Vitale arraignment delayed; case details kept secret

By Andrea Estes and Andrew Ryan, Globe Staff

The arraignment of a close confidant of House Speaker Salvatore F. DiMasi was delayed today until next week as his lawyer fought to keep details about the case secret.

Richard Vitale

Richard Vitale had been scheduled to be arraigned today in Suffolk Superior Court, where the state attorney general's office had planned to file a statement of the case outlining alleged violations of lobbying and campaign finance laws.

Vitale's lawyer, Martin Weinberg, had requested that his client's presence at the arraignment be waived because he was vacationing with his family and could not attend. Prosecutors were prepared to fight that request. Instead, Magistrate Gary Wilson postponed the arraignment until next Monday, when Vitale's presence will be required.

Weinberg also asked that the statement of the case be sealed because he was "concerned regarding a future jury trial."

"This clearly is a case that has some media attention," Weinberg said.

Assistant Attorney General Edward Bedrosian described the statement of the case as a fairly concise outline of the state's evidence after an investigation that included the examination of thousands of e-mails.

Wilson sidestepped the issue by telling prosecutors not to file the statement of the case today in court, a move that keeps the document shielded from public view. "It's more than I clearly would need for arraignment," Wilson said.

Vitale, 63, served as DiMasi's accountant and campaign treasurer. He was indicted Dec. 18 on charges of violating lobbying and campaign finance laws stemming from work on behalf of a ticket brokers’ organization. He is accused of secretly pushing legislation on behalf of the ticket brokers, which included directly lobbying DiMasi and House Speaker pro tempore Thomas Petrolati on several occasions.

Weinberg has described the charges as regulatory offenses and maintained his client had done nothing wrong.

Vitale and his company, WN Advisors, were indicted on 10 counts. The charges include two counts of failing to file timely registration statements; making an illegal agreement for compensation contingent on the passage of legislation; and four counts of making campaign contributions in excess of the $200 maximum per year. WN Advisors is charged with two counts of failing to file timely registration statements and making an illegal agreement for compensation contingent on the passage of legislation.

The postponement today of Viatle's arraignment may keep details from the case secret until after lawmakers decide whether to give DiMasi another two-year term as speaker. House Democrats are scheduled to vote on Wednesday.

Last week the Globe reported that at least one top lawmaker who has flourished under DiMasi would not support his bid next week for another two-year term as speaker. Representative David Torrisi, the House chairman of the Committee on Labor and Workforce Development, said he would vote "present," a decision he labored over for months.

"The allegations are serious, and I think it's time for new leadership in the House," Torrisi, a North Andover Democrat, said last week in an interview. "Quite frankly, I was hoping he would have stepped down by now."

Torrisi was the first Democrat to break ranks and go public with his concerns that the ethical investigations surrounding DiMasi make it difficult for him to continue as an effective speaker.

DiMasi's spokesman, David Guarino, said in a statement last week that the speaker still "enjoys overwhelming support from the members and is proud of the House's accomplishments under his leadership, from landmark healthcare legislation to nation-leading energy reforms."

Material from the Associated Press is included in this report.

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