pawlowski trial francis dougherty testimony

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA . UNITED STATES OF AMERICA, . Case No. 17-cr-00390-JS . Plaintiff, . . Edward N. Cahn U.S. vs. . Courthouse & Federal Bldg. . 504 W. Hamilton Street EDWIN PAWLOWSKI and . Allentown, PA 18101 SCOTT ALLINSON, . . Defendants. . Tuesday, January 23, 2018 . . . . . . . . . . . . . . . . . 9:05 a.m. PARTIAL TRANSCRIPT OF JURY TRIAL DAY 3 - TESTIMONY ONLY BEFORE THE HONORABLE JUAN R. SANCHEZ UNITED STATES DISTRICT COURT JUDGE APPEARANCES: For the Plaintiff: United States Attorney's Office By: ANTHONY WZOREK, ESQ. MICHELLE MORGAN, ESQ. 615 Chestnut Street Philadelphia, PA 19106 (215) 861-8469 For Edwin Pawlowski: Law Office of Jack McMahon By: JOHN J. MCMAHON, JR., ESQ. 139 North Croskey Street Philadelphia, PA 19103 (215) 985-4443 For Scott Allinson: Cozen and O'Connor By: WILLIAM J. WINNING, ESQ. MEGAN SUSAN SCHEIB, ESQ. 1650 Market Street Philadelphia, PA 19103 (215) 665-5592 Audio Operator: Jennifer Fitzko, ESR TRANSCRIBED BY: Access Transcripts, LLC 10110 Youngwood Lane Fishers, IN 46038 (855) 873-2223 www.accesstranscripts.com Proceedings recorded by electronic sound recording, transcript produced by transcription service. Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 1 of 213 2 I N D E X 1/23/18 WITNESS FOR THE GOVERNMENT PAGE JONATHAN SAIDEL Cross-Examination by Mr. McMahon 3 Cross-Examination by Mr. Winning 24 Redirect Examination by Mr. Wzorek 24 FRANCIS DOUGHERTY Direct Examination by Mr. Wzorek 33 EXHIBITS ID. EVD. I 1 Email -- 50 I 2 Email -- 54 I 3 Request for Purchase Orders -- 57 I 4 Francis Dougherty guilty plea -- 47 I 5 Note from Notebook -- 182 I 6 Note from Notebook -- 183 I 7 Note from Notebook -- 155 I 8 Note from Notebook -- 156 I 11 Listing of Law Firms and Total Spent -- 52 I 12 Spreadsheet -- 55 C 2 Email -- 198 C 3 Email -- 199 C 4 Email -- 200 C 6 Email -- 194 C 7 Email -- 196 C 11 Email -- 197 SR 35 Audiotaped Conversation -- 61 SR 205 Dougherty/Koval/Ruchlewics Tape -- 103 SR 345 Pawlowski/Ruchlewics Tape -- 117 SR 345b Pawlowski/Ruchlewicz Tape -- 119 SR 347d Pawlowski/Ruchlewicz Tape -- 121 SR 354 Douglas/Ruchlewicz Tape -- 185 SR 360 Pawlowski/Ruchlewicz Tape -- 123 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 2 of 213 3 EXHIBITS ID. EVD. SR 386a Pawlowski/Rossi/Ruchlewicz Tape -- 61 SR 390 Pawlowski/Ruchlewicz/Fleck Tape -- 63 SR 391 Pawlowski/Ruchlewicz/Rossi Tape -- 140 SR 392 Hickey/Ruchlewicz Tape -- 130 SR 392a Hickey/Pawlowski/Rossi/Ruchlewicz Tape -- 136 SR 11173 Dougherty/Ruchlewicz Tape -- 157 SR 31003 Regan/Ruchlewicz Tape -- 107 SR 32664 Hickey/Ruchlewicz Tape -- 111 SR 35439 Dougherty/Ruchlewicz Tape -- 122 SR 37939 Hickey/Ruchlewicz Tape -- 126 MF 44 Pawlowski/Fleck Tape -- 128 MF 6165 Regan/Fleck Tape -- 95 MF 11671 Regan/Fleck Tape -- 142 MF 1979 Fleck/Dougherty Tape -- 170 MF 13297 Pawlowski/Fleck Tape -- 204 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 3 of 213 Saidel - Cross/McMahon 4 1 (Proceedings commence at 9:05 a.m.) 2 (Portion from 9:05 a.m. to 9:09 a.m. not transcribed) 3 JONATHAN SAIDEL, GOVERNMENT'S WITNESS, PREVIOUSLY SWORN 4 CROSS-EXAMINATION CONTINUED 5 BY MR. MCMAHON: 6 Q Good morning, Mr. Saidel. 7 A Good morning. 8 Q Mr. Saidel, when we left off last night, we were 9 referencing -- and I'm going to try and promise not to go over 10 what we went over yesterday because it's been done. So just to 11 refresh, we talked about -- you listened to a tape that I 12 played at the end of the day, which was a portion of that 13 conversation. The Government played a portion, which you 14 listened to on direct examination, that was more or less the 15 beginning of that meeting that you had. Fair to say? 16 A You know, as I mentioned before, I didn't remember the 17 second meeting, but -- 18 Q It's not a second meeting. It's the second -- it's -- the 19 second tape was a part of the same meeting. 20 A Yeah. And I knew that I had talked to Mayor Pawlowski 21 about the turnpike and about budgets, but I didn't think of it 22 as being part of that original meeting. 23 Q All right. Well, there was a -- you found out now, 24 subsequent to this all coming out, that that meeting was being 25 taped by Mr. Ruchlewicz. That's how we have these types is ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 4 of 213 Saidel - Cross/McMahon 5 1 because Mr. Ruchlewicz was, in fact, wired and recording that 2 entire meeting at your law office. You're aware of that, 3 right? 4 A Yes. 5 Q Okay. And we heard part one of you coming in and talking 6 about it yesterday. We heard part three that -- and when I say 7 part three, that's how they were broken up on disks and whatnot 8 for us. We heard part three of the interview yesterday, and 9 I'm going have, right now -- put on the middle part, which is 10 part of that meeting, also, and it is -- 11 (Portion from 9:10 a.m. to 9:13 a.m. not transcribed) 12 Q All right. What this is is a transcript of a -- 13 transcribed a portion of that same meeting on March the 12th, 14 2015, and this was the video and audio by Mr. Ruchlewicz. And 15 again, we heard the first part yesterday. We heard the last 16 part yesterday. This is what I would best call the middle 17 part. Now, I'm going to ask you to play it, and -- we're going 18 to play it, and I want you to just listen to it all the way 19 through, and you can use the transcript if needed, and then I 20 will ask you questions at the conclusion of that. Okay? 21 A Sure. 22 Q Okay. 23 MR. MCMAHON: Could you press that, please. 24 (Audio of March 12th meeting played from 9:13 to 9:40 a.m.) 25 Q You listened to that and had the transcript to assist you ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 5 of 213 Saidel - Cross/McMahon 6 1 with that. Is that correct? 2 A Yes. 3 Q Now, it -- and I think we can agree on this. This is the 4 -- we heard the first part, and this is the second part of that 5 same interview that was secretly recorded by Mr. Ruchlewicz, 6 correct? 7 A Well, I'll be honest with you, I don't remember. I mean, 8 a lot of the things that are stated in there are true that were 9 said to me, but I don't remember having this conversation, 10 though. 11 Q Okay. But you're not denying that -- 12 A No, I would never deny something I don't remember. I just 13 don't remember. 14 Q No, listen to my question, Mr. Saidel. It's a very simple 15 question. The person speaking there in that meeting with the 16 mayor and Sam Ruchlewicz is you, correct? 17 A Yes. 18 Q Okay. 19 A Absolutely me. 20 Q And it's at your office, correct? 21 A I would assume it was at my office, yes. 22 Q And it's the same day of March the 12th -- and maybe you 23 can agree on that, it's the same day of March the 12th and the 24 beginning one that was played by the Government yesterday, 25 which you seem to remember, but the one today is the second ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 6 of 213 Saidel - Cross/McMahon 7 1 part of that. 2 MR. WZOREK: We'll stipulate to that, Your Honor. 3 Q Okay. You heard they agree. 4 A Fine. 5 Q That's the second part of that meeting that we heard the 6 first part and the second part. Now, you would agree with me 7 after hearing that -- the second part of the meeting -- and 8 this is the part of the meeting that occurs after the 9 information was given to you that you told this jury yesterday 10 that you wanted to throw Ed Pawlowski out the window. Agreed? 11 A Yes. 12 Q Okay. So everything we heard here occurs after that 13 thought process in your head, according to you, correct? 14 A Yes. 15 Q Okay. And now, you heard the tape. You heard the lot of 16 laughing, joking, and whatnot throughout the course of that 20, 17 25 minutes, correct? 18 A Yes. 19 Q Okay. And you heard that you were going to try to assist 20 the mayor in getting a meeting with a person referred to as 21 "Brady," correct? 22 A Yes. 23 Q And Brady, just for people who don't know, is a United 24 States Congressman out of the City of Philadelphia, correct? 25 A Yes, he is. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 7 of 213 Saidel - Cross/McMahon 8 1 Q Okay. And you've known him a long time. 2 A Yes. 3 Q He's a friend of yours, correct? 4 A Yes. 5 Q Okay. And so -- and he's a -- you know, a powerful man in 6 Democratic politics and whatnot in the City of Philadelphia, 7 correct? 8 A Yes. 9 Q Okay. And so my client was speaking to you, since you 10 were a friend of his and you were from Philadelphia. He was 11 seeking an outcome in this conversation at that meeting -- 12 among other things, he was seeking out to -- a meeting with Bob 13 Brady, right? 14 A Yes. 15 Q And anybody running for a national -- or a state-run 16 office, that's a normal occurrence to see someone who's 17 powerful in Philadelphia and the Democratic party. 18 A Or anywhere in the Commonwealth, sure. 19 Q Yeah. And you told him -- and this is, again, after what 20 we heard yesterday from the Government. You told him, sir, 21 that you'll try to set that meeting up with Bob Brady, who was 22 your friend, correct? 23 A That's what the transcript says, yes. 24 Q Okay. And in addition, you tell him in there -- you ask 25 him a question, tell me what your plans are, because you wanted ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 8 of 213 Saidel - Cross/McMahon 9 1 to get a feel for what his goals were, what his ideas were, 2 correct? 3 A Yes. 4 Q Okay. And you also -- there's a point here where you talk 5 to Sam, and of course, when we talk about Sam, we talked about 6 your relationship with Sam yesterday. And -- but in here, on 7 page 8, you make an aside to Sam and you tell him that you've 8 got him a client, you've got him a client, and that's Alice 9 Dubow and that Alice Dubow, that he would -- Sam would be 10 getting a call from a Mr. Marks to assist Alice Dubow in her 11 political campaign, correct? 12 A Yeah, that never happened, but yes. 13 Q So -- it may never have happened, but you -- if we could 14 go to page 8 because you've got the transcript there. 15 A Well, it never happened, then -- 16 Q Just -- let me just -- 17 A I can only tell you that it didn't happen. 18 Q I didn't ask you if it happened, sir. I asked you this 19 question. I asked you, at that meeting, did you, in fact, tell 20 Sam Ruchlewicz that you were -- as it says here on page 8, "So 21 you can tell your friend he's going to get a call from Marty 22 Marks with Pittsburgh to hook up with Dubow," and Sam says 23 "Perfect. You like Alice Beck Dubow?" You say, "She has 24 money." So you were -- whether it happened or didn't happen, 25 you were trying to assist Sam, your friend, in getting a ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 9 of 213 Saidel - Cross/McMahon 10 1 contract, if it happened or didn't happen, but you were trying 2 to assist Sam in potentially getting a job, which is perfectly 3 legitimate, to work on a campaign for Alice Dubow for county 4 court judge, right? 