
THE COURT: That m y be.
The jury could potentially believe that, but
couldn't the jury alternatively believe that that was to
McGilbra? And so I'll receive it, and it is relevant.
MS. WHITAKER: Wibit 844, Your Honor, we
would object to for the same reason that we object to the
Cleveland codes. Mr. Gray is not charged with anything with
the Houston code of conduct. He's not a public official
subject to these laws, and they are prejudicial and
irrelevant.
THE COURT: Okay. I think they are relevant
and I'll receive them.
MS. WHITAKER: We object to Exhibit 846,
relevance, Your Honor.
THE COURT: I don't remember what that is.
MR. DJ3TTEL;BACH: Your Honor, this is the
actual letter and it has -- names crossed out, but it's
basically the mmrandum of understanding that all the
conversations are about trying to get Ms. McGilbra to get
this contract with the City of Houston.
THE COURT: I think it's relevant and I'll
receive it.
MS. WHITAKER: Exhibit 853-A, Your Honor,
again this is Hotel Lecirque. We have several different
1526
MR. D
-CH: I believe that's correct,
Your Honor, we also withdraw 740.
THE COURT: Okay. 741 will not be received.
MR. DFITELBACH: No, I ' m sorry, 740 and 742
were withdrawn. 741 was not.
THE COURT: Okay. That is correct.
Trevor Brown.
THE COURT: And this is in Mr. Gray's case.
CHARLES BROWN,
of lawful age, a witness called by the Defendant Gray,
being first duly sworn, was examined
and testified as follows:
THE COURT: Please come forward, take a seat,
and then tell the jury and the people here your name and
spell your last name for them.
THE WITNESS: My name is Charles E. Brown,
Sr. , B-R-0-W-N.
THE3 COURT: M s . Whitaker .
DIFUET EXAMINATION OF CHARLES BROWN
BY MS. WHITAKER :
Q. Good morning, Mr. Brown.
A. Good morning.
Q. My name's Andrea Whitaker and I represent Mr. Gray.
I'm just going to ask you a few questions
today. If you don't understand anything, please ask me to
repeat it.
A. Thank YOU.
Q. How long have you h o w Nathaniel -- excuse me.
Do you h o w Mr. Gray?
A. I do.
Q. And how long have you hown him?
A. Seventeen, 18 years now.
Q. And how do you know him? W e n did you first meet him?
A. Well, actually I first met him through his mom and his
uncles because they had a Sunoco station up the street from
me, and I had a store in East Cleveland.
Q. All right. Do you h o w other people in the c o m i t y
that h o w him?
A. Yes.
Q. Do you h o w his reputation for generosity?
A. I sure do.
No further questions.
THE COURT: Thank you.
Thank you. You can step down.
(Witness excused).
THE COURT: We're going to take a lunchtime
recess.
MR. JENKINS: Judge, no questions once again.
(Laughter).
THE COURT: I apologize.
(Jury out) .
(Luncheon recess taken) .
- - - - -
AFTERNOON SESSION
(Jury in).
THE COURT: Would the defendant Mr. Gray call
your next witness?
MS. WHITXKER: Your Honor, we call Irvin
Taylor.
IRVIN TAYLOR,
of lawful age, a witness called by the Defendant Gray,
being first duly sworn, was examined
and testified as follows:
THE COURT: Please take a seat, and then tell
the jury and the Court your name and spell your last name.
THE WITNESS: Name is Irvin Taylor, last name
T-A-Y-L-0-R.
DIRMPT EXAMICNATION OF IRVIN TAYLOR
BY MS. WHITAKER :
him?
A. Yes.
Q Do you know his reputation for generosity?
A. very gerUZOUS.
Q. Does he have a good reputation in the coxrmunity for
being generous?
A. Yes.
Q- Have you witnessed specific acts of his generosity?
A. Yes.
MS. WHITAKER: I have no further questions.
THE COURT: Cross-examination.
P/LS. BUTLER: No, sir. Thank you.
THE COURT: Okay. Thank you, sir.
MR. JENK.INS: No questions, Your Honor.
THE COURT: I'm sorry, Mr. Jenkins.
(Laughter).
THE WImss: Huh?
THE COURT: No, Mr. Jenkins may have some
questions.
MR. JENKINS: No questions.
THE COURT: Thank you. It's just you can step
down.
THE WITNESS : Oh.
(Witness excused).
THE COURT: Would you raise your right hand?
CHARLES NATKINS,
of lawful age, a witness called by the Government,
being first duly sworn, was examined
and testified as follows:
THE COURT: Please take a seat.
THE WITNESS: Okay. ;Excuse me.
THE COURT: And tell us your name.
THE WITNESS: My name's Charles Natkins, N as
in Nelly-A-T as in Tom-K-I-N-S.
DIFET EXAMINATION OF CHARLES NATKINS
BY MR. WHITAKER:
Rathbone .
We --
operation.
Q- So once you started working for Javitch, Block and you
were approved by the City again, how did that work go?
A. It worked out fine. The relationship continued to
grow, and continued to do very well.
Q. And how about your relationship with Gloria Lovelace,
any problems with that?
A. None.
Q. In late 1997, there was a mayoral race, do you
remeniber that?
A. Yes.
Q And who was the -- ultimately the winning candidate?
A. Ehmnuel Onunwor.
Q. And did he make some campaign speeches with regard to
the tax work?
A. His campaign m d e some inflarnnatory remarks about our
firm and our collection tactics, published. Whether he was
saying it at political appearances I'm not sure, but I know
that his campaign was putting out statements to that effect.
Q How did it come to your attention?
A. It was published in a mgazine called "The East
Cleveland Challenger," I believe, and there were coments in
there about our tactics of collection, I guess.
Q. Was he correct in his complaints about your tactics?
A. NO.
Q. What did you do then once he was elected?
A. Well, we asked for a meeting. Obviously with a new
adtministration we felt it was important to be able to
address his concerns and the concerns of his staff, and
basically to say hello.
Q. How did you go about setting up that meeting?
A. With Gloria Lovelace, through her.
Q. Okay. Why did you go to the trouble of setting up a
meeting and sitting down with the Mayor and having Gloria
there?
A. Well, because although we believed that the coments
were not factual and they were just puffery for political
reasons, we wanted to make sure we were addressing the
concerns of the new administration Mayor Onunwor.
Q Did you want to keep that East Cleveland tax work?
A. Of course.
Q. Did that East Cleveland tax work generate
sufficient -- a sufficient amount of revenue for Javitch,
Block?
