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 School
Corruption Trial May be Postponed Yet Again
by Mitch Hotts, Macomb Daily, January 11, 2004
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A March trial
date in federal court for 10 people accused in the East Detroit
Public Schools corruption case may be pushed back yet again,
according to attorneys involved in the case.
Some of the defendants - which include two well-known former
school superintendents and a retired police officer - were
indicted in 2002, but due to a variety of factors, the trial
continues to be postponed.
The constant delays are annoying to parents and officials in
East Detroit Public Schools who want to see the cases resolved
to put the negative publicity behind them, said Veronica
Klinefelt, a former school board trustee.
"This absolutely is frustrating," said Klinefelt, one of two
former school officials who uncovered a pattern of misspending
that resulted in the indictments. "I am eager to have this whole
thing put to rest as I'm sure everyone else is. It's hard to
believe it's taking so long for the justice system to work."
The 10 defendants are accused of participating in an elaborate
scheme involving bribery, hush money and bid-rigging to defraud
the East Detroit and Clintondale Community Schools districts out
of more than $3 million.
Former Clintondale Superintendent Raymond Contesti was scheduled
to have a hearing this Tuesday before U.S. District Court Judge
Patrick Duggan. Contesti's attorneys were looking to have
several of the counts dismissed.
But on Friday, David DuMouchelle, the attorney for the former
school chief, said it's possible the hearing has been canceled.
He would not elaborate.
It's unclear whether DuMouchelle would seek a new date to have
his motions heard and whether the Contesti hearing would impact
the March 23 trial date for all of the defendants.
John Engstrom, the assistant U.S. Attorney handling the case,
said he could not be certain until he had a chance to talk with
DuMouchelle. Engstrom has other trials scheduled in the next few
months that could conflict with a new trial date, which could
push the corruption trial back to the fall.
Although frustrating, the delays are not unusual in federal
cases involving multiple defendants due to logistical factors,
according to veteran criminal defense attorney David Griem, a
former assistant U.S. Attorney.
"When you have so many defendants and attorneys, it's not out of
the norm to have significant delays in setting trial dates,"
Griem said. "You're talking about a large volume of documents to
review and calendar dates to schedule that fits the judge, the
lawyers and the prosecution."
In addition, Griem said the judge's approval of the
postponements may indicate there are behind-the-scenes
developments not being made public.
"That could be a sign that the judge may have the assurance of
the defense attorneys and prosecutors that there will be a
complete resolution of the case before it goes to trial," Griem
said.
U.S. Attorney Jeffrey Collins alleges Contesti and retired
Macomb County Sheriff's Inspector Ronald Lupo received free home
improvements, favors and more than $580,000 in cash from a
contractor in the school construction scandal.
The two men ran a business called L&C Consulting, which
purported to provide consulting services to companies doing
business with Clintondale and other entities. Federal
investigators say the two received periodic payments of $20,000
from William J. Hudson Jr., owner of Hudson Construction.
Hudson's company managed $53 million in voter-approved bond
projects in the 1990s in the Clintondale and East Detroit
districts.
The cash and home improvement projects were provided with the
expectations that Hudson would receive favorable construction
contracts in the two districts, federal prosecutors claim.
Hudson, who also has been indicted in the scam, and his
secretary Kim Carter have agreed to cooperate with the federal
government in the case.
Contesti's attorneys had planned to ask the court on Tuesday to
toss out several charges on the 55-page indictment against the
ex-school boss.
Court files show DuMouchelle argued that the charges of
conspiracy to affect commerce by extortion must involve
interstate commerce. The defense attorney said the charges
against Contesti do not meet that standard.
"The government has alleged nothing more than a local commercial
bribery scheme," DuMouchelle wrote in a brief contained in the
court file.
DuMouchelle asserts that since the alleged payoffs took place in
Michigan, there was no interstate connection that would fall
under the federal government's jurisdiction.
Engrstrom said he was aware of the argument and would have been
able to counter it in court.
One federal official, who asked not to be identified, said a
likely reason for Contesti's delay is the possibility of a
plea-bargain agreement. The official said Contesti may be
willing to go to jail to keep his son out of trouble.
Contesti faces up to 20 years in prison on the most serious
charges he faces.
His son, Michael Contesti, was hired by Hudson and given a
$100,000 salary even though Michael Contesti had no experience
in construction. Michael Contesti has not been indicted in the
case.
There is a court rule that calls for trials to be held within
180 days of an arrest, but because both the prosecution and some
of the various defense attorneys have requested delays in the
past, that rule has been waived.
Others named in the indictment include former East Detroit
superintendents John Gardiner and Allan Torp; Joseph Cross, a
former East Detroit trustee; Frank Brasza, a former East Detroit
maintenance director; and vendors James Stonecipher, Joseph
Zajac and Douglas Packan.
Charges range from racketeering to money laundering.
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