USA v. Mariano

Rick walks

2006-03-29T10:44:00.000-05:00

Democracy 101

2006-03-24T08:13:00.000-05:00

Mariano ally pleads guilty to bribery

2006-03-24T08:11:00.000-05:00

So hard to say, 'It's time to resign'

2006-03-21T08:45:00.000-05:00

. Federal Detention Center - Philadelphia

Sunday's wrap

2006-03-20T08:14:00.000-05:00

Exeunt Omnes

2006-03-18T09:04:00.000-05:00

The verdict

2006-03-17T16:45:00.000-05:00

More Mariano Reactions

2006-03-17T15:48:00.000-05:00

Tinari was dashing down to the second floor to check on his client, and didn't speak to the media. Hurrying past, he told us he was "surprised" that the judge kept Mariano in custody.

Mariano Family Reactions

2006-03-17T15:42:00.000-05:00

Mariano's wife arrived late to the verdict, coming in after the first eight counts had been read. She blinked back tears as the remaining counts were read and the jurors confirmed their verdicts. Staffer Carmen Sousa, sitting two seats away, wiped tears from her face.

When the judge ordered the Councilman into custody, there was an audible gasp from the row of seats occupied by family and staffers.

They all watched as two burly U.S. Marshals handcuffed Mariano and led him from the courtroom. Mariano clasped his eyeglass case in his hands behind his back.

Led away in handcuffs

2006-03-17T15:31:00.000-05:00

Mariano was escorted from the courtoom in handcuffs.

Mariano DETAINED - bail REVOKED

2006-03-17T15:30:00.000-05:00

Judge says the incident at City Hall was "never completely explained to my
satisfication and may signal threat to his own safety" and risk to others. He
said he thinks a person facing a lengthy prison sentence presents a risk of
flight. He orders a mental health evaluation "as soon as possible."

Then the judge says he will hold another hearing.

Until then, councilman is in custody

Bail conditions being discussed

2006-03-17T15:23:00.000-05:00

Judge has concerns about whether Mariano should have a psychiatric
evaluation. A sidebar conference is underway

Mariano found guilty on most charges

2006-03-17T15:17:00.000-05:00

A federal jury today convicted City Councilman Rick Mariano on corruption charges.

He was convicted of corruption, money laundering, fraud, tax and bribery charges. He was found not guilty of four fraud charges.

Jury has been polled. All agree.

Mariano, whose district includes parts of North and lower Northeast Philadelphia, becomes the first sitting Councilman convicted of corruption since 1991.

He will lose his council seat when he is sentenced in a few months. Mariano probably faces five to ten years in prison.

During a two-week trial, a 12-person jury heard prosecutors present evidence that the Councilman took nearly $30,000 in bribes from local businessmen in exchange for political favors.

Mariano was charged with taking bribes from businessmen to finagle deals that cost taxpayers more than $700,000.

The indictment alleged that he used the money to pay off credit-card debt and pay dues at an upscale health club.

Guilty of virtually every charge

2006-03-17T15:14:00.000-05:00

Flash: Guilty of Conspiracy

2006-03-17T15:11:00.000-05:00

Read by juror No. 5, the foreperson.

jury in the courtroom

2006-03-17T15:10:00.000-05:00

courtroom opened for spectators

2006-03-17T15:07:00.000-05:00

waiting on the judge to enter momentarily. .

defendant arrives

2006-03-17T15:02:00.000-05:00

Mariano, green suit, green tie, has entered the courtroom, as have
prosecutors.

2006-03-17T15:00:00.000-05:00

Confirmed

2006-03-17T14:55:00.000-05:00

Verdict pending. Marshals gathering outside courtroom.

Standby: We may have a verdict

2006-03-17T14:45:00.000-05:00

Office pool

2006-03-17T13:56:00.000-05:00

Of the 12 journalists sitting outside the courtroom, seven say we get a verdict today. Five say next week. Hope that was helpful.

Feeding the Jury

2006-03-17T12:00:00.000-05:00

They've just brought in sandwiches for the jury. They're still thinking.

Quick, judicial psychologists out there: Tell us what the effects of hunger and satiation are on jurors' tendencies to convict.

Who says prosecutors are cold & heartless?

2006-03-17T11:46:00.000-05:00

Yes, they introduced the defendants' driver's license photos into evidence. But it could have been worse. They could have introduced their mug shots. Or Sporting Club membership IDs.

Nothing to see here

2006-03-17T11:43:00.000-05:00

Just reporters in the hallway gossiping about who will buy the Inquirer &
DN. Lawyers in the case aren't even here.

Et tu, Blogger?

2006-03-17T10:51:00.000-05:00

Like some witnesses in the trial, Blogger's level of cooperation appears mixed today. Please stand by - if you get too itchy and don't hear from us, please go to the mothership to get your Rick fix.

Courtroom action

2006-03-17T10:48:00.000-05:00

While the jury slaves away behind closed doors, the judge took the bench just now and, during a light-hearted hearing, admitted a fresh crop of lawyers to the Eastern District of Pennsylvania. Current members of the bar presented attorneys for admission.

One of the lawyers introducing another is a familiar face from the Mariano trial. Scott P. Sigman of Bochetto & Lentz represented two witnesses for IBEW Local 98 and was in the courtroom when they testified. Sigman introduced lawyer Dawn Tancredi to Judge Stengel.

"I recognize you," Stengel joked to Sigman. "This is a happier occasion."

Stengel also recalled that he had heard Tancredi's name come up during the trial, as a lawyer for a witness.

"It's a pleasure to be here under these circumstances, your honor," she said.

All quiet

2006-03-17T09:41:00.000-05:00

Deliberations underway.

"I'm numb"

2006-03-17T08:00:00.000-05:00

Done for the Day

2006-03-16T16:41:00.000-05:00

The jurors have gone home for the day.
They'll start deliberating again at 9 a.m. tomorrow.

Defense closing: Nino Tinari

2006-03-16T15:59:00.000-05:00

Prosecutor's closing: Mike Schwartz

2006-03-16T15:46:00.000-05:00

Jury begins deliberating

2006-03-16T15:17:00.000-05:00

The court security officer, having been sworn, has led the jury from the
courtroom to begin deliberations.

