Dimora trial begins

Jimmy Dimora's phone calls played for jury in Cuyahoga County corruption trial
By: Ellen McGregor, newsnet5.com

AKRON, Ohio - Sex, drinking, gambling, trips, gifts and home improvements motivated a former powerhouse politician to become corrupt, federal prosecutors said in court Thursday -- and they began playing wiretap recordings to convince a jury.

Jimmy Dimora's defense attorneys said, not so fast.

“You will hear about drinking, you will hear about gambling, you will hear about women,” said Andrea Whitaker, one of Dimora’s defense attorneys, during opening statements.

“You will not hear about anything given to Jimmy Dimora in exchange for any official action... The government has confused carousing and drinking with corruption."

The defense described former commissioner Dimora as an honest man who was friends with someone who was corrupt – former auditor Frank Russo. Russo pleaded guilty to federal charges and faces up to 22 years in prison. Russo is expected to testify against his former friend and political ally, Dimora. So will another former ally - one who wore a wire so the FBI could listen to Dimora's conversations.

“J. Kevin Kelley and Frank Russo are lying because they are corrupt. And they are trying to reduce their sentences or stay out of jail for as long as they can,” Whitaker told the jury.

Kelley is a former county employee and Parma school board member. He pleaded guilty to federal charges and currently is living in Florida. Kelley may get a reduced sentence for his testimony in the Dimora trial.

In the first call played for the jury, Kelley called local businessman Ferris Kleem and said he was with Dimora and Russo. Kleem pleaded guilty to bribery charges in 2010.

Kelley told Kleem they were planning a trip to Las Vegas, and they wanted to know if Kleem wanted to go. Kelley then handed the phone to Dimora.

Prosecutors said Kelley acted as a middleman of sorts, in bribery schemes for Dimora and Russo. The first witness called by federal prosecutors called Kelley a "level of insulation" for Dimora, in his alleged bribery schemes.

The call was about a trip to Las Vegas, a restaurant's smoking violation and construction bids at the new juvenile justice center in Cleveland.

In the recording, Kleem said to Dimora, "Do you want to be on the same plane with everybody, you want me to take care of some things?"

Dimora answered, "It’s personal so nobody can say anything."

"You and Frank, I’ll take care of you with a suite," Kleem said.

"Yea.. yea.. all right," Dimora said.

Assistant U.S. Attorney Ann Rowland asked FBI Special Agent Michael Raymond Massie about the call.

"Does the phrase, 'to take care of' mean anything?" Rowland asked.

In the context of the call it meant "to buy or purchase” something, Massie answered.

The call was made in February 2008. It documented the planning stages of a trip to Las Vegas two months later. Kleem insisted the group stay at the Mirage, where he said he had "maneuvering power."

"Maybe we'll take a couple of girls with us," Kleem said.

The call also had the first mention of the juvenile justice center bids, with Kleem saying it was "way over budget."

Another call played for the jury was between Dimora and Terry Allan, Cuyahoga County's Health Commissioner. Dimora asked Allan to look into a smoking violation at a restaurant partly owned by Kleem, Tony K's in Berea. A health inspector cited the business for patrons smoking in what he called an indoor area.

"I was hoping you could intervene," Dimora said, explaining Kleem was an important person.

"He's a friend of Frank Russo's and mine and, he's a big contractor here in town," Dimora said.

Allan was quick to say, more than once, that he would "sort it out."

The health commissioner reported to the old, three-county commissioner form of government in Cuyahoga County.

Another recording featured Kleem updating Dimora on the status of bids his company was to submit for contract work on the juvenile justice center in Cleveland. Massie was breaking down the numbers of the actual bids for the jury when court wrapped up for the day.

Meanwhile, earlier in opening statements, co-defendant Michael Gabor’s attorney Lief Christman described his client as a humble man, who was not involved in any bribes.

Gabor has known Dimora for most of his life. Dimora referred Gabor to Russo for work in the auditor's office. Christman told the jury Gabor was suited and qualified for the work.

It was Russo, not Gabor and Dimora, who was corrupt, Christman said.

"There is a dark side of Frank Russo, that he was very well-adapted at keeping from people," Christman said.

While the defense will argue Russo is lying to reduce his prison term, the prosecution will argue Dimora and Russo were good friends and political allies, who helped each other with personal gain while in public office.

Assistant U.S. Attorney Antoinette Bacon said in opening statements Dimora and Russo formed their friendship while running for public office in 1998. Over time, Bacon said the two became willing to sell their influence to contractors and individuals seeking government jobs with

fringe benefits.

Dimora and Russo followed rules that Bacon described as “almost a conspiracy handbook” to enrich themselves.

Bacon said there were three rules Dimora and Russo followed: only deal with people they trusted; sometimes use an intermediary to create some distance between illegal acts; cover their tracks.

“Don’t leave a trail of breadcrumbs the FBI could follow” was the rule, Bacon told jurors.

Testimony resumes 9 a.m. Friday in Akron. It will continue with special agent Massie on the stand under questioning by the prosecution.

U.S. District Court Judge Sara Lioi told the court she would delay proceedings by 30 minutes to give the jury more time to arrive from the rural areas where they live, because of snowfall expected overnight into the morning hours.

Stay with newsnet5.com for the latest on this trial.