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January 29, 2008

Oster trial: Land-transfer concerns ends Day One

Journal photo / Bob Thayer
photo
Jonathan F. Oster, left, at the opening of his trial today in Superior Court in Providence. At right is C. Leonard O'Brien, one of Oster's defense lawyers.

PROVIDENCE -- Today's testimony in the trial of ex-Lincoln Town Administrator Jonathan F. Oster ended with former Lincoln Police Det. Lt. Albert Martell, who began discussing how he looked into what he considered a suspicious land transfer from Robert Picerno -- a former Lincoln official linked with Oster's alleged bribery and conspiracy -- to Picerno's son in July 2001.

The property, the Picerno family home on Preakness Drive, was transferred despite liens on it for unpaid taxes. Martell said that should have prevented any change of ownership until the taxes were paid.

Oster is on trial in Superior Court on two charges of bribery and two counts of conspiracy for alleged activities when he was town administrator from 2000 to 2002. Oster’s case concerns six acres on Route 116 near the Blackstone River called the H&H Screw property. The land's legal status has remained unresolved since the early 1990s when the owner went bankrupt and no one took title to the property.

Another prosecutor, Bethany Macktaz, said in opening statements yesterday that the state will show that twice, in 2001 and 2002, with different buyers, Oster and Picerno conspired to sell the property at a “rock bottom” price in exchange for bribes.

In 2004, Picerno pleaded no contest to four counts of bribery and three counts of conspiracy related to this case. The defense lawyer contends Picerno is seeking leniency in his sentencing.

This afternoon's testimony was taken up mostly by L. Robert Smith, a civil engineer who worked for the town of Lincoln in 2001 while it was searching for a permanent, certified town engineer. Smith told how he was recruited by Picerno to work for the town.

Under direct examination by prosecutor William Ferland, Smith said at one time he had been frustrated at being unable to reach the town’s lawyers -- he was to be a witness in a land use suit -- and Oster. He said during an encounter at the Lodge restaurant with Oster and Picerno, who had invited him there, Oster told him that if he was having trouble reaching him to call Picerno.

But on cross examination, Oster's defense lawyer, C. Leonard O’Brien, established that when Picerno contacted Smith about working for the town he was part of Oster’s transition team. O’Brien also got Smith to say that though Oster had told him to call Picerno if the engineer needed to reach him, Smith never did.

Click the following link to read reports from trial activity earlier today.

-- projo.com staff writers Michael P. McKinney and Brandie M. Jefferson and Journal staff writer John Hill

Prosecution seeks to link ex-planning official
Posted 1:39 p.m.

Earlier today, the prosecution sought to show that Picerno, an ex-Lincoln Planning Board member, was a significant campaign fund-raiser for Oster.

Under prosecutor Macktaz's questioning, Michael Hill, Oster’s campaign treasurer, testified that in 2000 Oster's campaign raised $43,284 -- and that $10,655 of it came from a fund-raiser Macktaz said former planning official/former Oster ally Robert Picerno organized at the Aurora civic club in December 2000.

O'Brien sought to play down Picerno's role in the fundraising activities. He pointed out that $10,655 figure did not include expenses for a sit-down dinner. He also pressed Hill on how heavily involved Picerno was in the fundraiser, suggesting to Hill that it was not referred to as a Picerno fundraiser until state police started calling it that with Hill.

Testimony begins in trial of ex-Lincoln administrator Oster
Posted 12:20 p.m.

The first morning of testimony was taken up mostly by current Lincoln Town Clerk Karen Allen as the state began to lay the groundwork for its case.

The state introduced into evidence town land records and tax assessor records mostly concerning the Route 116 land.

On cross examination, O’Brien challenged some of the records, particularly those from the assessor's office that discussed the value of the land.

O’Brien argued that since Allen wasn’t involved in production or recording of the records, she was not qualified to testify about them, and therefore they should not have been entered into evidence.

Superior Court Judge Gilbert V. Indeglia overruled O'Brien's objection, admitting the records into the official court documents.

Posted by Mike McKinney at 5:56 PM | Permalink

January 29, 2008

Oster trial: Land-transfer concerns ends Day One

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