From an earlier Inquirer story:

City Councilman Rick Mariano, a self-styled man of the people, will be tried
by a jury that includes a liquor-store clerk, a laborer, and a man who
manages an ice cream shop.
But the jury is not exactly representative of Mariano's North and Northeast Philadelphia district. Only
two jurors live in the city - and six of them come from Lancaster, Berks and
Northampton Counties.
...
The jury has seven men and five women. Nine are white; three are African
American. The average age is 41.

Closings closed

2006-03-16T14:44:00.000-05:00

Mann concludes by telling jurors to use their common sense and to ignore
Tinari's focus on who is a liar and who is not.

"Keep your eyes on the bribes."

Judge now charging jury.

Ouch

2006-03-16T14:32:00.000-05:00

"The only thing Mariano has in common with Julius Caesar is that the councilman
stabbed the citizens of Philadelphia in the back each time he took a
bribe." - Prosecutor Kenya Mann on rebutal, which is just underway.

Tinari concludes

2006-03-16T14:18:00.000-05:00

"Ladies and gentlemen, in conclusion, may I just say this:

The judge is going to tell you what the law is.

I can't match what he'll say. A proper verdict is one that is right. You
each know what is right. That's all I'm asking you for. What is right. It is
right from the evidence to find councilman Mariano not guilty because the
prosecution has failed to prove its case beyond a reasonable doubt."

On his way out for a break, the councilman smiled, but his grin was not so
wide.

Next up: rebuttal by Kenya Mann.

Satan, etc.

2006-03-16T13:52:00.000-05:00

Tinari on prosecution witness Anna Davila:

"Another trusted member of that group who was in the corner of the Roman
forum."

"When the investigation breaks, she begins to say that is is what
occurred.... But no one else heard it.... You saw her cry here. But it was
only when she was confronted with the reality of her own falsitude."

"She is Lucifer herself, in Angel's clothing."

Tinari on a roll...

2006-03-16T13:45:00.000-05:00

Tinari says many government witnesses can't be trusted. Maggie Greer, for
example, "fooled the system" because she got away with stealing from Erie
Steel in return for testimony against a big fish - Mariano.

"She's a devil in angel's clothing."

Besides, Tinari told jurors, the prosecution failed to link the payments to
official acts."There isn't any quid pro quo," he said. "You can't surmise.
You can't have any guessing.... You are not 12 Sherlock Holmes. You're not
here to put together evidence for them. It isn't a puzzle."

Julius Mariano?

2006-03-16T13:18:00.000-05:00

Tinari has begun his closing. A rough transcript:

“Councilman Mariano is not guilty. Beyond that, he is factually innocent.”

“Revenge is a kind of wild justice. Those words from the Roman Forum and Ides of March rings so true today. Because it does reveal what betrayal is all about.”

“If you’ll recall Julius Caesar was the head of the Roman Republic. He was beloved by all his people in that empire. And then as time came by, there were competitors, people who were ambitious. People who had their own agendas.”

"There was a conclave of the senators as you recall and Julius Caesar was invited to speak to them. They gathered at the Roman Forum. As that was occurring, you will recall, three of his best friends, took Julius Caesar over to the side, in the corner. They gathered around him. The forum was filled with the senators."

"Brutus, Cassius and Anthony. These three had in their mind to take over the government and divide the remenants. So as they were, the three beloved friends. His best friends. Persons whom he trusted. Surrounded him and began backstabbing him. As he was collapsing him, he was able to just see, as he turned around, those famous words."

"Et tu, Detruex. Et tu, Lisko. Et tu, Davila."

"Each of these people had agendas. Each has a particular self-interest."

Who's the boss?

2006-03-16T12:22:00.000-05:00

While you were out getting a bite, our tireless editor back at the mothership created a link to a document(in PDF format) prosecutor Schwartz told jurors "confirms all the evidence in the case." It's a letter from Louis Chartock to Mariano and shows "who's the boss and who's the employee."

And here is an oversized demonstrative exhibit with driver's license photos of all the players, and, the government says, the conspiracy.

lunch break

2006-03-16T11:59:00.000-05:00

Judge orders everyone to go eat. Wouldn't want to hear what the defense has
to say on an empty stomach. Back at 1pm. Doors locked at 1:01 pm.

Let's assume they were loans

2006-03-16T11:44:00.000-05:00

Just for the sake of argument, Schwartz tells the jury. A public official
still has an obligation under the law to list loans of over $5,000. The Erie
Steel "loans" aren't there.

"Nothing is disclosed. Councilman Mariano lied on these forms."

"Erie Steel paid him a salary to be their public official."

"His council office should have had a sign that said Branch Office of Erie Steel."

"Documents you saw do not lie"

2006-03-16T11:17:00.000-05:00

Schwartz says he knows that Tinari will question the credibility of
government witnesses. But the prosecutor says, "You can decide this case
just based on the documents. These documents that you saw do not lie."

Now Schwartz is walking jurors through the witnesses, asking them to compare
the demeanor of the government's witnesses to the defense's.

"You heard an insider's view of the conspirary in action."

"It was Mariano who told the others to make the fake invoices. If there was
any doubt in your minds that these were bribes and not gifts or loan, you
need only think of acts that Mariani took to personally" to launder the
checks.

"Since when does anyone who makes a loan, submit a check to a third party,
then have the third party write a check to the borrower's credit card
company?"

"He sold his office."

2006-03-16T11:07:00.000-05:00

"Defendant Richard Mariano betrayed the people he was supposed to serve."

Schwartz has begun his closing: "He sold his office... You heard how he no
longer worked for all the citizens but instead became an employee to those
who secretly paid him."

Mariano, wearing a pink-striped tie, is staring directly at the prosecutor.

The jury is staring a giant poster that Schwartz has placed before them.
It's the oath of office Mariano gave when he became a councilman.

All rise.