5 A That's what it says, yes. 6 Q Yes. And you then, as we see from the transcript, 7 actually -- we talked a little bit about it yesterday, and I 8 don't have that transcript with this -- Ally Phillips 9 (phonetic) -- you asked about this class-action work, and you 10 actually -- we can see from the tape that she's brought in 11 there and has a brief conversation with the mayor, correct? 12 A Yes. 13 Q And, in fact, if we could go to page 12 -- and in this 14 situation where Ms. Phillips says -- is it Phillips? I don't 15 recall. Is it Phillips? 16 A Yes. 17 Q Okay. Ms. Phillips says, "That would be great," and the 18 mayor says, "With my new solicitor, and you have to sit down 19 and we'll walk it through. That's how we do it." Do you see 20 that? That's what he's telling her about this legal business 21 regarding this class action. That's what he said to her, 22 correct? 23 A Yes. 24 Q Okay. And she asked, "Is that who we should probably talk 25 to?" And my client says to her, about this legal work, "Yeah, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 10 of 213 Saidel - Cross/McMahon 11 1 it's Susan Wild is her name. She just came on board one month 2 ago." So he was referring her to set up some sort of meeting 3 with Susan Wild to discuss this potential legal issue, correct? 4 A The pension plan, yes. 5 Q Right. And so it was a legal issue, so he referred your 6 associate in that law firm to Susan Wild, the city solicitor, 7 correct? 8 A About the class action, yes. 9 Q Now, we see from the course of this tape that you just 10 listened to that there was a lot of political discussion about 11 strengths, weaknesses, people that are in the system and 12 whatnot between you and the mayor, correct? 13 A Yes. 14 Q Nothing -- normal political, strategic type of talk, 15 correct? 16 A Yes. 17 Q Okay. And, in fact, we heard yesterday from the 18 Government's tape, in the very first line of it, you indicate 19 to Mr. Pawlowski, you say, "I know you came here for political 20 discussion, but before we do that" -- that's when the whole 21 Stevens & Lee thing came up, correct? 22 A That's correct. 23 Q Okay. So he said he wanted -- it's clear from your words 24 that he wanted to come there for political -- and we see that 25 there was a substantial amount of political discussion there, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 11 of 213 Saidel - Cross/McMahon 12 1 which the meeting was about, correct? 2 A Well, yeah, according to this tape, yes. 3 Q According to the tape? That's -- 4 A I don't remember having the conversation, so -- 5 Q Okay. But before you just -- 6 A I'm assuming that since it was stipulated, that it 7 happened that day, yes. 8 Q Okay. Now, if we look to page 23 -- and on page 23, 9 middle of the page -- and you guys are, you know, just talking, 10 you know, just regular guy talk about Harry Reid or whatever, 11 you say, "Terrible. But I think -- all right, good, good. I 12 mean, I -- look, with the DNC," you go, "we can make sure that 13 you're focused and that people" -- and that's what you're 14 saying to Ed Pawlowski at that time, correct? 15 A Yes. 16 Q And so you were telling -- when you used the word "we," 17 you were including yourself, obviously, correct? 18 A I would suppose so, yes. 19 Q Okay. And you were giving him advice that "we can make 20 sure," in relationship to the DNC, "that we," meaning yourself 21 and others, "could keep the mayor focused," correct? That's 22 what it says. 23 A That's what it says, yes. 24 Q Okay. And if we could turn to page 24, and this is the 25 portion where you guys joke a little bit about the Polish ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 12 of 213 Saidel - Cross/McMahon 13 1 connection, that you had a -- currently had a good Polish 2 connection in the City of Philadelphia, and there's some joking 3 about that, normal talk. And then he talked about a politician 4 that was (indiscernible). 5 MR. WZOREK: So is there a question coming or -- 6 MR. MCMAHON: Yes. I'm just getting -- 7 THE COURT: Objection sustained. Just ask questions, 8 not read the transcript all over again. 9 MR. MCMAHON: Just trying to give context, Your 10 Honor. I apologize. 11 Q Let's go to page -- let's go to -- 12 THE COURT: Just ask questions, simple, 13 straightforward questions, and we'll get through this sooner 14 rather than later. 15 Q Mr. Saidel, I'm looking at line 13. Did you, in fact, say 16 to the mayor in this situation, line 13 and 14, "Yeah, well, 17 look, I'm for you"? 18 A That's what it -- 19 Q You told him that, right? 20 A That what it says, yes. 21 Q Okay. So you told him that, right? 22 A Well, that's what it says, yes. I told you I don't 23 remember having the conversation. 24 Q Okay. 25 A I was more worried about losing business than I was him ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 13 of 213 Saidel - Cross/McMahon 14 1 running for the United States Senate. 2 Q Oh, okay. So after you told him that "I'm for you," you 3 then, further down on that page, line 21, you said to him, "I 4 think you have a story now, Tom, that you use the people 5 downtown and that you helped talk to other people in other 6 parts of the states right then." And do you remember saying 7 that to him, that he had a good story to tell? 8 A I remember saying that to him before. 9 Q Okay. And then let's go to page -- 10 A Because I actually believe that the City of Allentown has 11 done well, and I think there's a variety of people that help 12 create a better city, and I think that being mayor is part of 13 it. 14 Q And that's what you said to him. 15 A Well, I do believe it. 16 Q Okay. And then, on page 25, you again reiterate on line 17 13 into 14 that, in fact, you said directly to him, "So I think 18 you've got a good story to tell," and I guess your answer would 19 be basically the same for that, correct? 20 A Yeah, yeah. 21 Q Okay. Now, you also -- you talk a little bit about 22 setting up the meeting with Brady, so I won't go into that, but 23 let's turn to page 32 and 33. Okay. It's the bottom of 32. 24 And this is when you guys were joking about McCour (phonetic), 25 and Saidel says -- you say, "Yeah, but you" -- and you were ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 14 of 213 Saidel - Cross/McMahon 15 1 directing this to Mr. Pawlowski. "But you can certainly tell 2 anyone that you think it will help you with -- that I'm for 3 you." Right? That's what you told him. I think it's great. 4 Put me on board, right? 5 A That's what it says, yes. 6 Q That's the same guy that you told you were going to throw 7 against the wall, you told this jury yesterday, right? Same 8 guy, right? 9 A I would have thrown him against the wall and reminded him 10 what the responsibilities are of being a candidate. 11 Q Listen to my question. 12 MR. WZOREK: (Indiscernible). 13 THE COURT: Excuse me. Speak to the Court. You have 14 an objection, state your ground. 15 MR. WZOREK: (Indiscernible). 16 THE COURT: Sustained. Rephrase your question. Stop 17 arguing. 18 MR. MCMAHON: Okay. We'll move on from that. 19 Q Now, so after this tape recording of the meeting of the 20 12th, this didn't end your contact with Mayor Pawlowski, did 21 it? 22 A No. 23 Q Okay. In fact, sir, you continued to have contact with 24 him. At least one of the methods, and I don't know if it's all 25 of them, but one of the methods was by way of email, correct? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 15 of 213 Saidel - Cross/McMahon 16 1 A I would assume so. Am I done with this? 2 Q Yes, sir. If I can -- 3 MR. MCMAHON: May I approach, Your Honor? 4 THE COURT: You may. 5 THE WITNESS: Thank you. Thank you. 6 Q Now, after this incident when you had this meeting, you 7 continued to have some contact, and one of the ones I'm going 8 to talk to you about is -- and I'm not saying exclusively, but 9 you did have an email correspondence back and forth with the 10 mayor post this interview that you talked about with the 11 Government yesterday, correct? 12 A I don't know what email you're talking about. 13 Q All right. Well, we'll get to that. We'll -- and -- 14 A If you tell me what was in the email, maybe I can respond. 15 Q Yeah, I'm going to -- I was just saying that you had an 16 email. If you don't recall it, then I can show them to you. 17 But in March of 2015, in reading these emails, you had someone 18 close to you or whatever passed away, and you were looking for 19 an estate lawyer for a good friend. Is that correct? 20 A I had a dear friend who lived in Allentown who passed away 21 from cancer, yes. 22 Q Right. And as a result of that, you were attempting to 23 assist that family in some way to get through their particular 24 problem. 25 A Yeah, the mayor helped me. I asked the mayor for help, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 16 of 213 Saidel - Cross/McMahon 17 1 yeah. 2 Q And, in fact, what you did is you sent an email to the 3 mayor indicating just that, that you had this dear friend who 4 died of cancer and they had an estate and that -- could he 5 recommend somebody, since it was in Allentown, that may be able 6 to help, right? 7 A Yes, that's correct. 8 Q Okay. And, in fact, he referred it to Susan Wild, and I 9 think you did get some sort of contact from somebody regarding 10 a lawyer. Is that correct? 11 A Yes. 12 Q Okay. And that came through the solicitor, Susan Wild? 13 A Well, that's who he recommended, yes. 14 Q Okay. And so after this meeting, you reached out to him. 15 You had this conversation back and forth. He helped you, and 16 you thanked him, and normal course of business, correct? 17 A Yes. 18 Q Okay. 19 A She died a horrible death, and he was very -- the mayor 20 was gracious in helping me find an attorney. 21 Q And at the end of that, after the back and forth of 22 thanking each other, do you remember him going right back to 23 the political thing? And let me show you an email where he 24 said, you're welcome, but get me a meeting with Brady. 25 A I remember saying to him something to the effect of thank ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 17 of 213 Saidel - Cross/McMahon 18 1 you from the bottom of my heart. I mean -- 2 Q Okay. 3 A -- she had died a terrible way to go and had children, 4 and -- 5 Q And -- 6 A -- his response was, get me a meeting with Brady, yeah. 7 Q After he did what he -- 8 A Yes, he did. 9 Q Okay. And when you indicated you would, he thanked you, 10 by the way, get -- about trying to get him a meeting with 11 Brady. 12 A Yes. 13 Q All right. And then, I want to show you one particular 14 email. And since you've recollected those emails, there's no 15 need to show all of them at this time. On April the 1st -- 16 (Portion from 9:56 a.m. to 9:58 a.m. not transcribed) 17 Q Now, and look at the top there. Do you see it on there, 18 dated April 1st, 2015. 19 A Yes. 20 Q Okay. That's from you to the mayor, right? 21 A Yes. 22 Q Okay. And again, this is -- now that we have context, 23 when you say, "Please have your solicitor call Alexandra about 24 the pension fund," correct? 25 A That's what they had discussed before, yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 18 of 213 Saidel - Cross/McMahon 19 1 Q Right. And then, you put, "See, I can ask. Hah. See you 2 soon, Senator," correct? 