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February 8, 2008

Oster trial: Defense tries to establish another theory

PROVIDENCE -- In an effort to establish an alternative theory for the case, the lawyer for accused ex-Lincoln Town Administrator Jonathan F. Oster today repeatedly pointed out that it was another official who caused a contractor the most problems at a playground project site in Lincoln.

Questioning by Oster lawyer C. Leonard O'Brien today in part focused on Stephen Balestra, whose office oversaw federal money for the project and who was designated the town contact point for the Fairlawn playground project in the contract. He has been described as a friend of Robert R. Picerno, the former town planning board member who pleaded no contest in 2004 to bribery and conspiracy.

The state argues in its case against Oster, who was town administrator from 2000 to 2002 and is on trial for bribery and conspiracy charges, that Picerno, a former Oster political ally, would shake down potential buyers of a piece of town-controlled land on Route 116 -- known as the H&H Screw Co. property -- and Oster would arrange the sale. A videotape of Picerno was part of yesterday's testimony in Providence County Superior Court.

O'Brien today asked West Warwick contractor David Wayne Daniel to describe his meetings with Oster on the playground project, which was on a different piece of land in town. Under questioning, Daniel said Oster was cordial and seemed to listen to him. O'Brien focused on a July 20, 2001, meeting -- the last of several Oster had with Daniel in his office -- at which Daniel had arrived early and was able to discuss the project privately with Oster without Balestra present.

O'Brien also questioned Daniels about the state police procedures in starting the investigation of the town-controlled land known as the H&H Screw Co. property, a parcel at the heart of the case. Daniel testified that his partner Robert Gelfuso had volunteered to wear a wire and record his dealings with Picerno. Daniel said he himself did not want to do that.

O'Brien also questioned Daniel how, when the state police were preparing Daniel for his Feb. 14 meeting with Picerno, they encouraged him to mention Oster's name and to try to get Picerno to say that the money he was being paid was going to the town administrator. But Daniel was not able to do that.

Read more about testimony regarding the playground project's role in the case.
-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer John Hill

Posted by Mike McKinney  at 3:16 PM | Permalink

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