2006-03-16T09:42:00.000-05:00

The councilman arrived smiling. The place is thick with "senior federal officials" and Mariano supporters. We'll get started shortly. Here's the agenda:
1. Preliminary jury instructions.
2. Prosecutor Mike Schwartz will speak for about 45 min to an hour.
3. Defense attorney Nino Tinari.
4. Prosecutor Kenya Mann's rebuttal.
5. More jury instructions.
6. Lunch.
7. Deliberations.

The judge is on the bench, the door is locked and we are underway.

Exclusive: Rick wanted to testify

2006-03-16T07:23:00.000-05:00

And very nearly did. Read all about it in today's Inquirer by clicking on the headline above.

Thank you for your attention

2006-03-15T14:18:00.000-05:00

Ladies and gentlemen, the presentation of evidence has now concluded. Please remember to avoid all media accounts of the proceedings. After you leave the courtroom, the lawyers will discuss the jury instructions. We will recovene tomorrow for closing arguments at 930. Thank you.

Et tu, Hugh?

2006-03-15T14:16:00.000-05:00

The government has called one rebutall witness, former Mariano legislative aide Hugh Allen.

Allen was jokingly known as "Mariano's brain" before he left the office to work at the school district. Mariano toasted him from the floor of Council on his last day.

Which must make it all the harder for Mariano to sit impassively as he testifies. According to Allen, Anna Davila, whose testimony the defense has been trying to knock down all week, did indeed complain about being mistreated by codefendant Louis Chartock. And, he said, John Lisko and Walt De Treux, whose testimony Tinari has also been gunning for, were honest guys. "He's one of the finest people I know," Allen said of De Treux. Of Lisko, he said he'd never heard the guy use his cellphone at work--for rock and roll business or anything else. On the other hand, he said that Pat Dugan, an attorney who gave strong testimony on behalf of the defense yesterday, didn't show his face much in the office. "He would come in and sign in and leave, go out and do something," Allen said.

We're guessing someone's off the Christmas-card list.

Answer: No

2006-03-15T13:57:00.000-05:00

The defense rests!

An Urban Warrior Scoop?

2006-03-15T13:56:00.000-05:00

As Nino Tinari walked into the courtroom for the afternoon session, The
Urban Warrior, elbowed Your Faithful Bloggers aside, and asked him - "Will
Rick testify?"

"Probably," Tinari said with a straight face.

Was he teasing us?

We should know soon.

For now, another nice lady from the neighorhood is testifying, saying what a
great guy he is.

Rain delay... then a lunch break

2006-03-15T12:24:00.000-05:00

The judge sent jurors from the court room, saying there would be a brief delay "over a legal issue." He didn't say what it was.

Prosecutors seemed nonplussed, but the defense scrambled outside the courtroom "to research the issue."

After about 15 minutes, the judge called the jury back into the courtroom and said it was time for a lunch break.

Government officials said they don't know what the issue is. Defense lawyer Tinari wouldn't say.

He did say that he has "at least" two more witnesses.

Is one of them Mariano?

"Hold on to your seats," he said.

Meantime, a lawyer in the courtroom reports to us that the ladies in the gallery are whispering that FBI agent Ray Manna looks a lot like Luke Wilson.

Ray didn't know what to say. We explained that it's a compliment.

Attempted Wire Fraud?

2006-03-15T11:44:00.000-05:00

Mariano is apparently in good spirits this morning. Moments ago, he jokingly tried to yank the wireless adapter out of our laptop. But nothing can stop your Mariano trial blog team.

Who wouldn't be in a good mood after the run of character witnesses we've just seen. A disabled veteran and a homeless shelter operator were among those who testified to Mariano's honesty and law-abiding nature.

Of course, none of those folks had anything to do with the crimes alleged. But it's nice to be loved.

Bob Henon Testifies

2006-03-15T11:25:00.000-05:00

Robert Henon, political director for Local 98, just testified.

Most of it was related to that meeting a Finnegan’s Wake, last spring when the stories were first breaking.

Here’s a very rough transcript.

Direct examination by defense lawyer Nino Tinari:

Did the discussions revolve around Mariano and the allegation made of him in the press?

Yes

Mr. Doughtery was there, right?

Yes.

During the course of that meeting did Mariano say essentially, “I screwed up” or “I f-ed up,” that he was facing prison time?

Not that I heard.

Was there any discussion about a repayment of any credit cards?

No.

By the way, was there a loan given to Mariano?

Yes.

What amount?

$6,000.

Do you remember any discussions that he tried to repay the loan?

No.

How long did this meeting last?

Approximately an hour.

The purpose of the meeting was to go over Rick’s demeanor, how Rick was holding up personally. He was kind of like you know keeping his head down. It was a pep rally to show support for the councilman.

Did he mention other newspaper articles were going to come out?

Yes.

Was he upset?

Of course.

Was there discussion that money the loan to Mariano was repay a credit card?

No.

Cross-examination by prosecutor Kenya Mann:

When Tinari said You’re not saying the councilman didn’t say that, you’re saying you didn’t hear it?

That’s correct.

How much did Mariano tried to borrow from you?

$6,000

What did you do when he asked you for the money?

I went to my employer, John Dougherty. What he did was, when I went to John, John Dougherty transferred into my personal account the money because it was easier for me to pick up.

So you went to John Dougherty and said the defendant wants to borrow 6,000?

Yes.

Did the issue of the loan come up at Finnegan’s Wake?

The only time it came up was when john said, referring to newspaper articles, what did you do with the money I loaned you?

What did the councilman say?

He said, “I still have it.”

Did Mariano talk about anything else?

It wasn’t specific, just that more articles are coming out.

Why did you go to Dougherty when Mariano asked for 6,000?

I went to John and said Rick had asked to borrow some money.

Did defendant say why he wanted a loan?

I don’t remember.

The "Undercut by Rock and Rollers" Defense

2006-03-15T10:24:00.000-05:00

Rowny has testified that she never heard Mariano dis a female staffer, bang his hands on the desk, or otherwise do what prosecution witness Davila described. She also--do you notice a pattern here?--described Davila as "not an honest person."

Tinari also asked her about John Lisko, another prosecution witness. He asks if she ever heard Lisko, who also manages a rock band, talking on his cellphone. He asks her if she knew he had a band. She says she did. No further questions.

An Erie Steel staffer is now on the stand. She says Louis Chartock reminds her of her grandfather.