A. It was a profitable client, yes.
Q. Apgroximately how much, if you know, revenue was
generated, say in the 1996-1997 per year period?
A. Approximately $500,000.
Q. For each year?
A. I believe so.
Q Okay. It certainly was enough you didn't want to lose
that account?
A. Correct. That's ten years ago, but I'm quite sure on
that.
Q. At that meeting was there any discussion about
Mr. Gray whatsoever?
A. None.
Q What is it that lihmnuel Onunwor told you at that
meeting?
A. He wanted to -- he did mention about some of the
tactics that apparently he had talked about or been
published about us. He was very concerned about minority
relations and were we hiring enough minority esnployees and
things of that nature.
And he indicated that he hadn't made any
decisions and things of that nature, and it was basically a
get to -- hello type of meeting, say hello.
Q. Was there any discussion about needing a consultant of
any kind?
A. NO.
Q. Prior to that meeting, had you talked to Mr. Gray
about Mr. Onunwor or East Cleveland in any manner at all?
A. NO.
Q. And you'll agree with me, sir, that initially you were
going to pay him $2500 up front and then 1,000 a month?
A. I believe that was the case, yes.
Q. And you wrote IZmnanuel Onunwor telling him that you
hired J!Ir. Gray, isn't that also true?
A. I did not write.
Q. The Javitch firm wrote to Mr. Gray?
A. Yes.
Q In fact, you mentioned a person by the name of Bruce
Block?
A. Yes.
Q. Who was he?
A. Managing partner.
Q. And he's the person you referred Mr. Gray to, right?
A. Yes.
Q. And, in fact, you said you and Mr. Gray had a little
discussion in the JCC locker room, do you remaker saying
that?
A. Yes.
Q And, in fact, in that discussion did Mr. Gray tell you
that he wanted to be paid for his service?
A. Yes.
Q And you also told that to Bruce Block, didn't you?
A. Yes.
Q. Now, after hiring Mr. Gray, your firm sent a letter to
Elnrranuel Onunwor saying you hired him, right?
A. Yes.
Q And that letter didn't have anything attached like the
written agrement to P/lr. Gray, though, did it?
A. I don't recall.
Q. Do you recall ever telling Etmanuel Onunwor how much
even before he became Mayor, that Mr. Gray was helping him
out at $500 per month?"
A. I do recall him saying he received financial
assistance prior to becoming Mayor.
Q. Right. But my question is a little more specific than
that, Mr. Massie, and that is: Do you recall him
specifically saying "Iwas getting $500 every month prior to
becoming Mayor " ?
A. I recall him -- I don't recall the every month, no.
MR. WHITAKER: Your Honor, if I could get the
overhead turned on, I'm going to ask the agent if this
refreshes his recollection.
THE COURT: You can show it to him.
MR. WHITAKER: Okay. (Handing).
BY MR. WHITAKER:
Q. First of all, this is --
THE COURT: Point him to the line.
MR. WHITAKER: Okay.
THE COURT: He'll howwhat it is.
MR. WHITAKER: (Indicating).
THE WITNESS: Okay. I see it.
Q Didn't you?
MR. DIZTTELBACH: Move to approach.
THE COURT: Sustained. It would be hearsay.
MR. D-CH: It's just another example of
an opportunity at cross-examination. It would be covered.
THE COURT: I already said it would be
hearsay.
Q. Let me ask you this: Did you yourself ever go talk to
any members of the legal department at Honeywell?
A. I personally, no.
Q Okay. Do you know whether any agents did?
MR. DFITELBACH: Objection.
THE COURT: Sustained.
Q. You heard the testimony of Mr. Spellman.
A. I did.
Q. And that he asked Nate Gray for payments because he
thought he could do him some good?
A. I heard him say he was bribed by Nate Gray.
THE COURT: Don't -- don't ask him to recall
what the testimony was.
That's what we ask the jury to do.
Q. You would agree with me that if there was a tape
recording where Spellrran was asking for help where he could
do any good, that that would be something fair for the jury
to consider?
MR. DITEZBAC'H: Objection.
THE COURT: I don't understand the question.
MR. WHITAKER: That if there's a tape
recording that contradicts that.
THE COURT: You can ask him if he knows of
some tape recording.
Q Do you know of a tape recording in which Oliver
A. I do.
Q. All right.
MR. WHITAKEEI: Nothing further, Your Honor.
THECOURT: Mr. Jenkins.
MR. JENKINS: No questions, Your Honor.
THE COURT: Cross-examination.
CROSS-EXAMINATION OF MICHAEL MASSIE
BY MR. DFITELBACH:
Q. Special Agent Massie, beginning with that last there,
was that the end of Oliver Spellman's career in public
service?
A. No, it was not.
Q. What happened?
A. He went to work for the County Co&ssionerls office.
Q. And what position did he get a job at the County
Comnissionerlsoffice at Harris County?
A. Deputy cdssioner.
Q. Is it a position of power?
A. Yes.
Q. Did you ever intercept anything that indicated Nate
Gray did anything for Oliver Spellman after he left the
chief of staff job?
A, No.
Q. Now, with respect to the questions you were asked
about Ea-rsMnuel Onunwor, when Etmmnuel Onunwor spoke with you
on those occasions, did he have a plea agreement yet?
A. No, he did not.
Q. What did he tell you about the reason that he was
being paid by J%r. Gray?
A. He told me various different reasons at different
times.
Q. Well, with respect to the one, the coments that you
were being asked abut, did he bring up any specific
contracts when he talked to you before he had his plea
agreement?
A. Yes.
MR. WHITAKER: Objection. Objection, Your
Honor.
THE COURT: What grounds?
MR. WHITAKER: He's already examined him all
about Onunwor, and I don't know if it has any relationship
to --
THE COURT: He's still allowed to ask him
follow-up questions.
BY MR. DC
-H:
over here.
THE WITNESS: Over here.
THE COURT: Mr. *taker .
DIRECT MAMINATION OF WILLIE HORTON
BY MR. WHITAKER:
Q. What's your name, sir?
A. My name is Willie Horton, Sr.
week. Sorry.
MR. DmTEUWCH: Yes, Your Honor, we do
object.
The basis for the objection is that this is
I
read it.
MR. WHITAKER: Oh, in other words, I forget
now --
MR. I
)
-
C
H
: It's the last page of those
exhibits that was attached to it.
MR. WHITAKER: He's checking just to &e
sure.
THE AGENT: 737.
MR. WHITAKER: Because if that's the case,
Your Honor, we will withdraw it.
