Cryptic calls, home visits and manufactured invoices after FBI Dimora corruption case went public

AKRON, Ohio - Jurors on Monday morning heard wiretap calls and saw prosecution exhibits which prosecutors said is evidence that former county commissioner Jimmy Dimora made cryptic calls, had co-conspirators visit his home, and sought invoices for prior home improvements once the federal corruption investigation went public in May 2008.

“I don’t walk to talk on the phone,” Dimora told co-defendant Michael Gabor in a May 28, 2008 wiretap.

Assistant U.S. Attorney Antoinette Bacon walked FBI Special Agent Christine Oliver through numerous wiretap conversations in which Dimora spoke cryptically with Gabor, former county employee J. Kevin Kelley, and former union official, Robert Rybak. Instead of talking on the phone, Dimora instructed Gabor, Kelley and others to come to his home to talk.

On May 29, 2008, a federal grand jury subpoena was issued to D-A-S Construction for documents related to their work with public officials and instructing company officials to appear before the grand jury on July 10, 2008. Jurors saw transcripts and exhibits which prosecutors said showed Dimora earlier in the week suspected something was about to occur and was trying to cover his tracks. 

“Always waiting for the other shoe to fall you know or drop or whatever they say,” Dimora said in a May 28, 2008 wiretap conversation with contractor Ferris Kleem.

Jurors heard one wiretap conversation in which Dimora asked D-A-S attorney George Argie to stop by his house. In a separate wiretap Dimora asked contractor Rick Capone to have D-A-S company owner Steven Pumper send an invoice for work D-A-S did on Dimora’s house.

“Would you tell Steve to please have his company send over this invoice on this?...I just thought it would be good if they saw payments towards it,” Dimora told Capone. “I just want to cover all the bases so you don’t have a problem and I don’t have a problem.”

Dimora also told Capone he sent a check, later shown to jurors in the amount of $600 and signed by Lori Dimora, to create a record of some type of payment for work on his house.

“I sent a check in just so that there’s enough money on account towards the project,” Dimora told Capone.

Jurors saw an invoice dated May 23, 2008 in which D-A-S billed Dimora for over $39,000 in work done at his home as early as 2005, according to the invoice. FBI agent Oliver testified the work dated 2005 had actually been done in 2004, four years prior to the invoice date.

Oliver testified that at one point, Kelley and Rybak met in an Independence parking lot to avoid phone discussions.

“To the best of my recollection I don’t recall,” Kelley and Rybak said to each other in one wiretap call in an apparent reference to pretending not to remember any details if questioned on their activities.

Before the trial's Monday lunch break, jurors were shown a FBI interactive timeline that documented the work of contractors including Vandra Brothers, Zavarella Brother Construction, D-A-S Construction, the Plumbers Union, Salva Stone Design and other companies.

The FBI also prepared an exhibit detailing over $69,000 in work done by D-A-S Construction and its subcontractors on Dimora’s house from 2002 to 2007. Agent Oliver testified D-A-S billed Dimora over $40,000 once the FBI investigation became known in 2008, still leaving more than $29,000 unbilled.

Former auditor Frank Russo, who has been charged and pleaded guilty in the federal corruption investigation, is expected to testify as early as this week.

Dimora and Gabor have maintained their innocence of all federal charges.

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