The juror said the seven women and five men who made up the jury were “a really good team.”
Former Massachusetts House Speaker Salvatore DiMasi squeezes between two parked news trucks as he attempts to leave the media behind after leaving the Federal Courthouse in Boston, Wednesday, after his conviction on conspiracy and other charges.By KYLE CHENEY
BOSTON - A juror in the trial of former House Speaker Salvatore DiMasi, which resulted in convictions of DiMasi and lobbyist Richard McDonough on conspiracy and fraud charges, said Thursday that jurors acquitted DiMasi’s longtime financial adviser, Richard Vitale because the evidence of Vitale’s guilt presented by prosecutors wasn’t as convincing.
The juror, who asked to remain anonymous, said the seven women and five men who made up the jury were “a really good team” and worked cooperatively to reach a unanimous verdict on each of the counts presented to them.
The jury on Wednesday convicted DiMasi of conspiracy, two counts of mail fraud, three counts of wire fraud and a count of extortion. McDonough was also convicted of conspiracy, two counts of mail fraud and three counts of wire fraud.
The men were charged, along with Vitale, of conspiring to rig state contracts for Cognos Corp., a Canadian software company, in exchange for kickbacks. DiMasi, prosecutors said, used his legislative power to ensure that Cognos won two contracts – a $4.5 million deal in 2006 and a $13 million deal in 2007. In exchange, they said, he received $65,000 in kickbacks funneled through a law associate, McDonough received $300,000 for his role and Vitale received $600,000.
Defense lawyers never denied that the payments occurred but argued that they were made through legal means and for legitimate purposes. For example, DiMasi, they said, received the funds from his law associate Steven Topazio as part of a longstanding fee-sharing arrangement the two men had.
A fourth codefendant, Joseph Lally, pleaded guilty in March and testified against the three codefendants. His testimony, a pivotal part of the prosecution’s case, was ripped by defense lawyers as unreliable and, essentially, bought by the prosecution, who promised Lally a lighter sentence and financial incentives for his cooperation and “substantial assistance.” For much of the trial, defense lawyers focused on Lally’s credibility as a witness, calling him a liar, a cheat and a “degenerate gambler.”
The juror declined to say whether the jury viewed Lally’s testimony as reliable. “I really don’t have any comment on that,” the juror said.
During the trial, Vitale’s role in the alleged scheme was largely addressed through testimony offered by Lally, who placed Vitale in conversations with the coconspirators at pivotal moments during the time period of the crimes. Prosecutors said Vitale established a consulting firm, WN Advisors, that essentially served as a front to paper over kickbacks from Cognos. The firm received $500,000 in 2007 after the second Cognos deal went through, funds that prosecutors alleged was set aside for DiMasi, who was contemplating leaving the Legislature.
Asked whether the jury felt there had been less convincing evidence presented to convict Vitale, the juror said “correct” and declined to elaborate.
Prosecutors also contended that Vitale extended a $250,000 line of credit to DiMasi, partially backed by Cognos funds, as part of the conspiracy.
Martin Weinberg, Vitale’s lawyer, argued that the line of credit, backed by a third mortgage on DiMasi’s home, was a relatively commonplace arrangement and that Vitale performed consulting work for Lally and Cognos to earn the proceeds from the $13 million deal.
Weinberg was not immediately available for comment Thursday said Wednesday that his client’s acquittal was “the pivotal moment of his legal life.”
“It’s bittersweet because two of his friends didn’t get the same verdicts, so it’s hard to feel exhilarated,” he said.
Vitale is still facing pending state charges in which Attorney General Martha Coakley has alleged he broke state lobbying and campaign finance laws by pushing for legislation on behalf of ticket brokers without registering as a lobbyist. Coakley’s indictment, leveled in December 2008, was against Vitale and WN Advisors. The crimes alleged are misdemeanors, according to Weinberg.
The 12-member jury hailed from a range of eastern Massachusetts cities and towns, including two members from Brockton, and one from Brookline, Boston, Lynnfield, Peabody, Westwood, Marshfield, Bellingham, Braintree and Bridgewater. Most of the jurors did not answer their phones and declined to immediately respond to messages seeking comment. One juror’s voicemail box was full and another’s listed number was not in service.
The juror who spoke said that the 12 members increasingly became aware of the significance of the trial as it went along.
“As time went on, you could tell that this was something big,” the juror said, adding that when Gov. Deval L. Patrick testified, “That was a really interesting day, exciting. I was surprised.”