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May 14, 2008
CVS trial: Power won't cooperate; recess until tomorrow

Journal photo / Kris Craig
The federal courthouse, at the north end of Kennedy Plaza in downtown Providence, as shown this past January. The gray granite building is celebrating its centennial this year, and has been the site of a February visit from U.S. Supreme Court Chief Justice John G. Roberts Jr. See more photos of the building.
PROVIDENCE -- The federal trial of two former CVS executives charged with bribery has been called off for the day after a back-and-forth battle with power at the century-old U.S. District Courthouse.
The trial will resume tomorrow at 9 a.m. with testimony from defendant John Kramer’s administrative assistant.
Kramer and Carlos Ortiz are accused of bribing former state Sen. John Celona to get preferential treatment for Woonsocket-based drugstore giant CVS at the State House.
The lights went out in the courtroom first went out just after 9:30 a.m. during testimony from Clark Curtis, who worked for lobbyist Joseph W. Walsh on behalf of CVS, the giant drugstore chain based in Woonsocket.
Judge Mary Lisi called for a short recess, eventually putting the trial off until 11 a.m. The power was not steady at 11 a.m., and so the proceedings were moved to the John O. Pastore Complex next door.
Then power returned across the street at the courthouse, and everyone made their way back.
The power went out again at 12:01 p.m.; returned at 12:02 p.m.; and was out again at 12:05 p.m.
Lisi called for a recess until tomorrow morning.
Early this afternoon, National Grid spokesman David Graves said a crew had checked the underground equipment near the courthouse and found no problems. “Everything is fine on our side,” he said. “So it could be a problem within the building, possibly.”
No other buildings in Kennedy Plaza are without power, Graves said. “Our equipment is functioning. We have power to all our cables in the area, and all our customers are up and running except the courthouse,” he said.
So National Grid does not know where the problem is, but “we are working with courthouse personnel and are still trying to figure out what the problem is,” Graves said.
-- projo.com staff writer Brandie M. Jefferson, with reports from Journal staff writer Edward Fitzpatrick
The power outage comes during the centennial of the federal courthouse, a five-story gray granite structure which was built between 1904 and 1908 as the Providence Post Office, Court House and Custom House.
In February, Chief Justice of the United States John G. Roberts Jr. came to Providence to kick off the centennial celebration, marking the first time a sitting Supreme Court chief justice had visited Rhode Island on official business in more than two centuries. There were no power outages during Roberts’ visit, and court officials talked about how despite its age, the courthouse had state-of-the-art technology.
Today, in calling the recess, Judge Lisi said, "Members of the jury, since it appears we can’t rely on the electricity staying with us, we are going to break for the day."
"We’ll resume tomorrow at 9 a.m. with power. If, for some reason it's not restored, we may reconvene next door in the Pastore building in Courtroom B.”
After the first power failure, witness Curtis resumed his testimony at 11:28 a.m. He finished at 11:37 a.m.
Afterwards, Kramer’s administrative assistant, Mary Jane McCusker, took the stand.
The power went out for the final time while prosecutor Stephen G. Dambruch was asking McCusker about a May 2000 fundraiser for Celona at the Villa Santini, an Italian restaurant in North Providence. Celona was a Democrat who represented North Providence in the state Senate.
Courtroom screens were displaying an entry in Kramer’s calendar that said, “May 16, 6 p.m., John Celona, Villa Santini.” And then the lights went out, along with power for the screens.
Earlier, McCusker had testified about how Celona contacted her to try to secure tickets to the Oprah Winfrey Show. “He wanted to take his wife to see the Oprah show,” McCusker said.
So, she said, Kramer told her to contact Lisa Churchville, general manager of Channel 10, the local NBC affiliate, to try to get the tickets.
McCusker had asked Celona when he wanted to go to the show. Screens in the courtroom displayed an e-mail that Celona sent to McCusker on Jan. 3, 2002.
“Thanks M.J. You and Jack and Lisa are the BEST!” Celona wrote. “That last week of January looks like the time.”
Dambruch asked if Celona received the tickets. “Yes,” McCusker said. “He went to the show.”
From 7to7 newsblog: CVS trial coverage as it breaks.
Extra: An in-depth look at the CVS trial and Operation Dollar Bill.
Posted by Brandie Jefferson
at 1:46 PM | Permalink
Peter Clement | May 18, 2008 11:35 AM link
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It is obvioius from reading about this trial, that the defendants are clearly being used as scapegoats by the prosecutuion.
There are long term negative implications for Rhode Island, if the jury buys the anti-business
rhetoric that is fueling this case.
Since a majority of US corporations run their business like CVS, future business relocations to Rhode Island may be in jeopardy. Not to mention current Rhode Island companies who might think twice about staying in a unfriendly business environment.
Kramer and Ortiz were merely doing there jobs as anyone else would in other states. On reading Kramers google profile, it appears that his sterling reputuation is being ruined for political gain by an overzealous prosecutor...Can you say Governor Elliot Spitzer?
If the jury only convicts these two men, then the case will appear to have been a failure in the eyes of prosecutors around the country, as well as a blow to future business activity in Rhode Island.