Rick's here; his staffer on stand

2006-03-15T10:07:00.000-05:00

Mariano has arrived. We're underway. First up for the defense: Yet another staffer from his Council office, Kathy Rowny.

She was one of the folks Anna Davila said witnessed her tongue-lashing from Mariano.

In other news, we hear that it looks like closing arguments will begin tomorrow morning .

The jury, we're told, will leave after the defense finishes, perhaps as early as lunchtime. Then the lawyers will hash out the wording of the jury charge.

Mariano Found

2006-03-15T09:50:00.000-05:00

Tinari says the Councilman was back at Tinari's law offices waiting for him.
He's on his way

Mariano AWOL

2006-03-15T09:38:00.000-05:00

Everyone is here but the defendant. Stay tuned.

Wednesday's Inquirer story

2006-03-15T08:03:00.000-05:00

Court convenes again at 930.

Payments were loans from "people he knew since grade school"

2006-03-14T19:52:00.000-05:00

Pat Dugan, former Mariano aide, under questioning by defense attorney Nino Tinari. He talks about conversations with Mariano just after the scandal broke, and about his experience being interviewed by federal authorities. (Apologies in advance for the poor audio. Like we've said, we're still neophytes. We'll get it down by the verdict)

The Silver Bullet

2006-03-14T18:10:00.000-05:00

Dugan's testimony this afternoon may have put to rest at least one intriguing city political rumor. Soon after Mariano's name first surfaced in connection with the federal corruption probe, the Councilman traded in his black city car for a silver sedan. Word in some quarters was that he'd made the switch out of concern that the feds had bugged his old ride. But Dugan said the real answer was simpler: He said that with all the attention, Mariano wanted a car people wouldn't recognize. And, he said, it just so happened that the city's then-managing director, Phil Goldsmith, was leaving his post--and, with it, leaving a silver Ford Taurus with low mileage. So, he said, Mariano's office asked, and Goldsmith arranged a switcheroo.

Rick Mariano--Altar Boy!

2006-03-14T17:22:00.000-05:00

Earlier in the Mariano trial, his camp appeared to have settled on a basic sketch of of the defendant's character. In a nutshell: He may be blunt and sometimes rude, but he's no crook. It was an image that didn't seem too unfamiliar to those of us who've watched him huff and puff--and occasionally show the kind of smarts that elude better-spoken colleagues--in City Council.

The version of Rick recounted by some of his more dedicated defenders today, however, was a bit less familiar. Former aide Pat Dugan said he couldn't say he'd heard Mariano use the F-word more than once. Current aide Carmen Sousa said she'd only seen him angry once (at his son, on the phone) and only heard him use an obscenity once.

Say what? Was she talking about the same guy who in a 2001 argument on the Council floor told a colleague, "I'll knock your teeth out and throw you out the window?"

Over the years, in fact, the Mariano Council-floor rant has become as much of a City Hall staple as the word reporters regularly use to describe the Councilman from the 7th District: "Colorful."

Take this particularly colorful example from July 2, 2004, courtesy of our colleague Angela Couloumbis...

Mariano's remarks: Colorful - and off-color;While talking about
fair wages for union workers, he burst into a speech peppered with
obscenities.

Angela Couloumbis INQUIRER STAFF WRITER

Perhaps it was the crowd. Or the chants. Or the bright lights of the television cameras.

Or maybe it was just the delicate complexities of tax policy that caused the blood to rise and tempers to flare.

Whatever the reason, City Councilman Rick Mariano erupted in a spectacular display of emotion inside Council chambers yesterday that his supporters said was just his passion left unchecked - but others criticized as outright lunacy.

It started off as a speech about the right of all union workers to fair wages. It soon spiraled into a tirade peppered with obscenities - and in two languages at that.

Cheered on by members of District Council 33 of the American Federation of State, County and Municipal Employees, the union representing the city's blue-collar workers, Mariano excoriated those of his colleagues who were willing to override Mayor Street's veto of cuts to the business-privilege tax. That cut would cost the city a precious $100 million over the next five years, he said.

"I'm not an economist . . . but they are the ones who are going to get screwed," Mariano said to whistles and clapping from the union members, who are negotiating a new contract with the city.

"So let's get over the bull- and vote this thing. And vote it now," he yelled, pounding his fist on his lectern.

But Councilman David Cohen was having none of that. The elder councilman tried to argue that although Mariano supported labor, he also supported a mayor who Cohen believes is "the best champion big business has ever had in Philadelphia."

Before Cohen could finish his sentence, Mariano was out of his seat, pacing, gesticulating and screaming at the top of his lungs.

"This is City Council," he shouted. "This is City Council. Don't blame the mayor. The mayor's not in here. . . . I want to vote. Let's vote."

"Councilman Mariano, you are out of order," Council president Anna C. Verna warned, emphasizing every word with a bang of her gavel.

"So remove me," Mariano yelled back.
"Councilman Cohen deserves to be heard," Verna continued.

"Oh, I'll be heard," Cohen said, sitting calmly in his chair as the ruckus
unfolded.

One of his aides came up to stand protectively behind him.Mariano finally returned to his seat, but not before telling his fellow colleagues they should vote their convictions.

Asked about his explosive speech-making after the session, Mariano offered no apologies. He acknowledged his speech was on the passionate side but said he did not believe he lost control over his emotions.

"I was always in control," Mariano said. "At times, being my heritage, you might think my face is red, and I do a lot of yelling, use some bad language.

"But I believe everything I said."

Done for the day

2006-03-14T16:37:00.000-05:00

Just adjourned for the day. The defense has perhaps 8 witnesses left - half character, half substantive.

The big question for tomorrow remains: Will Rick testify?

As his lawyer made his way from the courtroom, he was surrounded by reporters who demanded to know.

"I haven't made up my mind," Tinari said. "I've been so focused on today."

More on that later. We've got to go write a story for tomorrow's paper.

Defenders of the Rick

2006-03-14T15:26:00.000-05:00

Mariano’s defense is in full swing. The head of the city’s pipe-fitters union testified that Mariano is a great guy. The pastor of a church in the Councilman’s district said the same, noting how much he cares “for the little person.” A former local national guard commander said he had a “spectacular” reputation.