THE COURT: Okay. R is withdrawn.
with?
MR. DETTELBACH: There's one more.
MR. WHITAKER: Yes, Your Honor.
MR. DETTELBACH: It's something we dealt with
before. We're back at the tape 1081 which is the Joe Jones
ain't worth anything tape, which we -- m. Whitaker objected
to, we didn ' t play it, and then he played, and then we
withdrew wha we were going through our exhibits. And I'm
not quite sure what to say to the Court.
THE COURT: Do you want to m v e the a ~ s s i o n
of that?
MR. WHITAKER: Yes, Your Honor.
THE COURT: Okay. 1'11 overrule and receive
it.
Okay. With that, do you rest?
MR. WHITAKER: Subject to my decision on
Mr. Casey tonight.
THE COURT: Okay. And then, Mr. Jenkins, do
you move the admission of any exhibit?
MR. JENKINS : Yes, Judge, and the only one
that we have on behalf of defendant Jackson is the proffer
of Rony Joel. Actually I gave you a clean copy. That's the
only one that I have, Your Honor.
THE COURT: Is there any objection to that?
MR. DETFELLBACH: Yes -- no. No, there's not.
THE COURT: Okay. That will be received
without objection.
And I'll understand, except for the last
witness, we'll proceed to the final instructions.
Let's take about 15 or so minutes and then we
will come back and talk about the final instructions.
Give me some hint, I've looked, since you
pointed these out at the last break, I've looked at your
proposed instructions quickly. Are there any major
differences between the ones proposed at this trial and the
one proposed at the earlier trial?
MR. WHITAKER: Yes, Your Honor.
believe is new.
There were a couple that I just -- it changed
the wording a little bit on because of Mr. Jones, but that
was it, it wasn't a substantive change.
THE COURT: So you're indicating instruction
number 18?
MS. WHITAKER: 18, 19, 20, 21 and 22, there's
been changes to instruction number 23, instruction nwnber
29, instruction number 30, 31, 32. I believe that is it.
THE COURT: Have you reviewed these proposed
instructions?
MS. BUTLER: Yes, Your Honor.
THE COURT: I'll take a look at them and then
we'll come back in a couple minutes.
(Recess taken).
THE COURT: We, at this point in time, with
the understanding that the case may stay open for additional
evidence, I ' 11 hear arguments on the Rule 29 motion.
This again would be if there's any issues
tomorrow that the parties believe that change the, you know,
the background of this, bring thm to my attention, but
otherwise the rulings that will be made today will control
for tamorrow.
MS. WHITAKER: The Rule 29?
THE COURT: Right, the Rule 29 motions.
MS. WHITAKER: Rulings.
THE COURT: So you won't have to renew the
Rule 29 motion tomorrow if you decide to call one additional
witness.
M S . WHITAKER: Just so the record is clear,
evidence on that.
You also have Onunwor's testimony professing
that he really had great influence with city council in
deciding who to pick on these type of issues so I'll deny
the motion as to Count 20.
MS. WHITAKER: Counts 21 and 22 are more wire
fraud counts for East Cleveland. I'll deal with them
specifically, but both of them I don't think are in any way
in any furtherance of any scheme to defraud.
Count 21 is a call between Mr. Jackson and
Ivlr. Gray, and as Your Honor has noted moments ago there's
really no comection to Mr. Jackson with any East
Cleveland --
THE COURT: Remind me, what was the call in
Count 20?
m. WHITAKER: 21?
THE COURT: No, I thought you were just moving
as to --
MS. WHITAKER : Right.
THE COURT: I'm sorry, 21.
MS. WHITAKER: That's the call between M r .
Jackson and I&. Gray, where Mr. Jackson's going to be at, I
believe, at a convention in D.C., Mayor's conference in D.C.
MS. BUTLER: Yes, Your Honor.
This is the call which I referred to earlier.
It's =bit 1044. This is the call when Gray is talking to
Jackson, Gray says he thinks that his Mayor is going to be
in Washington at the conference Jackson is going to. They
talk about how Jackson will look him up.
Gray describes to Jackson Gnunwor has his
Mayor, and this is the call in which he says he loves his
Nate Gray and he doesn't take a step without him.
It's obviously in the light most favorable to
the government, he's cormm.icating in coded language to his
co-conspirator what the relationship is there, and he's
asking Jackson to take care of his public official while
they're in Washington.
MS. WHITAKER: Your Honor.
MS. BUTLER: Now, of cowse m. Jackson is not
charged in that substantive count.
MS. WHITAKER : No, and I don ' t think any
conversation between Mr. Jackson and Mr. Gray, Mr. Gray can
be liable for some intent to defraud.
It's in no way in furtherance of anything to
do withMr. Onunwor. Mr. Jackson is the one that offered to
look up FsraMnuel and to take him to dinner. So Mr. Gray
didn't do anything in this conversation that would in any
way influence the scha-ne to defraud someone of honest
services.
MS. BUTLER: Your Honor, just a point. The
call itself doesn't have to be fraudulent. It has to be in
furtherance of an honest services fraud scheme.
THE COURT: I guess I don't have the
transcript right in front of me, but I'm not sure that you
established how that was in furtherance of the scheme.
I thought it was -- my recollection was that
the conversation was largely to the effect of "Hey, if you
see this guy, say hi to him."
MR. JENKDJS: Your Honor, that's one way.
Mr. Jackson says "Who is it?" He didn't even h o w him.
THE COURT: What specifically further -- why
don't you put the conversation up? Why don't you put the
transcript, not the --
P/LS. BUTLER: Your Honor.
there --
THE COURT: Didn't she say she had the dinner
the night before and Jividen was there?
MS. WHITAKER: She said the first time she
heard any mention of Honeywell or business with Houston was
at the Browns game.
At that point she had already spent both
nights in the hotel and received the tickets so she could
not have accepted any of those with any knowledge that it
was in return for any official acts.
THE COURT: I thought she went out to dinner
the night before with Jividen?
MS. WHITAKER: Her testimony was that nothing
think there's evidence that the $2500 was sent down, and I
to --
the decision.
THE COURT: On any question, matter, cause,
suit.
I'm going to tentatively include that.
Does the government object to 22?
MS. BUTLER: To 22? Yes, Your Honor.
THE COURT: What ' s the grounds for the
objections?
MS. BUTLER: Well, a couple.
First, it refers to a specific promise and,
that's not the case law. The case law is knowing that the
thing of value is being given in exchange for, and so the
word "Promise"I thi& overstates the govenment's burden
and significantly.
