Federal prosecutors ended their case Monday in the
racketeering conspiracy trial of Ironworkers Union boss Joseph Dougherty with
another Local 401 business agent testifying that Dougherty clearly approved of
vandalizing nonunion job sites.
Sean O'Donnell, who comes 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 - because permission wasn't needed.
"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."
When the trial resumes Tuesday, defense attorney
Fortunato N. Perri Jr. will present what he said will be mostly character
witnesses testifying in support of Local 401's veteran business manager.
Dougherty will not testify in his defense and U.S.
District Judge Michael M. Baylson will instruct the jury it may not hold that
against Dougherty. Under the Constitution, criminal defendants are not required
to present any evidence.
Depending on the length of the defense case and whether
the prosecutor presents any rebuttal testimony, the jury could begin
deliberating Tuesday after lawyers' closing arguments and legal instructions
from the judge.
On Monday, O'Donnell, 44, spent almost an hour verifying
for Livermore copies of his notes for monthly reports at union membership
meetings presided over by Dougherty and other Local 401 officials.
In the reports, which O'Donnell confirmed he read aloud
to the members, 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,"
O'Donnell responded, adding that the public disclosure of attacks on nonunion
contractors "made me look good."
In questioning O'Donnell, Perri cited the official
minutes of the monthly membership meetings, none of which mentioned O'Donnell's
praise for the "Shadow Gang" and its vandalism.
O'Donnell and the 10 others charged with Dougherty have
pleaded guilty, and many have testified for the prosecution in hope of leniency
at sentencing.
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.
Perri has argued that there is no proof Dougherty
directly ordered the violence and vandalism. The union boss, Perri said, has
been incriminated by rogue union members eager to testify for prosecutors while
hoping to escape long prison terms.
While O'Donnell acknowledged that he hoped for leniency
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
No comments:
Post a Comment