Corruption trial cross exam of Dimora's friend J. Kevin Kelley turns into character attack

AKRON, Ohio - Friday morning Jimmy Dimora's defense attorneys are expected to continue their cross examination and character attack on a star witnesses in the federal corruption trial against the former commissioner.

Dimora appeared stressed as he left court Thursday evening, as his arm was tightly linked with his wife's for the first time in several days.

J. Kevin Kelley is the first friend in Dimora's so-called "A Team" to testify for the government.

The jury heard Kelley describe Dimora's mood after Steven Pumper of DAS Construction was arrested by the FBI. Pumper gave $2,000 to a city inspector, and later pleaded guilty to bribery and obstruction of justice charges. Kelley said once Pumper's father changed his son's attorney, Dimora became concerned that Pumper was cooperating with the FBI.

Pumper and DAS had done work at Dimora's home. Kelley testified once Pumper was arrested, Dimora told him he had been asking Pumper about getting bills for the work for weeks. Kelley said he was at Dimora's Independence home as the work to the pool area was being directed by Pumper himself, including work on the ceilings in the bathhouse.

Kelley also testified that Dimora told him to be careful, especially on the phone. Wiretaps played in court sounded distinctly different from earlier calls the jury has heard, when Dimora and others were laughing and joking using lewd language.

Kelley testified the party was over and the "mood was very mellow." The calls were short and to the point, and sometimes cryptic. When the group thought the FBI might be listening to their calls, Kelley and Robert Rybak used the phrase, "To the best of my recollection, I don’t recall.”

Earlier in the week, Kelley testified he wore a wire for the FBI more than 20 times. The jury did not get to hear those recordings on Thursday, however.

On cross examination, it quickly became clear the strategy would be to attack Kelley's character. Defense attorney Andrea Whitaker cut to the chase and asked, "It’s fair to say you’ve had a lot more than a few issues, isn’t it?" Kelley answered, "yes."

Kelley takes 21 pills a day for physical and mental ailments, including bipolar disorder, paranoia, depression, and anxiety. Kelley also is a recovering alcoholic.

He told the court he drank at least a fifth of rum a day while working at the auditor's office, and later when he worked at the county engineer's office. Kelley said he suffered from hallucinations, and heard voices telling him what to do.

Kelley is now on disability.

Dimora's defense continued to take apart Kelley's character in front of the jury, by questioning his impulsive spending, gambling habits, accepting bribes and kickbacks, and failing to pay taxes.

In 2008, Kelley owned three homes, one in Ottawa County with five mortgages, a boat, and he went on several trips including California twice, Las Vegas, New Orleans and Boston. He also testified he lost several thousand dollars in gambling.

The defense also questioned Kelley on his plea deal. Kelley was the first in Dimora's circle to agree to testify against his former friend. Whitaker pointed out that for his cooperation, he faces a minimum of just under six years in prison.

"Five years, ten months on the low end," Kelley said.

"And you certainly are hoping for the low end, aren't you?" Whitaker asked.

"I am, yes," Kelley replied.

Kelley coordinated bribes, arranged casino gambling trips and organized sexual rendezvous for Dimora and others, according to prosecutors, while using money from private contractors. He also sought to influence official acts on county contracts and hiring, prosecutors say. On the stand, Kelley admitted to accepting thousands of dollars in kickbacks.

It is not known how long Kelley's cross examination may take, but by the end of court on Thursday, it appeared Kelley was worn down and becoming shorter with his answers. Several times he said to Whitaker, "if you say so."

Kelley will find out his sentence at a later date.

Another former friend who is expected to testify against Dimora is former auditor Frank Russo. It's not yet clear when federal attorneys might call Russo to the stand.

Both Dimora and co-defendant Michael Gabor said they are innocent of all federal charges.