By: Ken Trump, newsnet5.comAKRON, Ohio - Federal jurors in the Jimmy Dimora corruption trial have heard testimony about prostitutes, Fidel Castro and Jerry Springer. During Wednesday morning’s hearing, they heard about Elvis.
Berea mayor Cyril Kleem was called to the witness stand shortly after 9 a.m. by Dimora defense attorney, Andrea Whitaker.
Kleem testified then-county economic development administrator Tracey Nichols told him his city’s application for a bridge building project at Coe Lake did not qualify for federal Housing and Urban Development funding because their application was based on handicap accessibility, not poverty. Kleem said HUD guidelines clearly permitted applications under handicap accessibility.
Kleem said he “made a request of Commissioner Dimora” to look further at the issue because Berea city officials felt Nichols, who is currently economic development director for the City of Cleveland, was “overstepping her bounds” by not allowing the city to apply.
“I told him that it was federal guidelines that allowed us to submit the application…and that the county really had no choice in that matter,” Kleem testified.
Kleem testified he had no discussions and no meetings with Dimora after the application process.
Cyril Kleem, who has been mayor since 2008, is the second cousin of federal government star witness, Ferris Kleem. He testified that Ferris Kleem donated materials and labor worth around $80,000 but was not paid as a part of the Coe Lake project.
Near the end of her questioning, Whitaker asked Cyril Kleem if he attended his election party at Teamz restaurant after winning the mayoral election in 2008.
“I went to an Elvis concert --- a tribute concert,” Kleem said, telling jurors he did not attend his mayoral election victory party.
During cross-examination, Assistant U.S. Attorney Ann Rowland asked Kleem if he recalled whether his conversation with Dimora was on the phone or in person. Kleem did not recall even after being presented with a July 2010 statement he gave to the FBI.
Kleem admitted, when asked by Rowland, that he is taking medications to help with his memory. Kleem was the focus of a recent controversy unrelated to the Dimora case in which Kleem was investigated by Cuyahoga County Sheriff’s Department in connection with an incident of a Berea city truck found in Olmsted Falls on Christmas night in 2010.
Mayor Kleem was called as a defense witness and has not been charged in the conspiracy case.
Frank Gambosi, the finance director of the city of Bedford, was the defense counsel’s second witness. Gambosi testified about sources of funding for Bedford judges and upon cross-examination by federal prosecutors, told jurors the city received numerous sources of grant funding for Cuyahoga County.
Sherman Micsak, the superintendent of Bedford City Schools, was called as a defense witness after the morning trial break. Attorney Whitaker questioned Micsak on the hiring of Lauren Zavarella, the daughter of contractor and government witness Nicholas Zavarella, who said Dimora helped get his daughter government jobs.
Micsak testified that he never saw a letter of recommendation for Lauren Zavarella that Dimora sent to the district's former superintendent, Martha Motsco. Micsak said he made the ultimate decision to hire Zavarella.
Upon the jury's return from lunch, U.S. District Court Judge Sara Lioi dismissed the jurors for the day at 1:05 p.m.
"We appreciate your patience...with timing matters," Lioi told the jurors. She instructed them to report back at 8:45 a.m. on Thursday.
The defense presentation appeared disjointed at times on Wednesday morning. At least two defense witnesses were not present at the courthouse when defense attorneys were ready to call their next witness.
Another defense witness arrived very shortly after the judge dismissed jurors for the day. Paul Nick, the executive director of the Ohio Ethics Commission, was observed in the back of the courtroom as attorneys were packing up for the day.
"You know how to get here now?," Judge Lioi asked, telling Nick she would see him on Thursday.
On Tuesday, the trial recessed around 2 p.m., much earlier than the typical 5 p.m. or later recess. It appeared no additional defense witnesses were available to testify at the time of early dismissals on both Tuesday and Wednesday.
Dimora defense attorney, Bill Whitaker, filed a motion around 3:20 p.m. on Monday asking U.S. District Court Judge Sara Lioi for a two-day recess in the trial so the defense could adequately prepare to present their case. Whitaker stated that numerous witnesses were not available since the defense did not anticipate having to present their case until Feb. 27 or 28, the time prosecutors originally said they expected to rest their case.
A conference call was held with the judge and attorneys late Monday, according to a court electronic filing system entry. During the conference call it was determined the Dimora defense team would be able to produce some witnesses, so Tuesday's hearing
PRINT