In addition, that same in exchange language,
it's actually not -- that doesn't track the instruction the
Court's giving dbout the element because it says "Inreturn
for."
should track it's supposed
statement of law, it should track the element that the
Court's -- as the Court's defining.
And in addition, there's this language "It is
only illegal when a public official is provided mney or
things of value in exchange for performing the official act
that is urged that a crime occurs," and of course that
suggests that it reads out every other law.
So it's a little too broad because of course
there are honest services violations conflicts of interest,
and indeed the offer is a crime.
This says "Is provided."
It appears that what the gravamen of the
defense is simply denial of intent, and so where this goes
wrong is where it tries to stay with the --
THE COURT: W e a note of this, Jason.
I'll include some overall statement if that's
what you want, but I think you do misstate what the
governing law is, so I'll try to change this only to the
extent that it, you know, I think misstates the law. And
I'll try to get some language to you tomorrow morning you
can review before we go to that, but assuming that you do
want that overall overview of the defense's position that
these rmtters are matters of gifts and also the element that
there was no relatively specific quid pro quo that is being
requested.
MS. WHITAKER : Yes.
THE COURT: All right. I'll try over the
night season to get something done on that.
I did not notice what difference the
instruction 23, how that differed from --
MS. WHITAKER: I don't have it, Your Honor, in
front of me, the old ones. I h o w I made a few changes, but
I can't put it before the Court today.
THE COURT: Mine is basically the same as what
it had been so.
And I think the government's proposal, and the
ones I currently have, have been also Sixth Circuit pattern
instructions.
They seem to have the same substance.
This seems to be the same as the -- I mean, do
you have any objections to the instructions that I've
offered to you on the aiding and abetting?
MS. WHITAKER: Not that I can notice after
quickly leafing through it right now, Your Honor.
THE COURT: Okay. All right. Was there
referred to?
MS. WHITAKER: 23 I 'm speaking of. Oh, what
it was, on my last --
THE COURT: Oh, you mean on the aiding and
abetting?
MS. WHITMER: Yes. Is that what you were
talking about?
THE COURT: Yes. I was asking about that, and
I thought you said you didn't notice any other differences
but --
(Court adjourned).
- - - - -
CERTIFICATE
I certify that the foregoing is a correct
transcript from the record of proceedings in the
above-entitled matter.
BY MR. DFITELBACH
REDIRE@r EXAMINATION OF MICHAEL MASSIE
BY MR. WHITAKER
RElCROSS--TION OF MICHAEL MASSIE
BY MR. DFITELBACH
DIRECT E=XAMINATION OF DENISE McCRAY
BY MR. WHITAKER
CROSS-EXAMINATION OF DENISE McCRAY
BY MS. BUTLER
DIRECT EXAMINATION OF CASSANDRA ROBINSON
BY MR. WHITAKER
DIF5KT EXAMlINATION OF WILLIE HORTON
BY MR. WHITAKER
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
X=3? -Q
APPEARANCES :
For the Government: STEVEN M. DETTELBACH,
BENITA Y. PEARSON,
MARY BUTLER,
Assistant U.S. Attorneys
Fourth Floor - U.S. Courthouse
801 Superior Avenue West
Cleveland, Ohio 44113
self-suppressed period.
And, also, Spellman does the same thing.
And Monique, whose testimony was all over the
place, as well as Hardernan, purportedly had conversations
that we believe will contradict what they were saying in
front of the jury.
We should have the opportunity to review
those, or at the very least the Court should conduct an in
camera inspection.
THE COURT: Okay. And for the reasons I laid
of the exhibits --
THE COURT: I think we've gone through all the
exhibits.
MR. WHITAKER: Yes.
THE COURT: Is there anything additional? Any
&bits other than the ones we've dealt with already?
I'm just asking a generalized question, just
so the record is clear that you'vehad the chance to m v e
the admission of every exhibit you want.
MR. WHITAKER : I know you did, and I didn' t
want to answer it too hastily, but I believe that's the
case.
THE COURT: Okay. Just for the record,
Mr. Jenkins, who would be your first witness?
MR. JENKDJS: Your Honor, we rested.
THE COURT: Okay. And again, did you have any
exhibits other than the one that's already been offered and
received?
MR. JENKINS : No, Your Honor, other than that
one W i t .
THE COURT: Okay. What I want to do is we had
some discussion about the instructions yesterday.
I'm going to -- my thinking is that -- well,
before I go to that, though, let me just ask fonmlly does
the government have any rebuttal witnesses?
MR. DFITEL;BACH: No.
THE COURT: Let me just go to the way the
instructions currently are, and m y thinking would be that
we've gone through these already.
There had been some request for changes. I've
included some additional language.
We can go over that, and then we would recess.
I'll get copies of these instructions prepared, distributed
to the jurors so they can follow as the instructions are
given.
After -- and that will take a bit of time.
After that's completed, I would give the jury
the final instructions of law and then each of the parties
would have an opportunity to mdke final argument.
So the instructions will precede the final
argument.
What's the goverr~~ent's
thinking in terms of
the length of time you'd request? Before I cut it down.
MS. PEARSON: Before you cut it down, Your
Honor?
THE COURT: What are you thinking? My
recollection was the last trial was an hour.
MS. PEARSON: No, it was an hour and a half,
Your Honor. Well, two hours. We took a little less than
that.
THE COURT: Okay. And at that point in time,
of course, we had defendant Jones.
J%. PEARSON: Exactly. We had a little bit
more evidence.
This the, Y o u Honor, we would ask for an
hour and a half total.
THE COURT: Okay. What's your thinking?
MR. WHITAKER: Your Honor, we have Mr. Gray as
you h o w is charged in every single count that the
government has to argue, and we would ask for an equal
m u n t of time as the government, an hour and a half.
THE COURT: What are you thinking,
M r . Jenkins?
MR. JENKINS: No more than an hour, Your
Honor.
THE COURT: I would do this: I'll give the
government an hour and a half, but I would suggest to you,
you how, don't -- use it wisely.
Don't just repeat yourself.
I'll give Mr. Gray an hour and 15 minutes and
I'll give Mr. Jerikins up to an hour and 15 minutes.
So between the two defense sides of the case,
you'll have somewhat -- well, significantly more than the
government, but I think that's kind of a fair division.
If you'll look at your screens, we can go to
the instructions. Most of this has been covered.
The early pages of this are just pattern Sixth
Circuit instruction.