More interesting was the testimony of Pat Bianculli, attorney for the eletricians’ union, who acknowledged in his testimony that he was “not a fan” of Mariano. But Bianculli said he didn’t remember hearing Mariano admit taking the money when he was part of a group meeting over the investigation, as John Lisko testified yesterday.

Now Pat Dugan, attorney and staunch Mariano defender, is on the stand. Among other things, he’s saying he never heard Mariano curse at a woman, as Davila alleged yesterday. (In fact, he says he can’t remember the Councilman using the F word more than once, ever). For good measure, he says of the former aide, “she’s a liar.”

More from Finnegan's Wake...

2006-03-14T14:06:00.000-05:00

We expect to hear more testimony this afternoon about a fateful meeting at Finnegan’s Wake, a Philly restaurant where Mariano met with his brain trust and Local 98 supporters, including John Dougherty as news of the investigation began to break.

Here's an audio clip from yesterday's testimony from John Lisko, a former Mariano aide. (Warning: explicit language) Windows Media format.

Character references

2006-03-14T12:36:00.000-05:00

Before we broke for lunch, Tinari called three City Council members --- Jannie Blackwell, Frank Rizzo and Darrell Clarke.

Tinari tried to show that working on constituent services is a routine function for council members. “People come in much like a doctor’s office,” said Blackwell.

Tinari also asked about Mariano’s reputation.

Blackwell: “He has a positive reputation, a stellar reputation. People consider him a good representative who believes in his constituents.”

Rizzo: “He works very, very hard representing a very tough district… I have never heard anyone say he is dishonest. I’ve never known Councilman Mariano to be dishonest.”

Clarke: “He’s always been known to me as a good guy. He’s always honest to me, sometimes honest to a fault.”

On cross, prosecutors have asked Rizzo, Clarke and Blackwell what they what they would do if they had personal financial interest in legislation before Council.

Recuse yourself or disclose the interest, they said.

We resume at 2. Be prompt. No one admitted once the jury is seated.

Prosecution rests

2006-03-14T12:05:00.000-05:00

The defense calls Councilwoman Blackwell...

Ricky, Bar the Door

2006-03-14T11:27:00.000-05:00

With Mariano's defense scheduled to start, the courtroom if full today. There's been so much coming and going during Manna's testimony, in fact, that the judge has ordered the doors shut: Once you're in, you're in. So, for the moment, at least, we've split up our keenly perceptive blog presence, one of us out and one of us in.

It looks like a movie-worthy defense for the Councilman. In the hallway outside the room, there's a priest, a neighborhood antiviolence advocate, and yet another Councilman--Darrell Clarke. ("It's better than budget hearings," Clarke says). Still more Mariano staffers are here. Back inside, a group of what look like students ambled in. There's a guy in a Local 98 shirt. There's a guy in an electric yellow sweatsuit. He declines to say why he's here.

Score one for the defense!

2006-03-14T10:41:00.000-05:00

To prove mail fraud, the feds have to prove that a letter was actually mailed.

FBI agent Manna just testified that he can't be sure that a letter from Phil Chartock sent "with the assistance of Mariano" to a city official was actually mailed.

As a result, prosecutor Mike Schwartz just moved that Count 7 in the indictment - a mail fraud charge - be withdrawn.

The councilman's lawyer didn't object.

That leaves just seven other mail fraud counts remaining.

Plus one count of conspiracy to commit honest services fraud.

Plus eight counts of wire fraud.

And various money laundering, bribery and tax counts.

All rise.

2006-03-14T10:11:00.000-05:00

FBI agent Ray Manna on the stand now. Before he joined the FBI ten years
ago, he was in the US Army for nine years

The jury appears far more casual today. Jeans, untucked shirts. A casual
conservative look - buttoned-down with collars.

Council, for the Defense

2006-03-14T09:50:00.000-05:00

If Mariano can't go to City Council, City Council can go to Mariano.

We were walking into the Courthouse from market street when we spied Councilman Frank Rizzo killing time on the sidewalk out front. A couple minutes later, Councilwoman Jannie Blackwell dashed in. Councilman Frank DiCicco is said to be here too. They're among the Councilmembers on hand to testify as part of Mariano's defense, set to start later this morning.

Rizzo said he's not here to say anything good or bad about Mariano, only to testify about how constituent-service requests are handled in typical Council offices. This fits with the defense strategy of arguing that the alleged favors Mariano did for the folks accused of bribing him were in fact standard Council constituent work.

Attention anonymous comment-posters: Spare us the riffs on the theme of "that means they're all guilty." We've already made those jokes.

Also on hand are current and former Mariano staffers such as attorney Pat Dugan, now a candidate for State Rep., Kathy Rowny, an office staffer, and Jay McCalla, who started as chief of staff late last year, after Mariano's indictment and the firing of De Treux. McCalla, a former senior staffer in the city managing director's office, said he might serve as a character witness. Given that he arrived after the feds had already swooped in on Mariano, we wonder how convincing his testimony would be. Isn't the old cliche that character is what you show when you think no one's looking? Rowny's testimony will be more interesting, because yesterday Davila listed her as among those present when she received some of her tongue-lashings from Mariano and his alleged briber Louis Chartock. Ditto Dugan's, since he was present at the barroom meeting described by John Lisko where Mariano allegedly copped to his crimes. Of those present that day, Dugan is the only one who's stayed in the camp of Mariano, his longtime pal.

There's no sign yet of any of the electricians' union insiders that Tinari said he'd be calling. Of course, given their falling out with the Councilman, it's unlikely those folks would be among the people schmoozing in the corridor as we wait for the proceedings to start.

Stay tuned. One last government witness to go, then Rickypalooza gets going.

Tuesday's Inquirer Story

2006-03-14T08:19:00.000-05:00

See you tomorrow...

2006-03-13T17:06:00.000-05:00

One prosecution witness left, FBI case agent Ray Manna.
Then the defense will begin to present its case.
Looks like they have 18 witnesses.
Will Rick testify?
His lawyer says, "Don't know."

