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CVS trial: Outage interrupts tale of power

08:52 AM EDT on Thursday, May 15, 2008

By Mike Stanton
Journal Staff Writer

PROVIDENCE –– A tale of power –– of lobbyists and bills, campaign contributions and political fundraisers at the Villa Santini, even coveted tickets to The Oprah Winfrey Show –– was interrupted by a power outage at the federal courthouse yesterday during the trial of two former CVS executives accused of bribing a Rhode Island senator.

Shortly past noon, a CVS employee who worked for defendant John R. “Jack” Kramer was testifying about her ex-boss’ dealings with John Celona, then a powerful senator, when the lights went dark in the 100-year-old courthouse on Kennedy Plaza. The large contingent of lawyers sat silhouetted in the gloom, prosecutor Stephen G. Dambruch frozen in mid-question, before Chief U.S. District Judge Mary M. Lisi sent everyone home for the day.

Journal illustration/ Frank Gerardi

Judge Mary Lisi halted the trial early yesterday because of a power failure.

The power had gone out earlier at 9:35 a.m., forcing a two-hour interruption. Plans were briefly made to move the trial across the street to the John O. Pastore Federal Building that houses the post office and other courtrooms, but then everyone hustled back to the courthouse after clerks received word that the power was back on.

“We will resume tomorrow at 9 –– with power,” said Lisi.

Amid the blackouts, jurors heard from two government witnesses as prosecutors sought to build their case that Kramer and co-defendant Carlos Ortiz bribed Celona by hiring him as a $1,000-a-month consultant to further CVS’s legislative agenda at the State House. The defense contends that Celona was hired to promote the Woonsocket-based drugstore chain’s image in the community, through his extensive contacts with the elderly and his cable-access television show, on which Kramer was a frequent guest.

But it was a more celebrated television talk show, hosted by Winfrey, which took center stage yesterday.

Early in 2002, two years after Celona had gone on CVS’ payroll, he called Kramer and asked for help getting tickets for the senator and his wife for the Oprah show, which is taped in Chicago.

Kramer’s administrative assistant, Mary Jane McCusker, testified that she took the call from Celona and relayed his request to Kramer.

Celona “wanted to take his wife to see Oprah as a Christmas present,” said McCusker.

McCusker, who still works at CVS, said Kramer told her to call Lisa Churchville, the general manager at WJAR-Channel 10, the Rhode Island NBC affiliate that broadcasts Oprah.

Dambruch displayed an e-mail exchange between McCusker and a jubilant Celona.

“Thanks MJ!!!” wrote Celona. “You and Jack and Lisa are the BEST! THE LAST WEEK OF JANUARY LOOKS LIKE THE TIME.”

The tickets were procured, and Celona and his wife went to the show, testified McCusker.

Churchville, reached yesterday while traveling in the Lake Como region of Italy, told The Journal that she recalled Kramer asking her for tickets to Oprah and learning afterward that it was for Celona and his wife.

“I did get Jack the tickets,” said Churchville. “CVS is a big client, so if they ask, I’m happy to contact the program.”

She said clients have called on other occasions seeking tickets to popular programs such as The Martha Stewart Show, The Tonight Show with Jay Leno or Late Night with Conan O’Brian, and that she had received other requests from Kramer. But she said it was usually for clients or for auction as part of a charity event.

She could not recall other requests for tickets for politicians. Nor, she said, did Kramer say why he was helping Celona.

Celona, who pleaded guilty to selling his office to CVS, Blue Cross & Blue Shield of Rhode Island and the Roger Williams Medical Center, is serving a 2 1/2-year prison term. As part of his cooperation agreement with prosecutors, Celona has been moved from prison in western Pennsylvania to the Wyatt Detention Center in Central Falls.

Celona is expected to testify soon as the government’s star witness, in a trial expected to last four weeks.

McCusker testified that she met Celona when the North Providence senator came to CVS headquarters for a luncheon meeting with Kramer in the summer of 1999. That’s the time period when prosecutors say Celona, Kramer and Ortiz began discussing the possibility of the senator becoming a consultant for CVS.

She testified that she later became aware that Celona was a paid consultant for CVS, from reviewing budget documents as part of her job. But she said that nobody ever told her what his duties were.

“The most he did, from my perspective,” she said, “was the taping of his TV shows,” where Kramer appeared to promote the CVS Charity Classic golf tournament.

Celona would also call asking for tickets to the Charity Classic, testified McCusker, and she would provide them, on Kramer’s instructions.

“Jack had a list,” she said. “There were many people who called for tickets.”

McCusker said she didn’t recall whether the tickets had a monetary value, but noted that after awhile, CVS began sending letters to the recipients of comp tickets asking for donations, because the golf tournament was intended to raise money for charity.

Dambruch asked whether Celona ever sent any money for the tickets. Not that she recalled, replied McCusker.

McCusker also testified that Kramer authorized campaign contributions to Celona in 1999, 2000 and 2001 in response to written solicitations from the Celona campaign.

A notation on a $100 contribution in 1999 indicated that the check was given to Joseph W. Walsh, a prominent State House lobbyist who testified on Tuesday about his work for CVS and his dealings with Celona.

McCusker hand-wrote on one Celona solicitation letter, “Carlos, Jack will go. Check, please.”

Dambruch also produced Kramer’s appointment calendar, showing that he attended fundraisers for Celona in 1999 and 2000 at the Villa Santini, a North Providence restaurant, and at the Providence Marriott in 2001.

On the 2000 Celona campaign-solicitation letter, Kramer wrote to Ortiz, “Carlos, We should attend –– either you or me.”

The letters from Celona’s campaign noted the senator’s selfless efforts on behalf of his constituents and all the citizens of Rhode Island.

“He is a public servant that we are all proud of.”

Earlier yesterday, lobbyist Clark Curtis testified about his work on behalf of CVS in 2002 and 2003.

Curtis, who had been former Gov. Lincoln Almond’s chief of legislative affairs, testified that he worked as a sub-contractor for Joe Walsh and his law firm, Tillinghast Licht. In lobbying for CVS, he said, he took direction from Walsh or Gayle Wolf, another Tillinghast lobbyist, and also had dealings with Ortiz and, on occasion, Kramer.

Dambruch produced Curtis’ lobbyist forms, which must be filed with the secretary of state, signed by Kramer. The defense contends that Kramer, who oversaw community relations as well as government affairs at CVS, had little to do with legislation and was more focused on CVS’ charitable events.

Another document, a fax from Curtis to Celona in 2003, showed that Curtis had sent Celona draft legislation on the electronic filing of prescriptions, a measure that CVS wanted passed that year. Another document previously introduced, an e-mail from Ortiz to Walsh that year, said that Ortiz had spoken to Celona “about sponsoring these changes to allow for electronic prescribing. He was agreeable.”

While Curtis lobbied Celona on CVS’ behalf, he said that he could not recall specific conversations. Nobody ever told him, he testified, that Celona was a paid CVS consultant.

Celona, said Curtis, was the chairman of the Senate Corporations Committee, a post he assumed in 2001 — and one that gave him power over legislation affecting CVS.

“It’s a very powerful position,” testified Curtis. “Within the confines of the committee room, he has absolute power.”THE WITNESSES

Mary Jane McCusker, administrative assistant to defendant John R. “Jack” Kramer, testified to her efforts to obtain tickets to The Oprah Winfrey Show for John Celona.

Clark Curtis, a lobbyist, testified about his work on behalf of CVS in 2002 and 2003.

mstanton@projo.com