3 A Yeah. 4 Q And that's what you were referring to in a, you know, 5 joking way, but that you were somewhat supporting him, correct? 6 A Listen, I'll say anything I have to do to try to not 7 jeopardize any of this work. 8 Q Okay. 9 A Whether he became a senator or not -- 10 Q Okay. 11 A -- would not have been known at that time. 12 Q Well, this is a email that you sent to him -- 13 A Yes, it is. 14 Q -- and it says what it says, right? 15 A Yes. 16 Q Okay. Now, and you -- if we can show an email on April 17 the 7th, 2015 at 8:38 p.m., and it's in the packet. 18 MR. MCMAHON: And you can put it up on the screen. 19 Q Okay. Do you see that there? 20 A Yes. 21 Q All right. And that's an email that, in looking at the 22 chain there, it was from Jonathan Saidel to Sam Ruchlewicz at 23 Hamilton Development, and you can see from the chain there that 24 Sam forwarded it to the mayor, correct? 25 A Yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 19 of 213 Saidel - Cross/McMahon 20 1 Q And this is April the 7th. Again, this is about less than 2 a month after this meeting of March the 12th that we've gone 3 over. And you -- it's regarding subject: Marc Levy, Associated 4 Press. Who's Marc Levy, Associated Press? 5 A I do remember getting -- I was walking down Broad Street 6 in Philadelphia, and I got a call from Associated Press, and 7 they asked me about the senate race. 8 Q Okay. And apparently, you said something to that 9 individual, Marc Levy, Associated Press, and you told him, I 10 said, great, think about the mayor, correct? 11 A I think -- they didn't have him listed, and I added him 12 in. 13 Q Okay. So you affirmative -- 14 A If I remember correctly. 15 Q You affirmatively told Marc Levy to think about the mayor, 16 correct, in that discussion? 17 A Yeah, in the -- 18 Q Okay. And then -- 19 A -- discussion about the upcoming race. 20 Q And after doing that, you felt it important to give that 21 information to Sam Ruchlewicz, who worked for the mayor, right? 22 A If I had mentioned any other name, I would have given it 23 to their political people, yes. I thought it was important in 24 case someone called them and they weren't blind-sided. 25 Q My question to you, you got -- you were on Broad Street in ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 20 of 213 Saidel - Cross/McMahon 21 1 Philadelphia. 2 A Right. 3 Q A guy asked you some questions about the senate race. You 4 gave him some information, and after giving that information, 5 you forwarded it to Sam Ruchlewicz, correct? 6 MR. WZOREK: Objection. Asked and answered. 7 THE COURT: Sustained. 8 Q Okay. And you -- and this email, if we can go to the 9 4/17/15 -- okay. And this is -- if you're looking at the top 10 at 6:43, there's an email from Pawlowski to you on that saying 11 -- indicating, yes, thanks, greatly appreciated, correct? 12 A That's what it says, yes. 13 Q Okay. And then, there's that evening, Friday, at -- 14 earlier in that day. Wait a minute, I've got the time 15 different. April 17th at 8:06, there's an email from Jonathan 16 Saidel to Sam Ruchlewicz and the mayor, that you sent to them 17 and volunteered to them about good stuff in the Inquirer, 18 correct? 19 A That's what it says, yes. 20 Q And that's as a result of the AP Levy stuff, right? 21 A I don't know. I can only tell you that they asked me who 22 was running and asked me what I thought, and I wanted to make 23 sure that every candidate that was thinking about it was in the 24 article. I didn't know it was going to be in the Inquirer. 25 Q Well, but after it was -- you sent it to them, you sent it ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 21 of 213 Saidel - Cross/McMahon 22 1 to the mayor, right? 2 A Well, I sent -- if I'm not mistaken, I sent the Marc Levy 3 and Associated Press -- 4 Q Right. 5 A -- to Ruchlewicz. 6 Q Right. And then that's -- that was on the 7th. This is 7 ten days later. You sent him something about an article in the 8 Inquirer because you say, good stuff in the Inquirer, right? 9 A Well, I would assume there was something good in the 10 Inquirer then. 11 Q And you sent it to them, right? They're in Allentown. 12 You sent it to them, right? 13 A Well, yeah, because they probably don't get the Inquirer. 14 Q And the mayor then responded later that day to you, yes, 15 thanks, greatly appreciated, correct? 16 A That's what it says, yes. 17 Q And then after this there -- in April 24th and whatnot, 18 after that there was a series of emails in which you continued 19 to reach out to the mayor and -- regarding getting Susan Wild 20 to contact Ms. Phillips regarding that work. Do you remember 21 that? 22 A A particular case, yes. 23 Q Yes. And you went back and forth with the mayor regarding 24 that particular situation, correct? 25 A That's what it says. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 22 of 213 Saidel - Cross/McMahon 23 1 Q And you did, in fact, to Susan Wild, sent to Susan Wild a 2 prospectus or brochure-type thing by way of an email to her 3 about your law firm, correct? 4 A That, I don't remember. 5 Q Okay. 6 A But I'm sure I sent something to her. 7 Q Well, can we look at April 28, 4:57 in the afternoon. 8 Okay. Very good. Jonathan Saidel to Susan Wild regarding -- 9 A Yes. She had asked for information about the law firm. 10 Q Right. And that -- and Susan Wild was the person that you 11 knew was the solicitor and the one that gave out business. You 12 sent it to her, right? 13 A I sent it to her because that was the direction that Mayor 14 Pawlowski gave me. 15 Q Exactly. He told you that that's -- 16 A Yes. 17 Q As you saw from the tapes and whatnot, that's the person 18 he said to contact about legal work, and you sent it to her, 19 right? 20 A Yes. About the class action, yes. 21 Q Okay. Now, I just want to go over a couple other things, 22 and that is -- I talked about briefly, and I reviewed some 23 notes last night, about the first meeting at the union league 24 when the FBI. And if you don't remember, you don't remember. 25 Do you remember them giving you a summary of transcripts of you ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 23 of 213 Saidel - Cross/McMahon 24 1 on tape -- 2 A No. 3 MR. WZOREK: Judge, I believe we've gone over this. 4 THE COURT: I agree. I agree. Let's move on. 5 Sustained. Let's move on. Let's not cover things that we've 6 covered for the last day and a half. 7 MR. WINNING: I understand, that Your Honor, but I 8 read some things last night that are different and I don't want 9 to (indiscernible). 10 THE COURT: Sustained. The objection is sustained. 11 Let's move on. 12 Q And is there any time, any time post the March the 12th 13 meeting, that you emailed Cohen -- the law firm, Cohen, or the 14 law firm, Stevens & Lee, to alert them about any potential or 15 possibility of problems in dealing with Mayor Pawlowski? Did 16 you ever send them emails to that effect? 17 A Well, I wouldn't have emailed the Cohen firm because I was 18 there, and I didn't -- 19 Q All right. Well, did you tell anybody, powers that be? 20 A No. 21 Q Did you send any emails to Stevens & Lee? 22 A Not that I know of, no. 23 Q Okay. 24 MR. MCMAHON: Judge, I have no other questions. 25 THE COURT: Mr. Winning, do you have any questions? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 24 of 213 Saidel - Cross/Winning 25 1 MR. WINNING: I have two questions. 2 CROSS-EXAMINATION 3 BY MR. WINNING: 4 Q (Indiscernible). I represent Scott Allinson. 5 A I'm sorry, I couldn't hear you. 6 Q Sure. I represent Scott Allinson. Am I correct in 7 saying, sir, that you don't even know Scott Allinson? 8 A No, I don't. 9 Q And is it also fair to say that Scott Allinson had no 10 involvement in any way with any of the subject matter of your 11 testimony yesterday and today? 12 A He had no involvement at all, no. 13 MR. WINNING: (Indiscernible). 14 THE COURT: Thank you. Any redirect? 15 MR. WZOREK: Yes, Your Honor. 16 REDIRECT EXAMINATION 17 BY MR. WZOREK: 18 Q Mr. Saidel, Mr. McMahon, yesterday and today, played you 19 20 minutes' worth of testimony talking about politics that we 20 just went through. Is that correct? 21 A Yeah. 22 Q And was that the goal of your meeting with Mayor Pawlowski 23 when you went to the -- or when he came to your office on March 24 12th, 2015? 25 A He -- as I had stated before, I've allowed any candidate ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 25 of 213 Saidel - Redirect/Wzorek 26 1 that asked me -- whether I supported them or not, if they 2 wanted to use the office, my office -- Cohen, Placitella & Roth 3 was very gracious in allowing anyone to use an office and use 4 the phone, so it was political in nature. 5 Q And what was your goal from the point of view of Stevens & 6 Lee? 7 A My goal was to hand him the brochures and to tell him that 8 I'm of counsel to Stevens & Lee in conjunction with Cohen, 9 Placitella & Roth and just to talk about some business. 10 Q Okay. Business with Stevens & Lee? 11 A Yes, before he went from being mayor to being a political 12 adversary. 13 Q And you've been in politics all your life? 14 A Seems that way. 15 Q You like to talk about politics and elections. 16 A Yeah. It's one of the things I do. 17 Q You have an ax to grind with the mayor? 18 A No. 19 Q What was your problem with the mayor? 20 MR. MCMAHON: Objection, Your Honor. 21 THE COURT: State your ground, please. 22 MR. MCMAHON: (Indiscernible.) 23 THE COURT: Where are we going with this? 24 MR. MCMAHON: Well, we've gone through an hour, 25 Judge, of -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 26 of 213 Saidel - Redirect/Wzorek 27 1 THE COURT: All right. Well, we're not going to do 2 that. I'll sustain this. Do you have another question? 3 MR. WZOREK: Yes, Your Honor. 4 Q Mr. McMahon asked you a number of questions about that 5 meeting on the 15th of March -- excuse me, the 12th of March, 6 2015. 7 MR. WZOREK: And this is (indiscernible) of this 8 transcript SR 347 (indiscernible) 9 THE COURT: SR 347. Okay. 10 Q Can you see that on the screen? 11 A Yes, I can. 12 MR. WZOREK: Is that published for the jury, as well, 13 Your Honor? 14 THE COURT: It has been admitted previously, so you 15 can publish it. 16 Q Mr. Saidel, I want to first call your attention to the 17 line, "I've also asked him many times, you know, to help out in 18 other ways." 19 MR. MCMAHON: I object. This was gone over 20 yesterday. We played the whole tape, we asked questions on it, 21 and again (indiscernible). 22 THE COURT: Very well. Overruled. He haven't asked 23 the question yet. Overruled. 24 MR. MCMAHON: That's fine, Your Honor. 25 Q This is after Mr. Pawlowski told you he's given millions ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 27 of 213 Saidel - Redirect/Wzorek 28 1 of dollars of work in the past to Stevens & Lee. Is that 2 correct? 3 A Yes. 4 Q And indicates, "I've also asked them many times, you know, 5 to help in other ways, then they turn around and give me a 6 hundred bucks." Do you remember that question and that answer, 7 sir? 8 A Yes. 9 Q And was Mr. Pawlowski happy when he said that to you? 10 A I -- he certainly wasn't happy. He was very upset. 