Lisko Inferno

2006-03-13T16:06:00.000-05:00

On cross-examingation, ex-Mariano-aide Likso denied that he ever told the FBI that he briefed union boss John Dougherty on Mariano office matters.

Here's what the FBI agent wrote in his investigative report:
"Lisko stated that he knows John Dougherty very well and was instrumental in Lisko obtaining employment with Mariano. Lisko said that Dougherty was responsible for getting Mariano elected. He said that he would brief Dougherty on all legislative, political and administrative activities that were going on within Mariano's office."

Here's what Lisko said on the stand today:
"On the contrary, I told the agent that John Dougherty had no concerns about that kind of information.

The Last Days of Lisko

2006-03-13T15:25:00.000-05:00

John Lisko is about to take the stand. A former legislative aide in the Councilman's office, Lisko was fired along with Walt De Treux when Mariano called in to sack them from his undisclosed location in a psychiatric ward the day after his mysterious climb to the top of City Hall tower. Like De Treux, Lisko is a lot richer than he was when last he saw Mariano: He threatened suit over wrongful termination, charging he'd been retalliated against for having testified to the grand jury investigating Mariano. He walked away with two years' salary--$120,000. Mariano's camp calls it a payoff from a city establishment that has it in for him.

He'll have an immediate use for the money: Lisko has gone back to school since leaving City Hall.

Don't Forget to File Your Bribes on April 15

2006-03-13T15:09:00.000-05:00

The most surreal question of the trial so far comes from prosecutor Michael Schwartz to IRS Special Agent Laura Capra: "Are bribes taxable?," he asks.

Before she can answer, Tinari objects. Asking the question, he says, presupposes that Mariano has taken bribes--something the jurors are here to determine.

Judge Stengel overrules him, noting that the jurors have to weigh tax charges in addition to the bribery question.

"The point is, if the jury does make that determination, they still have to consider the tax charge," he says.

For the record: Income from bribes is, indeed, taxable.

But, Capra notes under questioning from Tinari, income from loans is not--at least until the loans are forgiven.

A Councilman and a Gentleman

2006-03-13T14:49:00.000-05:00

"Oh, by the way, have you ever been called a derogatory name by Councilman Mariano?"

That was the one question that surprised Mariano's tax preparer, Julia Malcolm of Dale's Tax Service. Malcolm, who has done the Councilman's taxes since 2000 and referred to him repeatedly by his first name, stammered for a minute.

"Well, I'm Irish, but I haven't," she said.

Look for Tinari to ask that question of pretty much any woman who testifies, part of an effort to undercut Davila's recollection of Mariano as a swearing, threatening tough guy.

During her testimony to prosecutors, Malcolm had just gone through Mariano's tax returns, which report income from the city of Philadelphia, but not the Chartocks or Reinaldo Pastrana. Had those folks paid his credit cards or his gym membership, Malcolm notes, that would have had to be filed under "other income."

The main thrust of Tinari's cross-examination, though, was the real defense: The payments were just a loan.

"Are loans taxable?," Tinari asked.

"No," Malcolm said.

Of course, one witness earlier, jurors learned from city lawyer Evan Meyer that Mariano's mandatory financial-disclosure forms didn't list debts to either the Chartocks or Pastrana.

Warning: Explicit language

2006-03-13T12:50:00.000-05:00

Prosecutor Kenya Mann leads former Mariano aide Anna Davila through testimony about her allegedly ugly encounter with Erie Steel's Louis Chartock.

A routine zoning matter quickly devolves into a salty exchange.

A smoking gun?

2006-03-13T12:35:00.000-05:00

This is a letter written by Louis Chartock to a city assistant DA who was prosecuting Erie Steel bookkeeper Maggie Greer.

Prosecutors say that Chartock wrote the letter as part of a cover up to make the payments look like loans, not bribes.

Just introduced into evidence. (PDF)

Standing Up for the Little People (In the Big People's Private Locker Room)

2006-03-13T12:34:00.000-05:00

The final government witnesses of the morning are a pair of accounts payable staffers at the Sporting Club, the exclusive gym to which codefendant Reinaldo Pastrana allegedly paid Mariano's membership for three years. They verified their handwriting on credit card slips that they said show Pastrana having called to pay for Mariano's membership.

In her opening statement, prosecutor Kenya Mann made a big show of the fact that Mariano had forgone the basic membership--$90 a month, according to the club staffers--in favor of the $165-a-month "executive membership" that comes with a special locker room, gold locker nameplates, and free fruit juice, among other amenities.

In his brief cross-examinations, Tinari asked the women if they knew anything about the payments other than what they were told by a person on the phone using Pastrana's name and credit-card number. They couldn't, unsurprisingly. But he also asked some questions that hinted at a novel defense against the charge that Mariano showed his greed by opting for the fancier of the membership options.

"It's a more secure area, correct?," he asked witness Grace Marker.

She agreed.

"It's got independent showers?"

She agreed.

"It's more isolated from the general public?"

She agreed.

All pretty standard motivations for a public figure. Only just a little dissonant considering how recently Mariano's defense was painting him as a true-blue man of the people.

Next witness, please...

2006-03-13T11:45:00.000-05:00

Davlia is done, winding up an emotional hour of testimony.

She just left the courtroom, escorted by an agent and trailed by reporters.

Ms. Albert, Erie Steel office manager from 2003 to March 2005, took a brief turn on the stand. She replaced Maggie Greer.

She testified that there’s no indication in the books that Erie Steel ever loaned Mariano money.

On cross, she said Mariano was always pleasant to her. But she didn’t know him well.

Now we’re on to Steve Hyman, a former assistant district attorney.

He’s the one who prosecuted Maggie Greer.

Crying Under Oath

2006-03-13T11:13:00.000-05:00

Davila has broken down in tears in the middle of Tinari’s cross-examination. The judge has ordered a break.

The questioning is withering. Tinari seems to be pushing her on at least three points:

-He’s asking her who was around during “these so-called conversations” when Chartock and Mariano berated her. Look for the defense to call some of them.