This goes then and Page 13 begins a discussion
of the overview. We've gone through this both at the time
of the last trial. This tracks the same language as to the
last trial, although the counts related to Mr. Jones have
been r m v e d as well as the count that judgment was given
yesterday with regard to the one wire fraud count.
The next is an overview of the RICO count,
including the statute.
This all tracks the language which was used
the last time.
Then we go to the honest services wire and
mail fraud.
Then we go to the kind of a description as to
which mailing is alleged in each count.
MR. DETITELBACH: Your Honor, Count 21 may
still be in your chart.
THE COURT: You're right.
So again, the mailings or the wire
corrPnunications are there. Then we list the mailings. These
are broken down according to geogaphical area.
This is all language that had been used
beore.
Then on the Hobbs Act claims, these again are
the various counts, and a description of the elements of the
Hobbs Act violation, official act had been requested, and
that ' s included.
And then I've included this language relative
to the defense's,you know, position on it.
(Pause).
Then I've included this language under the
Ohio ethics law. This, and what I do, you both made
s ~ s s i o n son that. Instead, this is, I believe, just a
quote from the statute.
MR. DE;TTKBACH: It is, Your Honor, but it's a
quote from the statute that applies to public officials.
There's also a statute that says, in the same provision,
says that the private person can't do it either.
THE COURT: Okay. Well, I'll -- you're likely
correct on that.
1'11 -- do you know which section that is?
MR. DETITELBACH: Yes. It's subsection F, Your
Honor, of 102.03.
THE COURT: Okay. I'll include some language
from that.
MS. BUTLER: Your Honor, I think on the
defense theory, also, the language doesn't exactly track the
Hobbs instruction because it talks about promises in
exchange as opposed to knowing acceptance.
THE COURT: I'm sorry, I'm not sure I
understand what you're saying.
MS. BUTLER: Yes, Your Honor.
The objection we articulated yesterday was
that the defense instruction talks about there can be no
violation unless there was a promise, and that's not the
law.
The law is as it's stated in the instruction
is that "A public official wrongly obtained property bowing
that the property was given in return." "In exchange for a
promiseu it says there where the cursor is. It should say
"Knowing that the property was given."
We believe "Promise"overstates the
govement ' s burden.
THE COURT: With this language, I understand
what you're saying, the wording may be more appropriate, "in
exchange for the performance of any specific official act."
MS. BUTLER: Rather, Your Honor, we propose
just pasting in the instruction from Page 44 which says
"Wowing that the property was given in return for."
MS. WHITAKER: Your Honor, I think that what
you're suggesting is fine, that given in exchange for a
specific official act knowing that, and maybe we could put
at the end of that sentence, "knowing."
MS. BUTLER: And our position is that that
overstates the government's burden.
THE COURT: I'm not sure in what way, the
language as it's currently fomlated.
MS. BUTLER : Your Honor, we would say " In
exchange" should come out and it should say "Knowing that
the property was given in return for." Taking --
THE COURT: Okay. I think I understand what
you're saying.
MS. WHITAKER: If we could --
THE COURT: Let me just -- "Was given for the
performance of any specific act."
I think it has the same effect.
MS. WHITAKER: Could we add at the end of that
official act, "With the official knowing that it was given
for such purpose" because that's the language as Ms. Butler
refers to that is the language i
n the statute.
THE COURT: What language are you suggesting?
MS. WHITAKER: At the end of that sentence,
want it out?
MR. WHITAKER: I need to look at the last
part, which I can't see as I'm looking at it now.
Could we scroll down a little bit?
THE COURT: Well, this language is out. The
strike out language is out. So that's the only language
that's in.
MR. WHITAKER : That ' s the only language that ' s
in?
THE COURT: This is the only language that's
in. This language will be taken out.
MR. WHITAKER: The paragraph up dbove only?
THE COURT: These two paragraphs are the only
ones going to be given.
MR. WHITAKER: So nothing about gifts over
$75?
any m y .
The evidence in this case includes only what
the witnesses said while they were testifying under oath,
and the exhibits that I allowed into evidence.
Nothing else is evidence. The lawyers'
statements and arguments are not evidence. Their questions
and objections are not evidence. My legal rulings are not
evidence. And my corranents and questions are not evidence.
During the trial, I did not let you hear the
answers to some of the questions that the lawyers asked. I
also ruled that you could not see some of the &hibits that
the lawyers wanted you to see. And sometimes I ordered you
to disregard things that you saw or heard, or I struck
things from the record.
You mst completely ignore all these things.
Do not even think about them. Do not speculate about h t a
contract.
And East Cleveland, there are three, also, or
at least I'll group them that way. The first one you heard
just yesterday from Charles Natkins, the Javitch, Block
contract. And then Ralph Tyler actually had m r e than one
contract but I'll list him only once because that
engineering firm, he represents one vendor, one client of
Mr. Gray's.
And then lastly, there was the OMI water
contract.
But what needed to happen here, ladies and
gentlemen, so I'm sure you understood, you've been very
attentive all week, in order, for example, Honeywell to get
this energy contract, the Gray enterprise had to jump into
action.
You've heard these men speak. You've heard
witnesses testify. You h o w they have no technical degrees
but you also know they are very savvy, they are very smart.
They know what it takes.
So after you develop the enterprise, it
exists, there's what the Judge has referred to as the
pattern of racketeering activity. Just a fancy way of
saying a bunch of bad acts.
And you've seen evidence of those bad acts.
They were the Louis Vuitton purse, they were the cash to
Onunwor, the cash to Spellman regarding the Houston
contract, the $2500 shipped by Federal Express to Vince
Sylvain. For Julius Ciaccia, there's the 425 for his
daughter's tuition, and keep in mind that the limit of these
bad acts are only as limited as your imagination because
regarding Ciaccia and the City of Cleveland's water
division, there were also gifts to Diane right in front of
her boss, the Division of Water's Co~ssioner.
She asked Mk. Gray to give her money for a
hotel so she could go to the Essence Festival, and he did
that. And you h o w why? Because you heard, and we'll
review just briefly -- every call you hear today has been
cut severely -- "because that girl's special to that m."
So by giving money to her, and you saw
Mr. Gray's check, Exhibit 712, $1,078,hope to influence the
contract letting. All of these contracts were in play
during those various items.
You'll never forget the 22 Indians tickets.
There's also a conversation where Mr. Gray says "You know, I
was talking to Ciaccia and the conversation just wasn't
going right and I just switched gears on him. I brought up
the fact, I said 'Well,how's Diane' and then I mentioned I
had given Ray Coty ' s father a job. You mentioned Diane
Pinson testified Ray Coty was her best friend; also a
Division of Water employee.
