The defense team for the convicted former Cuyahoga County …
Steven Pumper testifies during the Jimmy Dimora corruption trial on Feb. 7, 2012. (Sketch by Brian Shellito)
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Posted: 02/08/2012
AKRON, Ohio - Defense attorneys took a crack at a star government witness against former Cuyahoga County commissioner Jimmy Dimora late Wednesday afternoon.
Andrea Whitaker implied to the jury that contractor Steve Pumper was a liar, who turned on a friend and is trying to shave time off his impending prison term.
Whitaker brought up the work done at Dimora's Independence home, and got Pumper to admit Dimora did in fact pay several thousand dollars towards backyard improvements.
On a wiretap between Dimora and former auditor Frank Russo, Dimora said, "Don’t go be (expletive) goin' there saying 'oh, we don’t have no contract' – ya know, show ’em I paid $13,000 back in '04 and '05 so they know that."
Dimora was referring to Pumper, and talking about the lack of invoices for the work at his home, including a patio roof, outdoor kitchen area with high-end appliances and a bathhouse.
Under cross questioning, Pumper said Dimora "paid a little over to $11,000 to suppliers" in those years. The jury never saw cleared checks for that payment, as they did for other payments Dimora made years later, after Pumper was approached by the FBI.
Whitaker also pointed Pumper's former company, D-A-S Construction, failed to bill the county on project. Whitaker asked Pumper if he was going "through a lot" in his life, and Pumper said he was, including a divorce and a sick brother. The implication was that if D-A-S was lax about billing the county, Pumper also was lax about sending Dimora invoices for work at his home.
Pumper's family lives down the road, and D-A-S trucks were openly parked at Dimora's house, Pumper said on direct, and again admitted on cross examination. Whitaker's implication was that Dimora was not trying to hide his home improvements. She also asked Pumper if he had conversations with Dimora about getting invoices together for the work. He replied, "I might have, yes."
Federal prosecutors said Pumper gave Dimora about $60,000 in free and discounted home improvements, and $33,000 in cash.
Whitaker also tackled Pumper's testimony about the cash. Earlier in the day Pumper testified he would deliver about $2,000 in cash-stuffed envelopes to Dimora's home. It allegedly was in exchange for Dimora's help in speeding up the county's purchase of a garage near the Ameritrust building. Pumper was working as a consultant for the seller.
Pumper said the seller paid him $250,000 for his help on the deal, but he told Dimora he was only getting $150,000. After deducting taxes and other items from the $150,000, Pumper testified he and Dimora agreed to split the remaining amount, with Dimora getting $35,000.
Whitaker hounded Pumper about his lie on how much he was earning, and tried to create doubt in jurors' minds if the cash payments ever really happened. Whitaker pointed out Pumper's testimony about his destroying evidence and computers. Yet, an alleged accounting file of payments to Dimora got into the FBI's hands once Pumper decided to cooperate.
Pumper said he tried to erase his accounts.
"But just this little bit remained?" Whitaker asked.
"Listen, I didn’t destroy that information properly," Pumper said.
Whitaker also dropped a surprise line of questioning about Pumper's relationship with Russo. She asked what kind of relationship it was, and Pumper answered it was "decent."
"Mr. Russo was upset with you because of a relationship with his daughter, wasn't he?" Whitaker asked. Pumper said they were in a relationship at one time.
"You asked (Russo) to lower your property taxes, didn't you?" Pumper answered "yes."
"But, in fact, your taxes were increased, weren't they?" Pumper answered "yes."
The implication appeared to be that Pumper was bitter over that, and had reason to lie to the FBI about Dimora.
Cross examination of Pumper by co-defendant Michael Gabor's attorney barely got started late Wednesday, and is set to resume Thursday morning. Keep checking newsnet5.com for updates.
Dimora and Gabor maintain their innocence on all federal charges.
Pumper will be sentenced after the trial, on his guilty plea to several charges including bribery, obstruction and lying to the FBI.
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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