-He’s asking about a deal where Davila and her husband purchased a house for $1 from the estate of a couple who lived in Mariano’s district. Davila and husband are in litigation over the property, and Tinari is suggesting she forged the necessary immediate-power-of-attorney document she used at the time of purchase. It doesn’t much help Davila’s case that the document features the misspelling of the word “immediately” and that she never saw her cosignatories sign it. Look for Nino to use this in his closing as a way of questioning Davila’s ability to be honest about the law.

-He’s asking her why she never recounted Mariano’s and Chartock’s cursing when she testified before the grand jury or spoke to the FBI. “I do not like to curse all the time,” she explained. Which is a bit odd, given that a couple minutes earlier, when Tinari asked her about being berated by Chartock, she said: “He was an asshole.” Look for him to use this to again question her trustworthiness.

During the break, Davila is still seated alone in the witness box. She’s fanning herself with a napkin. A guard just brought her a couple of pills.

True That

2006-03-13T10:09:00.000-05:00

"He said if not for Louis Chartock, he wouldn't be where he's at today"

-Anna Davila, recounting Mariano's statements on why she should hop to it and help Erie Steel with a city paperwork matter.

Weather and weathering the boss

2006-03-13T10:04:00.000-05:00

(Warning: Graphically nasty managerial language chonicled below)

Apparently the nice weather has taken its toll on the crowd here at Mariano central. There’s only a couple of the Councilman’s Airborne allies left, and, in Rick’s corner, only the wife and son. Even the Urban Warrior is off, perhaps on some urban special ops. A bunch of the the jurors are in short sleeves. Councilman Mariano got a haircut over the weekend. Nice and short for spring.

Anna Davila has just started testifying. She’s recounting how Louis Chartock was yelling at her on the phone over some L&I paperwork when she was an aide in Mariano’s office. She’s using bad words. The F word, the B word, the S word. “The same words, over and over again,” Davilla said.

Then, she testifies, the councilman berated her about her efforts to help Lou Chartock.

She said the councilman told her, “He is a good friend of mine. He has done for me. I owe him. If you can’t get this fucking shit done, get the fuck out.”

Later, she says, he called her “an incompetent bitch.”

Paging Jerry Springer.

Of all the prosecution witnesses, perhaps none are held in as low esteem by Mariano and his allies. But Mariano is just staring straight ahead, not looking at her.

She, meantime, is looking directly at the jurors as she speaks. Major points for style.

Today's line-up

2006-03-13T09:51:00.000-05:00

We began late, because a few jurors ran into trouble with public transportation.

We expect the government to finish late toady or early Tuesday.

Then comes the big question: Will Rick testify?

We asked Nino Tinari this ayem. He smiled.

Here's today witness list:

13. Anna Davila (former constituent services representative)
14. John Coates (Chairman of the City’s Vacant Property Review Committee)
15. Jessica Correra (Sporting Club at the Bellevue)
16. Grace Marker (Sporting Club at the Bellevue)
17. Evan Meyer (City of Philadelphia Law Department, Ethics Counsel)
18. Julia Malcolm (Mariano’s tax preparer)
19. IRS Special Agent Laura Capra
20. Steve Hyman (former Assistant District Attorney)
21. Susan Albert (Erie Steel office worker)
22. John Lisko (former legislative aide to Councilman Mariano)
23. FBI Special Agent Ray Manna

The House That Rick Built

2006-03-12T08:33:00.000-05:00

Tom Ferrick Jr. Sunday column

Saturday's Inquirer

2006-03-11T08:23:00.000-05:00

Six and a half witnesses - an honest day's work

2006-03-10T16:27:00.000-05:00

Judge says we're done for the day.

"We will not meet tomorrow."

He smiles. "Just wanted to see how much you are paying attention."

He cautions jurors not to discuss the case over the weekend.

"People will ask you about it."

Say nothing, the judge said. "It will add a great deal of mystery to you."

Back Monday at 930.

Two last things:

- Don't miss Ferrick's column in Sunday's paper.

- A special shout out to a faithful reader in the Bronx

zzzzzz

2006-03-10T16:22:00.000-05:00

Phil Chartock has fallen asleep.

As we round third and head for home...

2006-03-10T16:08:00.000-05:00

The courtroom is beginning to thin. Phil Chartock (Mr. Rumpled Suit himself) remains with us print and radio scribes in the back row.

TV folks have already shuttled off for early live shots --- court sketches
in hand.

Four from Rick's paratrooper brigade remain. There's a lone IRS agent, and
an old friend of ours who loves to watch trials

Former schools CFO Michael Harris, now a Penn vp is now on the stand.

Mike Schwartz is leading Harris through testimony. Mariano asked Harris to return calls from a co-defendant, Pellecchia.

Later, Pellecchia's firm won a $225k workers comp contract with the schools
system.

Q: What affect did Mariano have on that decision?

A: It was a factor in the decision. It was not the sole factor.

Q: Were you ever aware of financnial relationship between Mariano and
Pellecchia?

A: No

Q: If you had known that they had a financial relationship, would that have
affected it?

A: "It would have given me pause."

"I told him, 'I don't need to know any of this.'"

2006-03-10T15:39:00.000-05:00

A snippet from testimony just now by Vince Dougherty, the city official in charge of Keystone Opportunity Zones, areas where tax burdens are reduced in order to encourage economic growth (no, he is not related to John Dougherty):

On March 7, 2005, Dougherty, Mariano and others met in the councilman’s office about city business.
When the meeting ended, Dougherty said that Mariano said to him, “Vince, could I see you in private for a moment?”
They stepped into Mariano’s private office.
“The councilman asked me if the Inspector General or anyone else had asked me about Erie Steel and the KOZ. I said no.”
Dougherty testified that Mariano told him he had “borrowed five or six thousand” from Erie Steel to help defray expenses related to his divorce.
“The councilman said, ‘I paid him back. I have receipts.”
“I told him, ‘I don’t need to know any of this.”

72 degrees in the courtroom but...

2006-03-10T14:40:00.000-05:00

71 degrees outside and folks are fleeing.

Upstairs, the Latin Kings trial jurors, no fools they, just excused themselves for the
weekend. They'll continue deliberating the fate of King Homicide and other
defendants Monday

Even the courthouse snack bar is closing early.