Ray Coty went with her to the fundraiser that
she didn't have to pay for, that Ciaccia didn't have to pay
for, that Mr. Gray paid for.
And Ehrmnuel Onunwor, hard to forget, I' 11
remind you of some of the evidence but again it's just
envelope after envelope after envelope, each one filled with
crisp $100 bills.
And you'll have this back in the jury room.
You can study it. This is the one seized on the 11th of
&ch in 2003.
But ask yourselves, despite how savvy these
men are, why does Honeywell need the enterprise in between
itself and these contracts? Well, you h o w why now. They
needed a buffer. There needed to be some air, some space in
between the letting of the contract in exchange for these
bad acts or these things of value.
The Judge has told you, and correctly so, that
you're going to be required to find certain things about
these bad acts; that they are related, there's a continuity,
that the enterprise was ongoing. And you'll hear calls
about that. I'll r
&
d you of sane of them today. The
long-term arrangements that Sylvain wanted; Rmanuel Onunwor
saying "I'mgoing again in three years, I'm running for
reelection, I'm going to protect our business."
This business wasn't the Gray -- the Gray
enterprise wasn't going to stop itself.
The bad acts, I colloquially say they are a
bunch of bad acts, but the Judge has told you that they take
different forms. They are Hobbs Act conspiracy, there's
Hobbs Act substantive charges, there are mil and wire fraud
charges, and all of these are going to be presented to you
in the written instructions that you'll take back to study,
and you'll see exactly what each one means.
For instance, Hobbs Act is simply the giving
of somthing of value to a public official in exchange for
an official act or w
en a promise of the official act. The
public official doesn't have to ask first because you'll
hear sometimes extortion or bribery and, you know, typically
from extortion you think, oh, you have to point a gun and
m k e someone do it, but the public official doesn't have to
ask.
It isn't even necessary that the act is
actually finished. For instance we h o w that the HANO
contract didn't come through. HANO, unfortunately, went
bankrupt. All that was necessary there was that the $2500,
it was an agreement between Mr. Gray and Mr. Jackson to give
the $2500 to Vince Sylvain to get this thing mving.
Along those lines, you're going to see at
times that there are different mil frauds and different
wire fraud acts that fall within an umbrella. The
conspiracy would be an umbrella. So I've just told you what
Hobbs Act is; giving something of value in exchange for an
official act.
Well, the Hobbs Act conspiracy is that along
with an agreement to do it, so there will be times when
there' s an agreement, for instance, to provide things of
value to various public officials in Houston. And those
individual things of value you see are charted separately as
substantive Hobbs Act. Just like there's overarching Hobbs
Act conspiracy to provide something of value to Vince
Sylvain, and then underneath that there's substantive
charges, the actual mailing of the envelope with the $500
check in it.
And Your Honor said that's honest services
mil fraud. And what's required there is that the mils be
used or caused to be used in deprivation of honest services.
And honest services are simply a citizens' and the
government'sright to q c t its public servant to act
without conflict, conflict-free representation.
So it really boils down to pretty much your
cannon sense. So, please, don't throw that out the window
as you review this case.
Farl'sbrother is another time when I'd like
you to use your c m n sense and again realize that a scheme
to defraud is not at all limited in any way, just like
Julius Ciaccia was influenced at times not only directly to
himself but in the interest of those he cared about, Diane,
Ray Coty, but Lee Brown, the Mayor, was gotten to through
his brother Earl Brown.
I'd like now to ask you to put on your
headphones for just awhile. We're going to go to an
electronic version of my presentation and you'll need it
just to hear the first call. You'll hear M r . Gray's voice.
(Tape playing) .
MS. PEARSON: Now, you'll need this for a
couple m r e calls, but I'd just like to say did you hear the
begiming of that call when it says "Stan,how you get i
n
the system with people you g-rew up with."
Ranember what you heard on cross-examination
h e n Ehmnuel Onunwor was on the stand and what you m y very
well hear when I take my seat, that Ehmnuel Onunwor knew
Gray before he was the Mayor of the City of East Cleveland
and that Gray occasionally helped him out financially then.
And remember that Onunwor also said, "Well,
yeah, he discouraged me when I said I was going to run for
Mayor but then there he was, he was behind me."
Mr. Gray's just told you his secret, how you
get in with people you grew up with. He was g-rooming
ElraMnuel Onunwor all along. From the time he started naking
his cdtments, Ehmnuel Onunwor was somebodty in the works.
And eventually when he landed the position, a public
position, elected Mayor, the contracts, in exchange for
money, went into full effect.
Would you please go on to the next one?
(Tapeplaying) .
MS. PEARSON: You might recall there what had
call. Rick Sawicki who took the stand was on that call. As
soon as that conference call ended, Mr. Gray and Mr. Jackson
spoke privately abut bribing Vince Sylvain.
Will you please show 720? This was a check
that was miled. Nina Upshaw recognized it as one of their
own.
Will you please go on to 1132, the next call?
(Tape playing).
MS. PEARSON: Part of the long-term thing,
sound familiar? That's exactly what Onunwor wanted. That's
exactly what we just refreshed you on, but you heard Marc
Morial wanted it and Ben Jeffers was brought in, too, as a
consultant. This was an ongoing, a continuous series of
activities that were going on.
Please, 1120.
(Tape playing
MS. PEARSON: Keep that in mind, it's
Mr. Jackson speaking to Mr. Gray. And did you hear him say
he has like Monique's position, the w o n he has to say,
"Oh, what's her name" and pretend he doesn't know very well,
and when he talked with the FBI, not even be able to tell
the FBI whether Mr. Gray hew Monique or to say "Well, I met
her at a conference, I saw her once at the Essence Festival
but no telephone contract."
Then you heard the birthday call. I don't
know vd~odid it worse, her or Marilyn Munroe, "Ham
birthday." I won't do it for you, but you heard the song.
And then lastly the HANO contract that was
being vied for in the City of New Orleans, and again they
didn't get it, no one got it, but it'snot important to your
consideration of guilt regarding the crime put before you.
But we can move on to Houston.
THE COURT: You've got about -- you've used
about 45 minutes.
MS. PEARSON: Thank you, Your Honor.