11 Q And further on, "I understand you guys are Republicans, 12 you know, like when I asked you for city council candidates and 13 stuff and you turn around and give me a hundred bucks, it kind 14 of pisses me off." I assume that that phrase tells you again 15 he was not happy when he said that. Is that correct? 16 A He wasn't, and I didn't know Stevens & Lee were 17 Republicans, not that it would matter for the work I was doing. 18 Q And your answer was, "I think -- I can only tell you -- 19 you think about that, and I'm sure they want to be helpful in 20 Allentown, okay?" And his response to that, sir, "I don't have 21 a problem with the guy they have." Is that referring to 22 someone working at Stevens & Lee as far as you knew? 23 A Yeah, I'd assume so. 24 Q So he's talking about work from Stevens & Lee. Is that 25 correct? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 28 of 213 Saidel - Redirect/Wzorek 29 1 A Yes. 2 Q "I don't really have a problem with that guy." Is that 3 correct? 4 A Yes. 5 Q On the second page, Mr. Pawlowski says, "I'm willing to 6 reconsider." Do you see that, sir? 7 A Yes, sir. 8 Q And then -- 9 MR. MCMAHON: Judge, again I must object. This has 10 been gone over already. This is going through the same things 11 that we did yesterday. 12 THE COURT: Very well. You brought it out on cross. 13 I'll permit him to redirect. 14 MR. MCMAHON: I didn't reference that statement at 15 all. 16 THE COURT: Very well. Your objection is overruled. 17 MR. MCMAHON: I actually -- 18 THE COURT: Overruled. You may continued. 19 Q He says that twice. "I'm willing to reconsider. I'm 20 willing to reconsider." What was he reconsidering, sir? 21 MR. MCMAHON: Objection. 22 THE COURT: Overruled. 23 MR. MCMAHON: He can't testify to what his state of 24 mind is. 25 THE COURT: Overruled. I'll permit it. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 29 of 213 Saidel - Redirect/Wzorek 30 1 Q What was he reconsidering, sir? 2 A I had assumed he was reconsidering not giving them any 3 work. 4 MR. MCMAHON: Objection, Your Honor. He can't assume 5 anything like that. You can't have (indiscernible). 6 THE COURT: The objection is sustained. The response 7 is stricken; the jurors to disregard it. 8 Q In your mind, sir, what did you think he meant? 9 MR. MCMAHON: Objection. 10 THE COURT: Sustained. Sustained. 11 Q Well, let me ask you further on down, it says "Stevens & 12 Lee got a got a lot better," is what Mr. Ruchlewicz says. Then 13 Mr. Pawlowski says, "You get the credit for it." What is the 14 "it" he's talking about, sir? 15 A The work. 16 Q Mr. Pawlowski says, "Okay. All right." So now we have a 17 million dollars. We have talk about him getting hundred dollar 18 fees. We have you saying that Stevens & Lee might be better, 19 you said, so reconsider, and he's talking about work all in the 20 same conversation. Correct, sir? 21 MR. MCMAHON: Objection. That's argumentative and 22 it's not a question. 23 THE COURT: Overruled. I'll permit it. 24 Q Is that correct, sir? 25 A Yes, sir, it is. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 30 of 213 Saidel - Redirect/Wzorek 31 1 Q The very end of that meeting, you indicate, you'll take 2 care of the Stevens & Lee thing for me, let me know. 3 Mr. Pawlowski's response, "Yeah, listen, I even like the guy, 4 so that's not a big lift." Are you talking about work there 5 again, sir? 6 A Yes. 7 Q And at the very end, Mr. Pawlowski himself, "Yeah, I 8 probably shouldn't have said that about the (indiscernible) 9 partner." You weren't -- you didn't hear that part, did you? 10 A No. 11 Q You don't have any idea why, at least, that he would say 12 that, do you? 13 A No. 14 Q Okay. Mr. McMahon asked you a number of times about who 15 gives out work in the City of Allentown. Remember those 16 questions? You said it was the solicitor, Mr. Pawlowski said 17 that. 18 A Yes. 19 Q Do you know who appoints the solicitor in Allentown? 20 A The mayor. It's a cabinet position. 21 Q And Mr. McMahon asked you about this class-action work 22 that you were trying to get through (indiscernible). Is that 23 right (indiscernible)? 24 A Yes, it was. 25 Q Okay. And when you asked for that money, did you say to ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 31 of 213 Saidel - Redirect/Wzorek 32 1 the mayor, we'll give you a contribution for that work? 2 A No. It's actually -- the class action is a free service. 3 It's monitoring, and then if a case comes up based on their 4 pension, then we present it and it's up to the Government to 5 decide -- the pension board to decide whether or not they 6 accept the work and wanted to represent them. 7 Q On March 27th, 2015, you heard a conversation, I believe, 8 early about a phone call that came to you from Mr. Ruchlewicz 9 about a small contribution that was made for Stevens & Lee. Is 10 that correct? 11 A Yes, sir. 12 Q In this conversation, Mr. Ruchlewicz says, "Yeah, I gave a 13 $25 check." Ed Pawlowski says, "You should let that -- 14 Jonathan Saidel know." Is that correct? 15 A That's what it says, yes. 16 Q And that's when you got the call almost immediately 17 thereafter. Is that correct? 18 A Yes. 19 Q Mr. McMahon played a rather lengthy conversation this 20 morning. 21 MR. WZOREK: And if I may approach the witness, Your 22 Honor, I think he has a copy of the transcript. 23 THE COURT: You may. 24 Q And I understand, sir, you said you don't really remember 25 much of this. Is that right? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 32 of 213 Saidel - Redirect/Wzorek 33 1 A No. 2 Q But the words -- you're acknowledging that's your voice. 3 Is that right? 4 A Yes. 5 THE COURT: You have the transcript. 6 MR. WZOREK: I have it. I just (indiscernible) 7 THE COURT: Okay. Thanks. 8 Q On page 14, Mr. Pawlowski's saying to you, "I think it's 9 only going to cost a couple million in the primary. It's going 10 to cost a hell of a lot in the general." Did he say that to 11 you, sir? 12 A That's what it says. 13 Q And then, later on, "So all I've got to do is get through 14 the primary." Is that what it says there, as well? 15 A That's what it says, yes. 16 Q That's his voice. Is that right? 17 A Yes. 18 Q And lastly, really lastly, on page 19, did Mr. Pawlowski 19 say, "You know, I met with Jack Rosen, and he's ready to raise 20 me money"? Did you hear that, sir, as well? 21 A Yes. 22 MR. MCMAHON: No more cross at this time. 23 THE COURT: Okay. Thank you for your testimony. You 24 can step down. 25 THE WITNESS: Thank you, Your Honor. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 33 of 213 Dougherty - Direct/Wzorek 34 1 THE COURT: Call your next witness. 2 MR. WZOREK: Frances Dougherty, Your Honor. 3 (Portion from 10:17 a.m. to 10:18 a.m. not transcribed) 4 FRANCIS X. DOUGHERTY, GOVERNMENT'S WITNESS, SWORN 5 DIRECT EXAMINATION 6 BY MR. WZOREK: 7 Q Good morning. 8 A Good morning, sir. 9 Q Tell the ladies and gentlemen a little bit about your 10 education background, Mr. Dougherty. Get that microphone close 11 to you. Get up as close as you can. 12 A Well, I have a loud voice, so I don't think that's going 13 to be an issue. Education background: My undergraduate degree 14 from Penn State in political science; a master's degree also 15 from Penn State in policy analysis. 16 Q And what does that mean, "policy analysis"? 17 A Policy analysis was a master's of science degree, 18 basically evaluation science, how to analyze and evaluate 19 policies and programs. 20 Q And give us a little bit of your job history, sir. 21 A Of what? 22 Q Your job history. 23 A Oh, job history. Upon graduate school, I worked for 24 Governor Ridge in the Department of Community Economic 25 Development as a policy analyst, mostly working on economic ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 34 of 213 Dougherty - Direct/Wzorek 35 1 development international trade issues. After that stint, I 2 was an assistant managing director for the City of 3 Philadelphia, where I basically ran operations, snow removal, 4 potholes, streets, and transportation chiefly. After that, I 5 spent a year in private consulting, and after that, became the 6 director of economic development for the City of Allentown for 7 one month. And upon that, made -- I was made managing director 8 in Allentown after that one month, stayed there for 28 -- 9 approximately 28 months, left there to become the deputy chief 10 business officer for operations at the Philadelphia School 11 District. And then after that, back to the City of Allentown 12 as managing director. 13 Q You said that you were the director of community economic 14 development for a while, is that correct, for about one month? 15 A For approximately one month for the City of Allentown. 16 Q Is that an appointed position? 17 A That is an appointed position, yes. 18 Q Who appointed you to that position? 19 A Mayor Ed Pawlowski. 20 Q Do you see Mayor Pawlowski present in the courtroom this 21 afternoon? 22 A I do. 23 Q Point him out to the jury, please. 24 MR. WZOREK: (Indiscernible) for the record. 25 THE COURT: So noted. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 35 of 213 Dougherty - Direct/Wzorek 36 1 Q And you said you only had that position one month and 2 became managing director. How did that happen? 3 A The mayor had appointed a gentleman from Redding, 4 Pennsylvania as the managing director, and that didn't quite 5 work out. And so the mayor was forced into a position of 6 jettisoning that individual and thereby opening up the position 7 of managing director, in which he then appointed me. 8 Q And is it fair to say it's the mayor's first term as mayor 9 of Allentown? 10 A This is the mayor's first term back in 2006, yes. 11 Q And when you went to the school district, what did you do 12 there? 13 A For the school district of Philadelphia, I was basically 14 the chief operating officer. I ran operations, making sure 15 that the schools were up and had heat, were functioning, that 16 there was a nice classroom for students to go in, technology 17 worked. 18 Q Okay. So big job. Is that fair to say? 19 A It wasn't an easy or small job, yes. 20 Q How did that end? 21 A It did not end very well. That ended on a note where the 22 then superintendent issued a no-bid, $7 million lighting 23 contract to a preferred vendor and placing me in a position of 24 becoming a whistleblower for -- becoming a whistleblower and 25 making that known to the public. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 36 of 213 Dougherty - Direct/Wzorek 37 1 Q What does that mean, become a whistleblower? 2 A That means to expose the internal workings and -- of the 3 school district in terms of what happened in this specific 4 case. 5 Q What happened to you as a result? 6 A I was terminated. 7 Q Okay. Did you bring a action in court as a result of 8 that? 9 A I did. I brought a civil suit of violating my First 10 Amendment rights to speak to the court. 11 Q And you eventually won that, correct? 12 A Yes. After a prolonged and protracted fight, I eventually 13 won. 14 Q How long protracted? 15 A Years. 16 Q In the meantime, when you left that position, where did 17 you go at that point? 