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May 29, 2008

CVS trial: Prosecution, defense make closing arguments

PROVIDENCE -- Closing arguments got under way in the CVS corruption trial this morning with a federal prosecutor laying out a trail of legislation, e-mails and memos -- proof, he said, that John R. "Jack" Kramer and Carlos Ortiz, former CVS executives, are guilty of criminal wrongdoing.

During an hour-long closing, prosecutor Stephen G. Dambruch built his case around the actions and hiring of ex-state Sen John A. Celona, the government's star witness. Celona was hired as a $1,000-a-month consultant for the Woonsocket-based drugstore giant in 2000.

Dambruch provided evidence that Celona reversed his position on pharmacy-choice legislation and became an eager advocate for CVS.

CVS had long opposed pharmacy-choice legislation, and Dambruch today quoted from a document in which Ortiz had said that if the legislation passed, it would cost CVS millions of dollars in sales.

Dambruch also suggested in his closing that Kramer and Ortiz made repeated attempts to hide that Celona was a paid consultant. He pointed out that Ortiz told Todd Andrews, a former CVS corporate communications director, to keep Celona's consulting role quiet.

After a break this morning, David B. Fein, one of Kramer's lawyers, began his closing argument, telling the jurors they are probably wondering why they had to sit through three weeks of testimony. He said the government has not proved its case and there is no evidence of criminal intent by Kramer or Ortiz.

Fein said the hiring of Celona -- whether right or wrong -- should never have reached a courtroom.

"That discussion belongs in a corporate office in Woonsocket, Rhode Island, not a federal courtroom in Providence, Rhode Island," Fein told the jury.

After Fein, Thomas Kiley, a lawyer for Ortiz, will give a closing argument.

Dambruch will have the opportunity to offer a rebuttal.

Extra: More on this trial and the Operation Dollar Bill investigation corruption probe.

-- Journal staff writer W. Zachary Malinowski

Posted by Mike McKinney  at 11:30 AM | Permalink

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Phil Gee | May 29, 2008 1:33 PM link

pc | May 29, 2008 6:54 PM link

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