W t you see is again something handwritten by
Mr. Gray identified by his assistant Nina Upshaw, and you
heard Monique say that her sister had been provided a job by
Rick Cloutier. She recently had graduated with an
engineering degree. You also heard her say she had a house
fire and Mr. Gray promised her a grill. You can see this
list, it's like a gift list with the football schedule. You
heard that was provided to her, Florida; you heard about
that, the $1,000 dinner. We can go on.
Go to the e-mil quickly through that.
And then of course there is the famed
Cleveland trip. This is just the Ritz bill from that trip.
And keep in mind &. McGilbra testified "I didn't h o w this
was arranged so I could meet with Jividen when I got here."
But she h e w it before she checked out of her hotel. She
h e w it at the brunch before the football game. She
certainly knew it when he badgered her during the football
game. You heard her say she was annoyed by that.
And she hadn't checked out. At any point i
n
time she could have gone back to her hotel, paid her own
bill and not let Honeywell pick up the tab, but that didn't
happen.
If we could scroll through the next one, the
brunch receipt, the Watermark and the mzing tickets
invoice, this is for the Ravens-Cleveland Browns football
game M r . Jividen paid for. And then the photogaph,
Mr. H a r d m identified himself, Ms. McGilbra, Mr. Gray in
his accompaniment, the girlfriend Valerie and Mr. Jividen
and his wife.
Now, we can go on to 829. This should be
Garland Hardeman's contract with FIT\;IA. You saw initially
M r . H a r d m thought in his draft proposed to J3I!NA that he
(Tape playing).
MS. PEARSON: You can stop it here.
You get the point.
That's how the Gray enterprise worked. You
had to figure this all into a budget, what it would cost to
maintain another Councilman, another Mayor, another public
official.
The next one, please.
(Tape playing) .
MS. PEARSON: You hear that, "No sense for us
not to succeed." Continuity, going forward.
RmEYnber Ben Jeffers. Monique McGilbra
MR. DC
-H: Objection.
THE COURT: Again, disregard the last comment.
MR. WHITAKER: YOU know, the government
introduced e-mils. You take a look at them, Exhibit 737.
And you want to h o w something? After all of
this, after all of these years of investigation, after all
of these allegations have been investigated, CDM is still
doing business with the City of Cleveland.
And what happened to Ciaccia? If what was
being said about Ciaccia was true, he would be out on his
ear. And you know what? Not any of the old Mayors, not
an- else involved in any other --
THE COURT: Let me just -- disregard that
comment.
Go on.
MR. WHITAKER: You -- okay. I'm just talking
about what you heard from the evidence stand.
THE COURT: Now, go on.
MR. WHITAKER: I am.
Ciaccia is the new service director.
THE COURT: I'm telling you, disregard that.
MR. WHIT=: Your Honor, it wasn't even
objected to.
THE COURT: This jury is the one that 'sgoing
to m k e a decision as to whether or not --
MR. WHITAKER: Am I wrong h u t that? I don't
understand.
THE COURT: -- as to whether or not improper
matters were given to him or to others.
MR. WHITAKER: Okay. All I'm asking, folks,
is that you consider all of the evidence.
Now, let's talk about Houston. Let's talk
dbout Rick Cloutier, the manager of C13BVI from Houston.
Consider any investigations around Rick Cloutier and
consider what Rick Cloutier did in this case.
What was his job? C138vI, long before there was
ever any trip to Cleveland, had a contract with the City of
Houston to adtvise them on who to hire as contractors and
subcontractors for the City of Houston.
And Rick Cloutier handled the entire itinerary
for caning to Cleveland on that trip where they ended up
going to the football game.
Rick Cloutier and the people at CDM, not just
him, are the ones that made the decision and made the
recommendation. You heard ~onique,and there's no question
about Monique, you know, she goes into this hotel, doesn't
have any idea that Honeywell's even -- she's even going to
talk to somebody from Honeywell, doesn't have any idea
according to her, apparently, that Nate has an arrangmt
with Honeywell. And she starts g& up massages and
flowers and everything else, shopping on this hotel bill.
What we ended up finding out is that she had
an arrangment with some other company where she was getting
cash, getting paid cash, sometimes five or $6,000. But she
didn't get any of that from Nate Gray. She didn't get any
of that from a n y m involved in the Cleveland project.
In fact, there was never any money that came
out of the Cleveland project, that came out of that
Honeywell project, that had anything to do with any money
that she got.
Keep in mind this: They go back to Houston
and what does she do? What's the only thing she does? She
calls Rick Cloutier and says "What do you know about
Honeywell?
"Hey,Honeywell is a great company. Honeywell
has a good reputation, and as a matter of fact we're
concerned about this supply side/demand side stuff. Reliant
which now, apparently since we're getting close to when
Ehron went under, Reliant, they're going to supply all this
electricity. It m y be that we ought to have somebody else
do the demand side."
So when -- just a mnth later when the final
proposal comes up, pursuant to the recmendation from CCRVI,
it says "Reliant'sgoing to get it, these are some
subcontractors,"that including CH2M Hill was in there, too,
"but these are some subcontracts that including Honeywell
ought to be the subs on the job."
The only other thing she said was that she
smoothed out, she smoothed out that rift between Reliant and
Honeywell. There was some clash. You know what she also
told you Fn her job as a service director, it is her job, if
she's doing her honest services job, if she's doing what she
should be doing, that's what she should be doing. If
there's a problem between a sub, go solve it. "What are we
going to do? Go back and retire, go back to city council?"
By the way, city council mkes the final
reco~~hnendations,
city council makes the final decision. So
what does she do? She says "Look,guys, try to work this
out." If she's doing anhonest job, that's what she's
supposed to do.
And the other contract in Houston involves
Spellmn. And Andrea, if I leave her any time, Andrea is
going to talk to you a little bit about that, too, but
here's the thing about S p e l h and the contract.
You know, the only thing he's supposed to have
done, and remember you heard that conversation about
Spellman -- I mean about Jividen and Nate being glad that
Spellman got promted? That was because they were
consultants, and he was a resource and somebody they could
talk to. He hadn't asked for anything at that point, not
anything, no help whatsoever.
That was a consultant saying "Great,we have
somebody that's going to help us." And when he came to Nate
and said "Look, I need a loan,"he did it because of Nate's
reputation, he did it for the same reason he came to him
when he flunked that drug test. And there was nothing on
the agenda. There was nothing going on.
It wasn't until months later when he gets the
call and here's what he's told, "Don'tdo anything. Just
find out whether it's true because if somebody is coming
down here and pretending they are the Mayor, I'd like to let
those people how."
