Another former official testifies against ironworkers' union boss

Another former Ironworkers Union business agent took the witness stand Monday and told a federal jury that Local 401 boss Joseph Dougherty clearly approved of vandalizing nonunion job sites.

Sean O'Donnell, who came from a family of union ironworkers, testified that no business agents sought Dougherty's approval before embarking on "night work" - union code for after-dark attacks on nonunion construction sites.

"It was the way it was in the union. It was the way the union did business," O'Donnell explained when questioned by Assistant U.S. Attorney Robert J. Livermore.

Testifying under a guilty-plea agreement at the racketeering conspiracy trial of the 73-year-old union boss, O'Donnell said he did tell Dougherty about night work after the fact.

"I would tell him we did certain jobs and he said, 'Good,' with a smile," O'Donnell testified.

"Did he ever tell you not to?" asked Livermore.

"No, he never told me not to," O'Donnell replied. "I took it that it was OK . . . I took it as his approval."

O'Donnell, 44, is to be questioned later today by defense attorney Fortunato N. Perri Jr. in what is expected to be the final day of prosecution testimony.

O'Donnell also spent almost an hour verifying for Livermore copies of his notes for his monthly report at union membership meetings, which were presided over by Dougherty and other Local 401 officials.

In the reports, which O'Donnell confirmed he read aloud to the membership, the business agent regularly referred to night work and took time to "thank the Shadow Gang for more good work" - damaged anchor bolts and construction equipment that caused expensive delays for nonunion builders and subcontractors.

Livermore asked O'Donnell why he would write down and publicly discuss acts of vandalism that became part of the indictment against him, Dougherty and 10 other ironworkers.

"I wanted to let everybody know I was doing the job I was elected to do, that I knew what was going on in the territory," said O'Donnell, adding that the public disclosure of attacks on nonunion contractors "made me look good."

O'Donnell and the 10 others charged with Dougherty have pleaded guilty and many have testified for the prosecution in hopes of leniency at sentencing.

It's not known whether Dougherty will testify in his defense but it seems unlikely.

Perri told U.S. District Judge Michael M. Baylson he did not expect the defense case, which is likely to begin Tuesday, to take more than two hours.

Dougherty, Local 401's leader for 16 years and a member for a half-century, has pleaded not guilty to charges of racketeering conspiracy and related counts involving about two dozen acts of vandalism and arson on nonunion job sites between 2008 and 2014.

Livermore has argued that Dougherty ran the union as a criminal enterprise to convince nonunion contractors to hire more costly union ironworkers or pay the price of vandalized job sites and equipment.

Perri has argued that there has been no proof Dougherty directly ordered the violence and vandalism and he has incriminated by rogue members of Local 401 now eager to testify for prosecutors hoping escape long prison sentences.

While O'Donnell acknowledge that he hoped for a lesser prison term because of his cooperation, he told Livermore he decided to plead guilty because "I didn't feel like being guilt-ridden anymore about doing these things."

Source: Philly.com