Star witness fails to deliver in CVS corruption trial
PROVIDENCE, R.I.—When jurors took just 90 minutes to acquit two former
John Celona, the imprisoned ex-state senator, spent an uncomfortable four days on the stand in the now-concluded trial of John R. Kramer and Carlos Ortiz. He was pummeled with questions about his lies to the FBI, his false tax returns and a patchwork of contradictory statements.
His credibility seemed to be as much on trial as the two executives charged with bribing him for political favors. And his shaky performance raised questions about prosecutors' ability to rely on his help to secure future convictions.
"It was clear that he was caught in many lies," juror Debra Giampietro, 34, of Warwick, said.
Celona quibbled with lawyers over word choice and equivocated on straightforward questions. He drew frequent admonitions from a judge when his answers strayed off topic. His testimony at times directly contradicted his earlier statements, drawing a mistrial request from defense lawyers and prompting a judge to rebuke prosecutors for not disclosing that Celona had changed his story about a key aspect of the case.
U.S. Attorney Robert Clark Corrente acknowledged the problem Celona posed for his office when he told the judge this week: "We couldn't be sure until it came out of his mouth exactly what he was going to say at trial."
Celona agreed to cooperate with prosecutors after pleading guilty to corruption in 2005, forging an uneasy alliance with the same office that put him behind bars and becoming a pivotal character in a continuing Statehouse investigation that prosecutors call "Operation Dollar Bill."
He's testified extensively in two corruption trials, but his willingness to turn on former associates for personal gain and his difficulty telling the same story twice have opened him to bruising cross-examinations and left him vulnerable to defense lawyers looking to make his credibility a key issue for the jury.
Ortiz and Kramer, accused of paying Celona to advance the pharmacy chain's legislative agenda, were acquitted of 23 counts of bribery, conspiracy and mail fraud. Scott Corrigan, a lawyer for Kramer, said the swiftness of the jury's verdict indicated their lack of faith in Celona's testimony.
"You get a witness who's so obviously changing his story as much as this guy and two defendants who didn't really financially benefit from their actions. If you're going to cut anyone a break, you cut those defendants a break," said David Zlotnick, a former federal prosecutor in Washington and an associate dean at the Roger Williams University law school.
Even as defense lawyers focused their case on Celona's credibility, prosecutors largely avoided broaching Celona's inconsistencies with the jury. Instead, they focused on documents that they said showed the executives directing Celona on what positions to take on legislation.
That approach worked in 2006 in the trial of two executives at Roger Williams Medical Center charged with illegally employing Celona. Prosecutors used a paper trail of e-mails and faxes to win convictions -- even though Celona was occasionally belligerent on the stand and displayed much of the same problems as a witness.
Those convictions were overturned because of flawed jury instructions, but prosecutors are retrying the case. Corrente was circumspect Friday about what role Celona would play in that case, saying, "We'll see."
Zlotnick said prosecutors would have to call Celona again because his absence would leave "too gaping a hole" for jurors.
Celona pleaded guilty to selling the influence of his office to CVS, Roger Williams Medical Center and Blue Cross & Blue Shield of Rhode Island. He was sentenced to two-and-a-half years in prison, getting credit for his cooperation.
He has met roughly two dozen times with investigators, made more than a half-dozen appearances before grand juries and testified extensively in two trials. His multiple statements give defense lawyers a voluminous record to pick through for inconsistencies and contradictions.
"Each time that somebody testifies, particularly somebody that has baggage like Celona, I think it only makes it harder for the government and easier for the next defendant," said Edward Roy, an assistant federal public defender.
In the CVS trial, for instance, he told a prosecutor he had done no legitimate work for CVS in 2000. But then a defense lawyer showed an old e-mail from Celona to Ortiz detailing work he had done.
He told a prosecutor he had not identified CVS as his prospective employer when he contacted the state Ethics Commission to get approval for the job. But then a defense lawyer pulled out earlier testimony from Celona indicating that he had in fact identified CVS.
Corrente vowed that his office's investigation would continue despite the acquittals. Another former lawmaker is already in prison, and prosecutors say they are pursuing multiple investigations against politicians and corporations.
"If anyone thinks we're going away," he said Friday, "they're wrong."