So ultimately what they are saying is he paid
this mney to have his friend try to influence a contract
when he told him not to influence it, a contract that the
the hard one. Yeah, you know what, but he said he wasn't
going to do it. That's not enough. That's not enough. You
have to amly the law. You m y not like that. You m y not
like the way you have to apply it, but that's the law.
The fact that he said it, they have to prove
to you beyond a reasonable doubt that he attempted to do
something or he gave it to him. There's no evidence that
mney went anywhere I think out of his bank account.
than that.
THE COURT: No, this is just to try to alert
understand it, Your Honor. I'm just saying when you look at
it that way out of the context of the jury instruction, I
don't think it's necessary.
You're correct, that Is what it does do, but it
states the crime is just the providing of things of value.
MS. BUTLER: Your Honor, our position is when
they're not getting the indictment, we have to give them
some guidepost.
MR. WHITAKER: Same things with 3 and 4.
THE COURT: 1'11 change 3 to say "Payment to
CERTIFICATE
I certify that the foregoing is a correct
transcript from the record of proceedings in the
dbove-entitled matter.
- - - - -
TRANSCRIPT OF TRIAL PROCEEDINGS HAD BEFORE
:..>
.: - >
THE HONORABLE JAMES S. GWIN,
-
cL d131
---
i-ZJ
, b ' i t j
JUDGE OF SAID COURT, AND A JURY, -.-. : llru*
?,-, .- -:: .*
0 3 i'
,, .,.-3
VOLUME 8 1 8
' ?-?
APPEARANCES :
For the Government: STEVEN M. DETTELBACH, 'V
BENITA Y. PEARSON,
MARY BUTLER,
Assistant U.S. Attorneys
Fourth Floor - U.S. Courthouse
801 Superior Avenue West
Cleveland, Ohio 44113
correct.
I think in this case there'smre, but I
think --
(12:50p.m.)
THE COURT: I want to do two things. The
first is I'm not sure I completed the record by setting
forth on the record what the response was.
The response I intend to give to the jury or
that has been given to the jury will be as follows: "In
order to convict a defendant of the crime of conspiring to
comnit a Hobbs Act violation, the governrent must prove the
following elements beyond a reasonable doubt.
llFirst,
that two or m r e persons conspired or
agreed to cornnit the crim of Hobbs Act violation.
"Second, that the defendant knowingly and
voluntarily joined the conspiracy.
"Under the law, the government m y , but is not
required to, prove that the defendant agreed that he
personally would be the one to cornnit the Hobbs Act
violation.
"Instead,the defendant need only have adopted
the goal of furthering or facilitating the criminal
endeavor, and the defendant m y have done so in a variety of
ways short of agreeing personally to undert*e all the acts
necessary for the crin-elscompletion." I
I
(5:20p.m.)
THE COURT: Why don't you take a seat for a
second?
We received a c m i c a t i o n from the jury
indicating they've reached a verdict, so 1'11 ask the deputy
to bring the jury in.
Let rrie ask.
(Jury in).
THE COURT: Would the jury take their seats?
Ladies and gentlemen of the jury, have you
selected one of your mmbers to serve as the foreperson?
A JUROR: We have.
THE COURT: Juror number 20, have you been
selected as the foreperson?
A JUROR: Yes, I have.
THE COURT: Has the jury reached a verdict?
A JUROR: Yes, we have.
THE COURT: Would you hand the verdict to the
deputy?
A JUROR: (Handing).
THE COURT: Case Number 2004CR580, United
States versus Nathaniel Gray, verdict as to Count 1
involving the RICO conspiracy.
"We, the jury, in this case having been duly
impaneled and sworn find the defendant Nathaniel Gray guilty
of the offense of RICD conspiracy as charged in Count 1 of
the superseding indictment in violation of 18, United States
C, Section 1962 (d). Each of us jurors concurring in said
verdict signs his or her name to this verdict this 17th day
of August, 2005.11 Verdict signed by twelve mmbers of the
jury-
Verdict Count 2. I1We,the jury, in this case
having been duly impaneled and sworn, find the defendant
Nathaniel Gray guilty of Hobbs Act conspiracy in violation
of Title 18, United States Code, Section 1951, again signed
by twelve members of the jury.
Verdict as to Count 3. I1We,the jury, in this
case having been duly impaneled and sworn find the defendant
Nathaniel Gray guilty of the offense of Hobbs Act as charged
in Count 3 of the superseding indictment, in violation of
18, United States Code, Section 1951 and 2 , " again signed by
twelve ~ m b e r sof the jury. Each of these has the date of
August 17th, 2005.
Verdict Count 4. I1We,the jury, in this case
having been duly impaneled and sworn find the defendant
Nathaniel Gray guilty of the offense of Hobbs Act as charged
in Count 4 of the superseding indictmt, in violation of
18, United States Code, Section 1951 and 2 . "
Verdict, Count 5. "We, the jury, having been
duly impaneled and sworn find the defendant Nathaniel Gray
guilty of the offense of Hobbs Act as charged in Count 5 of
the superseding indictment, in violation of 18, U.S.C.,
Section 1951 and 2.l1
Verdict Count 6. I1We,the jury, in this case
having been duly impaneled and sworn find the defendant
Nathaniel Gray guilty of the offense of Hobbs Act as charged
in Count 6 of the superseding indictment, in violation of
18, U.S.C.,Section 1951 and 2.
I1We,the jury, in this case having been duly
impaneled and sworn find the defendant Nathaniel Gray guilty
of the offense of Hobbs Act as charged in Count 7 of the
superseding indictment, in violation of 18, U.S.C.,Section
1951 and 2.
"We, the jury, in this case having been duly
impaneled and sworn find the defendant Nathaniel Gray guilty
of the offense of Hobbs Act as charged in Count 8 of the
superseding indictment, a violation of 18, U.S.C . ,
Section 1951 and 2 . "
Verdict, Count 9. We, the jury, in this case
having been duly impaneled and sworn find the defendant
Nathaniel Gray guilty of the offense of Hobbs Act as charged
in Count 9 of the superseding indictmat, in violation of
18, U.S.C.,Section 1951 and 2 . "
jury?
MR. WHITAKEEt: Yes, Your Honor.
flight --
THE COURT: In terms of risk of flight, his
family is where?
MR. DETIELBACH: His family, his ex-wife is in
Cleveland and his girlfriend are in Cleveland, and he
has --
(Court adj o u m d ) .
CERTIFICATE
I certify that the foregoing is a correct
transcript from the record of proceedings in the
above-entitled matter.