18 A That position -- after I was terminated, I was unemployed 19 for approximately a year or so. And I was hired again in 20 February '12 by Mayor Pawlowski to once again become managing 21 director. 22 Q So we may have lost it in all the questions I've asked 23 you, but approximately how many years did you serve as managing 24 director, considering both periods of time? 25 A Both periods of time? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 37 of 213 Dougherty - Direct/Wzorek 38 1 Q Yeah. 2 A Well, the first period was about 28 months, and the second 3 period was from February '12 to May of 2016. So a little bit 4 less than four years. 5 Q Now, you already mentioned that you had been appointed by 6 Mayor Pawlowski. How was it that you got to know him? 7 A I got to know Mayor Pawlowski because Mayor Pawlowski, as 8 the newly-elected mayor of Allentown back in 2006, had engaged 9 with a consulting firm whom I was working for at the time by 10 the name of Goldsmith Kahn Associates. The mayor then became a 11 client of ours. The task that we had before us from the new 12 mayor-elect was try to help him reorganize government, what can 13 be improved, especially in budgeting and management of the 14 City. 15 Q And did Goldsmith Kahn make recommendations to the mayor? 16 A Goldsmith Kahn had finished a report to the mayor, 17 basically articulating, or proposing, rather, changes that the 18 mayor should make during his first term. Much of it included 19 budgetary changes to how the budget is organized and considered 20 by city council, and the other was to create the position of a 21 managing director or chief administrative officer, chief 22 operations officer. 23 Q You didn't know that that was going to be your position 24 somewhere down the line. Is that right? 25 A I did not know. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 38 of 213 Dougherty - Direct/Wzorek 39 1 Q Tell the ladies and gentlemen of the jury what the 2 managing director in Allentown does. 3 A The managing director basically serves as the chief 4 operations officer. So that position, he or she would be 5 responsible for all the operating departments reporting to him 6 or her, streets, parks, public works, basically responsible for 7 the day-to-day management of the life of a city, making sure 8 that the potholes are filled, making sure the streetlights are 9 working, making sure that the snow is plowed and the streets 10 are treated. 11 Q And can I assume from your description that, you know, 12 that job is one where you work closely with the mayor? 13 A Intimately. 14 Q Tell us just about the layoff of the offices over -- down 15 in City Hall. Where are you located with the mayor? 16 A The office of the managing director is within the same 17 suite of offices as the mayor's office, which is on the fifth 18 floor of City Hall. 19 Q Did that job, your job as managing director, change as Mr. 20 Pawlowski ran, first of all, for governor and then for the U.S. 21 Senate? 22 A Did my job change? 23 Q Did it change the hours, the responsibilities, that kind 24 of thing? 25 A In a number of ways, yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 39 of 213 Dougherty - Direct/Wzorek 40 1 Q Tell us about that. 2 A And this is just to clarify for me and the jury. We're 3 just talking about the run for governor versus the run for 4 senate? 5 Q Well, let's say the run for senate. 6 A The run for senate. It -- I think, succinctly, I can say 7 that, you know, I was hired to, quote, "mind the store" when he 8 was campaigning the first time for governor, and that's 9 M-I-N-D. The job changed when he ran for senate to M-I-N-E, to 10 mine the store, to help his political ambitions. That's the 11 fundamental change. 12 Q Did the mayor's -- was the mayor's schedule different, as 13 well, during the run for the senate? 14 A It was dramatically different for -- 15 Q How? 16 A The mayor was -- spent a lot less time in the office as 17 his duties, as he saw it, to raise money, to get endorsements 18 throughout the Commonwealth, took him out of the office most of 19 the days of the week. 20 Q So did you become the de facto mayor at that time when he 21 was out of the office? 22 A I became the go-to guy, and I guess you can say, for lack 23 of a better word, de facto mayor, although he was always in 24 touch and there was always multiple phone calls a day. 25 Q Okay. There were any policy decisions to be made? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 40 of 213 Dougherty - Direct/Wzorek 41 1 A Yeah. Policy was strictly the purview of the mayor. I 2 mean, I did not make policy. When it came to policy and when 3 it came to things that had to go before council, the mayor had 4 the final say, as his authority. 5 Q You were there both during the mayor's run for government 6 and then for the senate. Is that right? 7 A Correct, sir. 8 Q Was there a change in the way the mayor ran his statewide 9 campaign for governor as opposed to the way he ran for senate? 10 A I would say it was a dramatic change of how he approached 11 the two various campaigns. 12 Q How so? 13 A I would describe the campaign in -- for his run for 14 governor as his need to run across the Commonwealth, trying to 15 garner endorsements, and that meant getting the support of 16 local politicians throughout townships and municipalities all 17 throughout, you know, the 67 counties of Pennsylvania, and he 18 spent an awful lot of time on the road doing that, running 19 across -- one time, he had an RV doing that, and the so-called 20 "Pawlowski bus" was traveling the state, garnering 21 endorsements. 22 This was, I think, in direct contrast to the senate 23 campaign, where as he quite readily admitted, the endorsements 24 did not mean anything, and he didn't get where he wanted to be 25 in his run for governor, that the senate run would be all about ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 41 of 213 Dougherty - Direct/Wzorek 42 1 money. And so he spent his time identifying ways and means of 2 getting campaign contributions because money, rather than 3 endorsements, was the real key to victory. 4 Q When Mr. Pawlowski announced he was running for the 5 senate, how did you find out about it? 6 A For his run for senate? 7 Q Yes. 8 A This -- he announced to -- there was always conjecture 9 whether he was running or not after the run for governor, was 10 he going to throw his hat into the senate race or not, and he 11 had a major decision to make. We didn't know what he was going 12 to do until -- he had recently come back from a vacation, and 13 on April 14th, 2015, he had convened the meeting of his 14 executive staff. 15 Q Who's included in the executive staff? 16 A Besides myself, that would include Mike Moore, who was the 17 communications director. That would include the mayor's 18 special assistant, Ismael Arcelay. It would include his 19 scheduler, Diane Miller and Karen Lore. 20 Q And what happened at that meeting? 21 A And in that meeting, which took place in my office, the 22 mayor had announced that after much contemplation and 23 discussion with his family, that he was throwing his hand in 24 the ring -- 25 Q Hand or his hat? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 42 of 213 Dougherty - Direct/Wzorek 43 1 A His hat, okay. That he was committing to run campaign for 2 senator. 3 Q And did he say what he needed to do? 4 A Yes. In that meeting, he said, you know, something I just 5 basically reiterated, that he had learned his lessons from his 6 run for governor, that it wasn't about endorsements, it's about 7 money, and it was critical that he show that he was a serious 8 player running for senator, and to that means, that he would 9 need all of us because, quote, "globs of money," unquote, would 10 be needed for him to be a serious contender for the senate 11 seat. 12 Q You said he said to the staff that he needed you, as well, 13 to get this money. Is that right? 14 A Collectively, he said, I need -- I would need all of your 15 help to make this happen, and I will need globs of money in 16 order to make a serious run for the senate seat. 17 Q And did you, sometime after this meeting, contribute money 18 to Mr. Pawlowski's campaign? 19 A I did. The mayor had asked me for a campaign 20 contribution. I had -- I think I committed 1,000, and -- 21 although he wanted the limit, but that was what I could afford, 22 but yes. 23 Q So he asked you, as a City employee, to contribute. 24 A Well, he asked me -- well, I happen to be a City employee. 25 I don't know whether he asked me as a City employee or asked me ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 43 of 213 Dougherty - Direct/Wzorek 44 1 as a friend, but he asked me for a campaign contribution. 2 Q Did you find out how much money the mayor was trying to 3 accumulate by the end of the first reporting period for the 4 senate? 5 A The -- from what the mayor had told me directly, he needed 6 at least $5 million in order to be a serious contender, to be 7 taken seriously, and that's both locally and on a national 8 level, to be taken seriously. 9 Q So that would have been both the primaries and the general 10 election? 11 A Yes. 12 Q In working closely with the mayor, is he a micro-manager 13 you or a hands-off type of manager? 14 A It -- I'd say overall, he's probably more of a 15 micro-manager than a hands-off person, but it depended on the 16 subject matter. 17 Q Did he ever express to you a need for secrecy in dealings 18 within emails, things like that? 19 A Yes. It was -- in a discussion that -- in his run -- 20 first, for his run for governor and then again for his run for 21 senate, it was important not for his political enemies to know 22 what he was doing. To that end, he asked for some assistance 23 in, one, having the office swept again for electronic 24 eavesdropping devices, and then number two, he'd prefer that on 25 sensitive matters, that we use our personal emails. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 44 of 213 Dougherty - Direct/Wzorek 45 1 Q Who did the sweeping of the office for listening devices? 2 A I had coordinated, through our 911 director, Mike Hilbert, 3 to engage a private sector firm, Edwin Stymiss (phonetic), I 4 believe. I might be incorrect about the spelling or, I mean, 5 the pronunciation. 6 Q Where were they from? Do you know? 7 A I believe they're from Eastern Pennsylvania. I mean, 8 they're the most reputable and most thorough company there is 9 for that kind of work. The federal government even uses them. 10 Q And do you know when that sweep was done? 11 A There were two sweeps, one in the early math of the 12 gubernatorial run, and then a second time for the senate run, 13 which I believe probably in and around May, if I'm not -- 14 Q '15? 15 A Of '15, sir, yes. 16 Q And did the mayor -- was it the mayor who asked for both 17 the sweeps or was it just the one? 18 A The mayor asked for both sweeps, yes. 19 Q Did he want his car swept, as well, for bugs? 20 A He did not tell me of his car, but Mike Hilbert eventually 21 told me about the car. I didn't know about the expanded scope 22 of services, but the car was eventually included. 