CINCINNATI — A federal judge made an expansive ruling late Friday on exactly who can testify at the upcoming public corruption trial of former Cincinnati City Councilman P.G. Sittenfeld, and what evidence jurors will be allowed to see.
U.S. District Court Judge Douglas Cole ‘s 47-page order sets the parameters for the trial, which begins with jury selection on Tuesday.
Sittenfeld, who has maintained his innocence, was a rising political star and the front-runner to be the next mayor of Cincinnati before FBI agents arrested him for allegedly promising support and “official acts,” to help the development of Convention Place downtown in exchange for $40,000 in donations to his political action fund.
He faces six charges related to public corruption at trial, which is expected to last two weeks.
The judge will allow two key prosecution witnesses to testify: former Councilman Kevin Flynn,and former campaign strategist, J.K., who worked for Sittenfeld and is only identified in court filings by initials.
Sittenfeld’s attorneys had asked the judge to ban J.K.’s testimony, describing J.K., as a “disgruntled former employee,” who worked with him on campaign fundraising. J.K. signed a proffer agreement and cooperated with the FBI in its corruption probe at City Hall.
The judge ruled that J.K.’s testimony would show Sittenfeld’s intent and conduct, which is central to the case. He also ruled that Flynn, who served on City Council with Sittenfeld from 2013 to 2017, can testify about how the city works and the general process around real estate development deals.
“Understanding how the various parts of the city machinery mesh together strikes the court as valuable background information for understanding Sittenfeld’s conduct here. Did Sittenfeld undertake steps to promote a particular project that are atypical for Cincinnati City Council members?” Cole wrote in his order.
The judge will also allow several other city businesspeople who are only identified in court filings by their initials, to testify about the heavy-handed way they felt that Sittenfeld solicited campaign donations from them. Those who can testify are: R.S., J.B. and T.G.
But Cole excluded the testimony of others who prosecutors had wanted to testify about Sittenfeld’s fundraising tactics: Witnesses identified as D.S, C.G., C.C. and C.S., ruling that they would be cumulative to what other witnesses were already testifying to. The judge may change his mind if prosecutors show these witnesses would add new information to the trial.
Also absent from the trial will be any mention of past corruption scandals at City Hall or elsewhere. Prosecutors and defense attorneys have agreed, for the most part, not to mention the “culture of corruption,” that FBI agents said existed at City Hall; the arrests of former council members Tamaya Dennard and Jeff Pastor on unrelated public corruption charges in 2020; or the arrest of former Ohio House Speaker Larry Householder, who is awaiting trial on corruption charges.
Also, no mention of the ‘Gang of Five’ text message scandalwill come up at trial, in which five council members, including Sittenfeld, admitted violating the state’s Open Meeting Act.
But prosecutors can tell jurors about the $278 bottle of scotch and the $178 box of cigars that Sittenfeld accepted, but did not disclose on campaign finance ethics reports, from undercover agents who were posing as developers. Sittenfeld claimed the gift was not relevant and unfairly prejudicial, but the judge disagreed.
Prosecutors do not want jurors to hear about the dinner party that then U.S. Attorney Ben Glassman and his wife attended at Sittenfeld’s house in late November 2018, while the FBI was building a case against him. Sittenfeld also invited the undercover agents to the same dinner party, but they declined.
The judge ruled that Sittenfeld’s attorneys can tell jurors about the dinner party invitations, but not say whether Glassman and his wife actually attended.
Also excluded from trial: The statements that then U.S. Attorney David DeVillersand then FBI special agent in charge of the Cincinnati office Chris Hoffman made at a November 2020 press conference announcing Sittenfeld’s indictment.
Defense attorneys had asked to take jurors to see the project at the heart of the case: Convention Place Mallat 435 Elm Street, but the judge refused saying that photographs or video of the project are sufficient.
The judge has delayed ruling on whether or not Sittenfeld’s two expert witnesses can testify to jurors. It appears from the order that Cole wants to hear what Edward FitzGerald and Caleb Burns will say before he makes a final ruling.
WCPO's Paula Christian will be at the trial every day until it concludes. You can expect a round-up of each day's testimony on WCPO.com, our WCPO news app and on-air beginning at 5 p.m.
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