We're starting to drag (can you tell?), regretting just a bit last nite's late brew at Westy's with the I-team and blinq.

2 witnesses: Rick was his own bag man

2006-03-10T14:12:00.000-05:00

It’s been a rough couple of hours for the councilman.

Two witnesses have testified that Mariano personally laundered two bribes from Erie Steel.

First, Rosalia Mattioni, wife of workers comp consultant Joseph Pellecchia testified that the councilman appeared at her consulting company one day in 2002 and asked to see husband Joe.

Husband Joe introduced to her to Mariano, then took the councilman into the back of the office. Husband Joe emerged with a check and gave it to Rosalia.

Rosalia says Husband Joe asked her to deposit a $6,700 check and write a check for the same amount payable to Mariano’s credit card company. Then, she testified that she created a dummy invoice for Erie Steel.

About a year later, following an introduction from Mariano, Rosalia’s firm got a $225,000 contract with the city school system. (Rosalita testified under a grand of immunity; her husband has pleaded guilty)

The second witness damaging to Mariano was real estate agent Vincent DiPentino, a co-defendant who has also pleaded guilty. DiPentino testified that Mariano and his office often helped the Realtor with nagging tax and city certification issues that threatened to hold up real estate closings.

Then, one day in 2002, DiPentino said, “Rick called and said, ‘Are you able to write a check out for me today?’”

DiPentino said OK, and Mariano came to office. He gave him a check for $10,900 from Erie Steel.

“I said, is the check good? He said, yes.”

“I wrote a check to Capitol One,” and Mariano helped him fill out the related credit card numbers on the check.

“Rick said, would I mind producing an invoice for it?”

DiPentino said he did, creating a dummy receipt for his firm allegedly performed for Erie Steel.

“I never met Erie Steel,” DiPentino testified. “I didn’t know what to say. I prepared an invoice that was neither real nor accurate, and I gave it to the councilman.”

lunch break

2006-03-10T12:07:00.000-05:00

It's such a nice day, we're breaking early for lunch. DiPentino is on deck.

We'll be back in just a little bit.

Rick's reinforcements

2006-03-10T11:45:00.000-05:00

A dozen veterans - many alumni of the 82nd Airborne - parachuted into Courtroom 3B this morning, filling out an entire row in the gallery. They're here for the defendant, a longtime advocate of veteran concerns.

"Rick's a good guy," said Ray Leuthy, a veteran of three jumps in Nazi Germany and the Battle of the Bulge. "A man of the people."

During a recent break, Mariano enjoyed their company in the hallway.

With pride, Mariano introduced the vets to the lead FBI agent on the case, a guy who wants to send the councilman to prison.

CPA under oath...

2006-03-10T10:56:00.000-05:00

CPA Ford testified about a $5,873 suspicious check he found during an audit of Erie Steel.

“We asked about the check,” Ford said. “[Phil Chartock] said it was used to pay a politician’s debt.”

On cross, Tinari asked if he knew about checks Greer allegedly wrote for her own use. Ford said he didn’t know about that.

Ford steps down. Next up: Mattioni.

Maggie's done

2006-03-10T10:51:00.000-05:00

Tinari just finished the cross. The government said it had no further questions.

Greer, escorted by FBI agents, is now headed out of the courthouse. At the elevator, she declined to comment to your faithful correspondent.

CPA Kevin Ford, who conducted an Erie Steel audit, now on the stand.

"What are we to believe from you, ma'am?"

2006-03-10T10:24:00.000-05:00

Following a preliminary legal argument over an FBI agent's notes, Greer (left) is back on the stand, for more cross.

If you'll recall, on Wednesday, Greer testified that she didn't really steal from Erie Steel. She only pleaded guilty to theft because, she said, she wanted to spare her family from pain.

But on the stand today, she admitted that some of the money used was to pay for personal cell phones and a Shore rental.

Tinari: You did take money without permission of Mr. Chartock?

Greer: Correct.

Tinari: You concealed, you hid it, you didn't want anyone to know about it?

Greer: Correct:

Tinari: So are you changing your testimony?

Greer: Yes.

Tinari: "What are we to believe from you, ma'am? Yesterday, you said one thing. Today you say another thing."

(When Tinari says "yesterday" he means Wednesday; court wasn't in session yesterday)

Today's witness list

2006-03-10T08:23:00.000-05:00

It looks lively:

1. Former Erie Steel bookkeeper Maggie Greer continues on cross-examination.
2. Gene Mattalucci, an accountant who performed an audit at Erie Steel.
3. Kevin Ford, ditto.
4. Rosalia Mattioni, wife of Joseph Pellecchia, the worker's comp consultant who has pleaded guilty.

5. Co-defendant Vincent DiPentino (right), the real estate agent who has pleaded guilty.

Live coverage resumes right here at 10am. Bring a friend.

Today's Inquirer story

2006-03-10T07:58:00.000-05:00

Mariano: Back in Council, Under Guard

2006-03-09T11:23:00.000-05:00

With his trial recessed for the day, Councilman Mariano was back in City Council this morning. Only this time, he had people with him besides the aides who have done all of the Councilman's public speaking since his indictment: The Philadelphia Police.

In City Hall, at least, the long arm of the law is on Mariano's side. The officers who escorted him in and out of Council chambers came from the police's Civil Affair division. Council president Anna Verna called them in to prevent a repeat of last week's disturbance, when Mariano was hobbling away from a press pack and wound up colliding with one of the ceremonial gates at the edge of the Council floor. Tinari called it an "assault." Rick's doubters called it an Oscar-worthy acting job. Our witty-yet-deadly colleague The Urban Warrior dubbed it "gate-gate."

With the cops on hand, Mariano escaped unharmed--and, more important to Tinari, unquoted.

Had he chosen to speak, he actually could have crowed about something: Mayor Street has signed the legislation Mariano pushed that would protect tenants from lousy landlords. The real estate industry lobbied hard against the bill, and as late as this morning Mariano's top staffers didn't know if the Mayor would veto it. In the end, the Mayor showed some love for the man he calls "Cousin Rick."

Now, to find out how many of those jurors are renters....