23 Q Did the mayor use a -- I always get this wrong -- a tablet 24 or a notebook, electronic notebook or tablet? 25 A The mayor used many electronic devices. He's a technocrat ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 45 of 213 Dougherty - Direct/Wzorek 46 1 when it comes to electronic devices and often used tablets and 2 phones. He's very good at it. 3 Q Did it become known to you in any way that the mayor was 4 simply tired of being a mayor when he was running for governor 5 or running for senate? 6 A Yes. I think probably the mayor felt that he had achieved 7 his goals in Allentown and he was certainly ready for higher 8 office, and you know, he certainly had the ambition and the 9 energy to go for higher office. 10 MR. WZOREK: Can we see I 4, please, screen person? 11 THE COURT: Can you repeat that exhibit? 12 MR. WZOREK: I 4, Your Honor. 13 THE COURT: I 4. Okay, I 4. 14 Q Mr. Dougherty, can you see on your screen a rather 15 elongated version of I 4? 16 A Yes, sir. 17 Q And do you recognize what that is, sir? 18 A I do. 19 Q What is that? 20 A That is the first page of the guilty plea I have taken 21 with the federal government. 22 Q And did you plead guilty under this agreement -- 23 MR. WZOREK: I'm going to move for the admission of I 24 4, Your Honor. I'm not going to ask for publication at this 25 point. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 46 of 213 Dougherty - Direct/Wzorek 47 1 THE COURT: Okay. Any objection? 2 MR. MCMAHON: No, Your Honor. 3 THE COURT: Okay. It's admitted. 4 (Government's Exhibit I 4 admitted into evidence) 5 Q Did you plead guilty to conspiracy to commit mail and wire 6 fraud? 7 A I did. 8 Q And was that in relationship to the Allentown streetlights 9 contract? 10 A Correct. 11 Q And we'll talk about that somewhere down the line. Is 12 that what's known as a cooperation plea agreement? 13 A Yes, sir. 14 Q And what is your understanding of your obligation under 15 that cooperation plea agreement? 16 A I have no deal with the Government. This is just a 17 cooperation agreement. I pled guilty. I have received no 18 special treatment. I just agree to cooperate with the 19 Government. I have no special deal upon sentencing or anything 20 else. 21 Q What would happen if you lied on that agreement? 22 A The Government would have the right to tear that up and 23 charge me with additional counts. 24 Q Has anyone from the Government -- that's including the 25 U.S. Attorneys' Office, the FBI, anyone -- told you what your ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 47 of 213 Dougherty - Direct/Wzorek 48 1 sentence is going to be as a result of your plea agreement? 2 A No, sir. 3 Q And as you sit here today, you're still awaiting 4 sentencing. Is that right? 5 A Correct. 6 Q And who was the judge in that case? 7 A The judge before us, Judge Sanchez. 8 Q Fair to say you're hoping for a (indiscernible) sentence, 9 isn't it? 10 A Well, one always hopes for leniency. 11 Q You'd like to get probation if you could. Is that true? 12 A Well, if that's leniency, yes. 13 Q Now, you were allowed to remain in your job until April 14 the 18th of 2016. Is that correct? 15 A Yes. 16 Q And it was shortly after that -- and the Government 17 (indiscernible). Is that correct? 18 A Yes. 19 Q And it was shortly after that, for about nine months, ten 20 months after -- 11 months after that that you pled guilty in 21 this case. Is that right? 22 A Yes. 23 Q I'm going to ask you about one other thing. You had a 24 speeding ticket somewhere along the line that was fixed. Is 25 that right? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 48 of 213 Dougherty - Direct/Wzorek 49 1 A If the definition of having -- of asking for 2 representation is that, yes, I did. 3 Q Let me ask you about lists of vendors. Did the mayor ever 4 ask you for -- or other people in the administration to come up 5 with a list of vendors, either engineers, law firms, a listing 6 that would say who they were, you know, contact people, perhaps 7 even amounts of money that they've been given, contracts they 8 have had with the City of Allentown? 9 A Yes, sir. 10 (Portion from 10:40 a.m. to 10:44 a.m. not transcribed) 11 (Recess) 12 (Portion from 11:01 a.m. to 11:03 a.m. not transcribed) 13 BY MR. WZOREK: 14 Q Mr. Dougherty, I'm showing you what's been marked as 15 Government Exhibit I 1. Sorry, are there two pages? Sorry. 16 Mr. Dougherty, I'm showing you a series of emails, the first 17 one you see in front of the screen above you. 18 A Yes. 19 Q In front of you. Is that right? Can we see the second 20 emails? 21 (Counsel confer) 22 Q Mr. Dougherty, I'm showing you, again, I 1 for 23 identification purposes, a series of emails. That's the second 24 email. Is that correct? 25 A A -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 49 of 213 Dougherty - Direct/Wzorek 50 1 Q They're from a person by the name of Beth Ann Strohl? 2 A Correct, sir. 3 Q Who was Beth Ann Strohl? 4 A Beth Ann Strohl was then the procurement director for the 5 City of Allentown. 6 Q Okay. And can we see the third email on the top? What do 7 these emails talk about, sir? 8 A These are email threads concerning the request and 9 subsequent submission of a list of law firms that the City of 10 Allentown had done business with or had contracts with during a 11 set period of time. 12 Q Okay. 13 MR. WZOREK: Okay. And can that be published to the 14 jury, Your Honor, and show them the third one, the second one, 15 or -- 16 MR. MCMAHON: No objections. 17 THE COURT: No object -- Mr. Winning, no objection? 18 MR. WINNING: No objection, Your Honor. 19 THE COURT: All right. It's admitted, you may show 20 it. 21 (Government's Exhibit I 1 admitted into evidence) 22 Q Do you know who Lisa Scott is, as well? 23 A Yes. Lisa Scott was an employee in the Solicitor's 24 Office. 25 Q Okay. And her email to Ms. Strohl is attached to the ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 50 of 213 Dougherty - Direct/Wzorek 51 1 (indiscernible). Is that correct? 2 A Correct. 3 Q Do you see the second email now, the middle one? And 4 that's the email from Ms. Strohl to you. Is that right? 5 A Yes, sir. 6 Q And did you get such a list of the law firms? Did you get 7 this list after Ms. Strohl sent this email about the law firms? 8 A Yes, sir. 9 Q And generally again, tell us what was on that list. 10 A So this would be a list containing -- it's a spreadsheet 11 of a list of specific law firms that had contracts or had done 12 business with the City of Allentown, and in this case, 13 representing the period of monies from 2006 onward to 2015. 14 Q And what did you do with that? Had you asked all that? 15 A That request was not for me. A request came through me, 16 that was a request by the mayor for a list of law firms and the 17 monies spent by the City for each law firm. 18 Q And what did you do with that list when you got it from 19 Ms. Strohl? 20 A That list was given to His Mayor and his political 21 handlers. 22 MR. WZOREK: Can you see I 11, the first page of that 23 please? I 11, Your Honor. 24 Q I'm showing you what's been marked as I 11 for 25 identification, Mr. Dougherty. Is that a list similar to what ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 51 of 213 Dougherty - Direct/Wzorek 52 1 you've got? The first page of the listing that you've got? 2 A Yes, sir. 3 Q And it lists the names of the law firms on the left-hand 4 side and total spent since 2006 on the -- 5 A Yes, it has a name of the law firm and the total spent 6 since 2006. 7 MR. WZOREK: Move for admission, Your Honor, and 8 publication to the jury. 9 THE COURT: Any objection? Mr. Winning? 10 MR. WINNING: No. No objection. 11 THE COURT: It's admitted, you may publish it. 12 (Government's Exhibit I 11 admitted into evidence) 13 Q Fourth down on that list there's a firm called Tallman 14 Hudders & Sorrentino, that says slash Norris McLaughlin. Did 15 Norris McLaughlin -- did Tallman Hudders change to Norris 16 McLaughlin, ultimately? 17 A If I recollect correctly, I think they merged at one point 18 in time. 19 Q And that's indicating that since 2006, they've done over 20 $1 million of work for that firm? 21 A Correct, sir. 22 Q Further down, Stevens & Lee law firm got over $1.6 million 23 in work. Is that correct? 24 A The spreadsheet reflects that, yes. 25 Q And Dilworth Paxson, towards the bottom of the list, is ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 52 of 213 Dougherty - Direct/Wzorek 53 1 $768,000-plus. Is that correct? 2 A Yes, sir. 3 MR. WZOREK: And lets be shown what's been marked as 4 Government Exhibit I 2, please. 5 Q Mr. Dougherty, I'm showing you what's been marked as 6 Government Exhibit I 2. Would you take a look at that and tell 7 us what that is, sir? 8 A This is an email from the procurement director to me, 9 articulating that she was able to run additional reports based 10 on the requests, through me, providing further details about 11 specific law firms. 12 Q Okay. And the last paragraph indicates what that there is 13 going also, they're looking for a listing of engineering firm 14 public works has used since 2006. Is that correct? 15 A Yes. So in addition to a list of law firms, the mayor had 16 requested a list of all engineering firms who had done business 17 with the City from the same -- for the same time period. 18 Q Did he tell you why he wanted these lists? 19 A These were -- these were -- yes, he did. 20 Q What did he say? 21 A These were lists to solicit campaign contributions for. 22 Q What did you think about that? 23 MR. MCMAHON: Objection. 24 THE COURT: State your grounds. 25 MR. MCMAHON: Objection. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 53 of 213 Dougherty - Direct/Wzorek 54 1 THE COURT: Please stand. 2 MR. MCMAHON: It's totally irrelevant what he thinks 3 about it. 4 THE COURT: All right. Very well. Your response, 5 Mr. Wzorek? As to what he thinks about -- 6 MR. WZOREK: I'll withdraw the question, Your Honor. 7 THE COURT: Okay. 8 MR. WZOREK: And we'll move for admission, Your 9 Honor, of I 2 and publication to the jury. 10 THE COURT: Any objection? It's admitted, you may 11 publish. 12 (Government's Exhibit I 2 admitted into evidence) 13 Q And again, Ms. Strohl is working with who? What was her 14 -- where was she working? 15 A In this case, are you referring to the bottom para -- Lisa 16 Coco (phonetic)? 17 Q No, Ms. Strohl. What was she? Purchasing? 18 A She was the purchasing coordinator, yes. 19 Q Okay. Do you know who this other person mentioned, Lisa 20 Coco is? 21 A Yes. Lisa Coco was an administrative assistant over in 22 the Department of Public Works. 23 MR. WZOREK: Can we see Government Exhibit I 12, 24 please? 25 Q Mr. Dougherty, I'm showing you what's been marked as ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 54 of 213 Dougherty - Direct/Wzorek 55 1 Government Exhibit I 12 for identification purposes, the first 2 page of a lengthy exhibit. Can you -- or the first page, in 3 this case, can you identify what that is, sir? 4 A This is a spreadsheet of engineering firms that had done 5 business with the city from -- since 2006. 6 Q So is the very first one Michael Baker, Jr., at only $922 7 worth of work since 2006. Is that right? 8 A As reflected in there, yes. 9 Q And further down, McTish, Kunkel & Associates, $188,000 10 and some change with the City of Allentown. Is that correct? 11 A Correct. 12 MR. WZOREK: Ask for admission, Your Honor, and 13 publication to the jury. 14 THE COURT: Any objection? It's admitted, you may 15 publish it. 16 (Government's Exhibit I 12 admitted into evidence) 17 Q You said the mayor had asked for the listing of law firms. 18 Did he also ask for a listing of engineering firms? 19 A Yes, sir. 20 Q Same rationale that he gave to you for law firms? 21 A Yes. 22 MR. WZOREK: Okay. Witness be shown Exhibit I 3, 23 Your Honor. 24 Q Mr. Dougherty, I'm showing you what's been marked as 25 Government Exhibit I 3. Can you look at that and tell us what ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 55 of 213 Dougherty - Direct/Wzorek 56 1 it is, sir? 2 A This is a request for all purchase orders which can or 3 cannot -- or maybe -- may or may not contain contracts, all 4 purchase orders that the City of Allentown had done or spent 5 between 2006 and 2015 that were greater than $10,000. 6 Q And when you say "purchase orders," that's business that 7 the City gave to someone, whether it was by contract or some 8 other way. Is that right? 9 A Yes, for goods and services. Correct. 10 Q And a sizeable amount, it's over $10,000. Is that right? 11 A Yes. This one was limited to those from 10,000 or more. 12 Q Okay. And why did you ask -- or why was Ms. Strohl giving 13 this to you? Had you asked for it? 14 A This request came from the mayor through me to get this 15 information. 16 Q Okay. And again, this time period is May 12th, 2015. Is 17 that correct? 18 A That's what the email is dated, yes, sir. 19 Q And that's -- at that time, was that when the mayor was 20 running for the U.S. Senate? 21 A I believe it was, sir, yes. 22 MR. WZOREK: Move for admission, Your Honor, and 23 publication to the jury. 24 THE COURT: Any objection? 25 MR. MCMAHON: No objection. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 56 of 213 Dougherty - Direct/Wzorek 57 1 MR. WINNING: No. 2 THE COURT: No objection. It's admitted. You may 3 publish. 4 (Government's Exhibit I 3 admitted into evidence) 5 Q Mr. Dougherty, in that email, it says PO. Is he talking 6 about purchase orders? 7 A Purchase orders. 8 Q Did you ever talk to Diane Miller about any such list, as 9 well? 10 A I did, sir. 11 Q And who was Diane Miller? 12 A Diane Miller was a special assistant secretary to the 13 mayor. 14 Q And tell us, what was that request? 15 A That -- the -- well, I first learned of the mayor's 16 original requests for those doing business with the City 17 through contracts through Diane, who had first requested it 18 through procurement that I did not know about, and then 19 subsequent requests then came through me because Diane had told 20 me about it, and I had words with the mayor that your -- those 21 requests should come through me. 22 Q Is there any reason that you needed these lists to do your 23 job as the managing director? 24 A No, sir. 25 MR. WZOREK: Your Honor, I'd like to play SR 35 at ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 57 of 213 Dougherty - Direct/Wzorek 58 1 this time. 2 THE COURT: Very well. 3 (Audio played as follows:) 4 MR. RUCHLEWICZ: Hi. 5 MR. DOUGHERTY: Hi. Yeah, good, I'm glad we got the 6 ball rolling. 7 MR. RUCHLEWICZ: Yeah. So what I need is an updated 8 vendor's license. 9 MR. DOUGHERTY: All right, so I hear last week the 10 call -- yeah, this was the call downstairs (indiscernible). 11 MR. RUCHLEWICZ: Yeah. 12 MR. DOUGHERTY: I need -- and I think Barbara 13 generated this list. 14 MR. RUCHLEWICZ: I don't have the list. 15 MR. DOUGHERTY: So it was given to him, and he lost 16 it again. Typical Ed. 17 MR. RUCHLEWICZ: Yes. That's why I'm asking you. 18 MR. DOUGHERTY: Okay. So what's the parameters of 19 the vendor list? Anything new? 20 MR. RUCHLEWICZ: Anybody you want. 21 MR. DOUGHERTY: There's not a threshold? 22 MR. RUCHLEWICZ: No threshold. 23 MR. DOUGHERTY: Okay. 24 MR. RUCHLEWICZ: I mean, like, lower than, like, the 25 $5,000 people I don't give a shit about. If they're a $75,000 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 58 of 213 Dougherty - Direct/Wzorek 59 1 contract, (indiscernible). 2 MR. DOUGHERTY: Okay. 3 MR. RUCHLEWICZ: You know what I mean? But -- 4 MR. DOUGHERTY: Yes. 5 MR. RUCHLEWICZ: Let's figure out who we're going to 6 hit up. I mean, we've got to -- 7 MR. DOUGHERTY: All right. 8 MR. RUCHLEWICZ: That's fine. 9 MR. DOUGHERTY: Yeah, I got the -- yeah, that would 10 be more than I can find. 11 MR. RUCHLEWICZ: No, I believe you. I believe you. 12 MR. DOUGHERTY: I mean I could just generate it. 13 MR. RUCHLEWICZ: I know. That's why I'm asking you. 14 MR. DOUGHERTY: I mean, you're the one that would 15 know. 16 MR. RUCHLEWICZ: I've never seen it. 17 MR. DOUGHERTY: Okay. 18 (End of Audio) 19 Q Mr. Dougherty, at the beginning, where you say, "Good, I'm 20 glad he's making phone calls," what are you talking about, sir? 21 A He's making phone calls. 22 Q Who's he? 23 A He is the mayor, Ed Pawlowski. 24 Q Okay. And these voices, SR/FD, the person FD, is that you 25 on the -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 59 of 213 Dougherty - Direct/Wzorek 60 1 A Francis Dougherty, that is -- that is -- 2 Q And SR, is that Mr. Ruchlewicz? 3 A That's Sam Ruchlewicz, yes. 4 Q Okay. Then he said, is the updated vendor's list, you say 5 okay, so I heard last week he called. He had my -- he had his 6 people call Barb downstairs at procurement. What are you 7 talking about there? 8 A That refers to the conversation I just alluded to earlier, 9 where the mayor had directed Diane Miller to get certain vendor 10 lists from procurement. 11 Q And who's Barb again? 12 A Barb was the predecessor to Beth Ann Strohl, in terms of 13 being a procurement director. 14 Q And then you say, see, it was given to him and he lost it 15 again. Typical Ed. What does that mean? 16 A Well, the mayor just had a proclivity of losing things 17 sometimes, and you always had to keep copies, and, you know, he 18 had a lot of material, and just human nature, he lost a lot of 19 stuff. And oftentimes, we had to regenerate requests because 20 he misplaced it or he took it home and forgot to bring it in. 21 MR. WZOREK: Play SR 386a, please. Your Honor, we 22 move for the admission of SR 35 and publish it. 23 THE COURT: Very well. 24 MR. MCMAHON: No objection, Your Honor. 25 THE COURT: It's admitted. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 60 of 213 Dougherty - Direct/Wzorek 61 1 (Government's Exhibit SR 35 admitted into evidence) 2 THE COURT: Which one is the next audio? 3 MR. WZOREK: 386a, Your Honor, and we'd -- 4 THE COURT: 386. 5 MR. WZOREK: -- we would also move for the admission 6 and publication to the jury as well. 7 THE COURT: Any objection to 386a? 8 MR. MCMAHON: No. No, Your Honor. 9 THE COURT: It's admitted, you may publish it. 10 (Government's Exhibit 386a admitted into evidence) 11 (Audio played as follows:) 12 UNIDENTIFIED: It's good you did that, man. 13 UNIDENTIFIED: Okay. Well, you know what I'm going 14 to do? 15 MS. ROSSI: Hmm? 16 UNIDENTIFIED: Okay. I'm going to go into City Hall 17 for like 10 minutes. 18 MS. ROSSI: Okay. 19 UNIDENTIFIED: I'll take this with me, I'll be in my 20 car, it'll charge up, I've got my speed chargers in my car. 21 MS. ROSSI: Speed chargers? Okay. 22 UNIDENTIFIED: You know. 23 UNIDENTIFIED: Are you going to come back and make 24 phone calls? 25 UNIDENTIFIED: Then I'll come back and make phone ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 61 of 213 Dougherty - Direct/Wzorek 62 1 calls. 2 MS. ROSSI: Sweet. 3 UNIDENTIFIED: So let me go and get them working on 4 getting that stuff. 5 MS. ROSSI: Yes. 6 UNIDENTIFIED: Those lists that I wanted. 7 MS. ROSSI: Special lists. 8 UNIDENTIFIED: -- yes. 9 UNIDENTIFIED: Oh, good. Getting the new special 10 list? 11 UNIDENTIFIED: Do we have the old special lists? 12 UNIDENTIFIED: I have one of the old special lists. 13 UNIDENTIFIED: Which one do you have? 14 UNIDENTIFIED: I have arena. 15 UNIDENTIFIED: Okay. Can you get her a copy, please? 16 UNIDENTIFIED: Yeah. 17 MS. ROSSI: Thank you. 18 UNIDENTIFIED: I don't have the city one. I just 19 have the -- 20 MS. ROSSI: (Indiscernible). 21 UNIDENTIFIED: Yeah. Okay. 22 UNIDENTIFIED: I'm going to be specific. 23 (End of Audio) 24 Q Do you recognize the SR voice, that's the voice of SR? 25 A SR? Sam Ruchlewicz. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 62 of 213 Dougherty - Direct/Wzorek 63 1 Q And is that the mayor's voice, the EP? 2 A It is. 3 MR. WZOREK: All right. And move to play SR 390. 4 THE COURT: Any objection? 5 MR. MCMAHON: No, Your Honor. No. 6 THE COURT: 390 is admitted, you may publish it. 7 (Government's Exhibit SR 390 admitted into evidence) 8 (Audio played as follows:) 9 UNIDENTIFIED: If I can get the -- does Sam have 10 that -- 11 UNIDENTIFIED: What? 12 UNIDENTIFIED: Do you have that list of the 13 contractors that worked on the -- 14 UNIDENTIFIED: The arena? 15 UNIDENTIFIED: Yeah. 16 UNIDENTIFIED: I have -- I have to find the bookmark. 17 Francis is getting one more. I have the boots list. I don't 18 have the -- 19 UNIDENTIFIED: Give me the boots list. Let me see 20 it. Get me a copy of it. 2600 bucks. 21 UNIDENTIFIED: They're there, too. Do you want the 22 breakdowns, too? Where's -- in the top line numbers? 23 UNIDENTIFIED: Breakdowns for what? 24 UNIDENTIFIED: Like dates, times? Projects? 25 UNIDENTIFIED: No. This is just -- since 2006, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 63 of 213 Dougherty - Direct/Wzorek 64 1 right? 2 UNIDENTIFIED: Yeah. There's a few in there, there. 3 Gary Edding (phonetic). 4 UNIDENTIFIED: Yeah. HNTB. 5 UNIDENTIFIED: I was thinking Bennish (phonetic). 6 UNIDENTIFIED: Yeah. Yeah. We should probably go -- 7 we could probably go just walk across and sit with him. 8 UNIDENTIFIED: Right. 9 UNIDENTIFIED: Of course. 10 UNIDENTIFIED: Yeah. 11 UNIDENTIFIED: Yeah, probably. And then there's your 12 big friend up here that hit you. 13 UNIDENTIFIED: Yeah, well, I'm working with Susan on 14 that. 15 UNIDENTIFIED: All right. 16 UNIDENTIFIED: She said, you know, that the firm is 17 not the firm that used to be, that Mel doesn't really control 18 anything anymore, and she's the managing part -- you know, the 19 -- the -- 20 UNIDENTIFIED: Oh. On top of the -- 21 UNIDENTIFIED: She's the managing partner. 22 UNIDENTIFIED: So you want or (indiscernible)? 23 UNIDENTIFIED: (Indiscernible). 24 UNIDENTIFIED: Both. They're both -- they both suck. 25 UNIDENTIFIED: Yeah. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 64 of 213 Dougherty - Direct/Wzorek 65 1 UNIDENTIFIED: Because 2.7 million. Mel doesn't 2 really control things anymore? 3 UNIDENTIFIED: No, she says Mel's -- Mel's -- he's 4 actually kind of getting pissed because he's on the sidelines 5 now. Here's another one that pisses me off, because every time 6 we call this -- this -- this SOB, he always, you know, gives 7 us -- 8 UNIDENTIFIED: Urban Engineers? 9 UNIDENTIFIED: Yeah. That's the -- what's his name. 10 UNIDENTIFIED: Oh, yeah. 11 UNIDENTIFIED: He never gives the time of day. The 12 bastard. 13 UNIDENTIFIED: Well, 740 -- there's 747,946 reasons 14 for him to give a shit. Michael Baker, ironically enough, 922 15 bucks. 16 UNIDENTIFIED: Your Honor, we have that meeting 17 downstairs at 9 -- 10:30. 18 UNIDENTIFIED: Okay. 19 UNIDENTIFIED: All right. Your friend's pulling a 20 number for contention right now. 21 UNIDENTIFIED: For what? 22 UNIDENTIFIED: For Dugan (phonetic). 23 UNIDENTIFIED: Okay. 24 UNIDENTIFIED: It's probably going to make you want 25 to cry. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 65 of 213 Dougherty - Direct/Wzorek 66 1 UNIDENTIFIED: Sure. So you don't have that master 2 sheet, right? 3 UNIDENTIFIED: I don't -- that's all I got from Book 4 (phonetic). I don't have the master one. That one may have 5 been shredded at some point. 6 UNIDENTIFIED: Okay. Because I'm going to -- I've 7 got to talk to him. All right. What you need to do is find me 8 that -- I know some of these folks. 9 UNIDENTIFIED: Yeah. 10 UNIDENTIFIED: But like McCormick Taylor -- 11 UNIDENTIFIED: I know Tom Caramanico. 12 UNIDENTIFIED: Okay. 13 UNIDENTIFIED: I'm in -- 14 UNIDENTIFIED: On the HNTB? HNTB, we've got to find 15 a -- 16 UNIDENTIFIED: Okay. 17 UNIDENTIFIED: We've got to find a name. Bennish, I 18 know, across the -- Urban Engineers, I forget who the guy's 19 name is. 20 UNIDENTIFIED: He's a jerk. 21 UNIDENTIFIED: I know. 22 UNIDENTIFIED: McMann Transportation, he showed up 23 once in a while, TPD, they suck. 24 UNIDENTIFIED: I'm going to ask him anyway. 25 UNIDENTIFIED: Good. Hey, Fox Rothschild, your ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 66 of 213 Dougherty - Direct/Wzorek 67 1 buddy. 351,000. 2 UNIDENTIFIED: Bastard. 3 UNIDENTIFIED: 168. Delworth 768. 4 UNIDENTIFIED: That's who I'm going to call after 5 this. I'm calling -- I'll call him this afternoon at Delworth. 6 When are we in Philly next? 7 UNIDENTIFIED: I think you're in Philly next week, on 8 Thursday. 9 UNIDENTIFIED: Okay. 10 UNIDENTIFIED: Could the person at HNTB be Yassmin 11 Gramian? Should be having a -- 12 UNIDENTIFIED: Sounds right. 13 UNIDENTIFIED: -- near day this. 14 UNIDENTIFIED: That name shows up on your 15 (indiscernible) reports a couple of times. 16 UNIDENTIFIED: Is that the guy -- is that the guy you 17 should contact? 18 UNIDENTIFIED: Okay. 19 (End of Audio) 20 Q Did the mayor ever, to your memory, Mr. Dougherty, use 21 lists like this to generate money for July 4th fireworks for 22 the community or anything along those lines? 23 A I believe he did, yes. 24 Q Do you remember when that happened? 25 A Around July 4th. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 67 of 213 Dougherty - Direct/Wzorek 68 1 Q I guess that would make sense. 2 A Yes. He would request a list of vendors, specifically 3 maybe across the board, whether it was engineering or that was 4 doing business with parks, and he would solicit those for help 5 with our fireworks and other special event activities. 6 Q Obviously, these -- that would happen around the July 4th 7 time period? 8 A I just -- I mean, it makes sense to me that it would be 9 prior to July, so probably starting around the May/June time, 10 in order to be prepared for July 4th. 11 Q Okay. 12 A Not unreasonable. 13 Q When you start off with the mayor, relatively soon after 14 he took over -- 2009 was the first term. Is that right? 15 A The first term? 2006. 16 Q 2006, I'm sorry. Was the contracting process changed at 17 all in the City of Allentown? 18 A Yes, it was. It -- I think you can say it was streamlined 19 to a certain extent. 20 Q In what way? 21 A Some of the basically rules governing the purchasing of 22 goods and services were changed. Basically, in effect, it 23 lowered a threshold, which required a different set of rules 24 and criteria by which you could purchase things under a certain 25 amount of money. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 68 of 213 Dougherty - Direct/Wzorek 69 1 Q You'll have to explain that a little better. 2 A Yes, I will. I don't recollect what the old numbers were, 3 but the changes that occurred, for example, if you had a 4 $40,000 threshold, anything above $40,000 would then have to be 5 what they call competitively bid, where the City would put out 6 requests for qualifications or requests for proposals. 7 Anything under $40,000 would not have to go such -- through a 8 formal process in order to procure goods and services. It gave 9 more flexibility to staff to procure such services under 10 $40,000 by having them make quick phone calls to identify 11 companies of their choosing and get quick quotes there and then 12 purchase their goods and services based on that. 13 Q How about city council's role? Has that changed at all? 14 A City council's role? 15 Q Yes. 16 A In terms of what? 17 Q In contracting. 18 A Between what period of time, Tony? 19 Q From when the mayor took over as opposed to before he took 20 over. 21 A Yes. I don't know whether there was formal changes in 22 terms of relations with city council, and if there were, I 23 don't recollect the specific changes. Council, city council, 24 the legislative branch involvement with contracts was very 25 limited. It was limited to involvement if it concerned real ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 69 of 213 Dougherty - Direct/Wzorek 70 1 estate proceedings with the city, or any contract that was over 2 five years, then city council had to get involved and had to 3 approve. Otherwise, city council did not have any dealings 4 with approvals with most of the hundreds of contracts that go 5 out every year. 6 Q Let me call your attention to July 2nd, 2015. Were you 7 working on that day? 8 A I was. 9 Q And on that day, did you become aware of the fact that the 10 FBI was executing court authorized search warrants at Allentown 11 City Hall? 12 A Not only aware of it, but involved with it. 13 Q Involved in what way? 14 A On the receiving end of it, with 12 agents entering my 15 office. 16 Q They came in to search for documents. Is that right? 17 A Search for documents, confiscated all of the PCs in the 18 office, confiscated my personal cell phone, yes, sir. 19 Q And were you then asked to meet with the agents and give 20 your statement, or if you would talk with them? 21 A Yes, I was asked if I would voluntarily come over and 22 speak to the agents. Yes. 23 Q And where did you go? 24 A We went across the street to this building here. 25 Q And did you give a statement at that time? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 70 of 213 Dougherty - Direct/Wzorek 71 1 A I did give a statement. 2 Q A truthful statement? 3 A No. 4 Q Why not? 5 A Not -- well, I should -- well, let me qualify that. Not 6 completely. 7 Q Why not? 8 A Well, for a variety of reasons. One, I guess I wasn't in 9 the right state of mind, after having 12 agents come into your 10 office and turn your life upside down. And that shell shock, I 11 guess you would call it. And number two, I was not 12 represented. I did not have a lawyer with me. But I guess I 13 felt it important just to demonstrate that I was, you know, 14 willing to talk, but the question is, was I completely honest 15 with them? At that point in time, no, I wasn't. 16 Q Let me ask you this. You told us earlier that you were a 17 whistleblower when you were in the Philadelphia School 18 District. 19 A I did. 20 Q And we're about to go into a number of different contracts 21 and things that -- where you were involved. Is that right? 22 A Yes. 23 Q And is it fair to say that you didn't act honorably? 24 A I did not. 25 Q You didn't act legally? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 71 of 213 Dougherty - Direct/Wzorek 72 1 A No, I did not. 2 Q How do we -- how do we balance those two things. Tell us 3 why that happened. 4 MR. MCMAHON: Object -- no, I withdraw the objection. 5 I withdraw the objection. 6 Q Why'd you do what you did in Allentown? 7 A Well, when I was a whistleblower, I did the right thing. 8 By doing the right thing, I had nothing -- almost nothing left 9 at the end of the day. I lost my job, I was financially broke, 10 I was in the process of losing my house, and frankly, it wasn't 11 worth it. And the mayor hired me again after that, after 12 almost a year of being unemployed, brought me back as managing 13 director, and slowly was able to get back on my feet again. 14 That changed me. When you're faced with it again, I never 15 want to go through it again in my life. And how many times 16 does a person need to go through that in their lifetime? 17 Q Did you compromise your values? 18 A I did. 19 Q I mean, while you're doing this, did you think about it? 20 A Sure, I did. Thought about it. My personal integrity, 21 especially in relation to what I had gone through with the 22 school district. And if I had the means and methods and were 23 independently wealthy, I would have left. But I needed a job. 24 Q Did you ever confront the mayor about these things? 25 A The mayor was confronted from the very beginning about his ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 72 of 213 Dougherty - Direct/Wzorek 73 1 associations with Mike Fleck and Sam Ruchlewicz. 2 Q In what way? 3 A That they were not good for him, they weren't good for the 4 city of Allentown. He -- you know, in retro -- you know, he 5 should have -- if he had the means and methods of trying to get 6 more professional campaign people from Washington, others, and 7 not these street fighters, things would have been different. 8 Q When you confronted him, what did he do? 9 A Well, again, the confrontations and discussions with the 10 mayor came in a variety of forms, so -- and it was over a 11 period of time from 2013 on. But the essence was, you know, 12 these guys are not good. And I -- no one here can understand 13 your association with these people. Why do you need these 14 people? And why do you put such faith in these people? I 15 mean, they work for you. 16 Q What was the relationship between Mr. Fleck and the mayor? 17 A Well, in my absence, when I was with the Philadelphia 18 School District, and -- well, let me preface that. When I 19 left, he had a association with Mr. Fleck, and -- but when I 20 came back that association was then a full blown friendship, 21 where Mike had not only been his campaign manager and ran a 22 successful reelection campaign for him, but also morphed into a 23 very deep friendship between him and Mike Fleck and their 24 respective families. 25 Q Did you see evidence of that friendship? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 73 of 213 Dougherty - Direct/Wzorek 74 1 A There was -- that evidence was multi-faceted. The 2 families vacationed together, they dined together, they 3 socialized together. 4 Q You were aware of Mr. Fleck's Hamilton Development 5 company? 6 A Yes, sir. 7 Q And were you aware that he was not only representing the 8 mayor as a political consultant, but also representing 9 companies that wanted to do business with the city? 10 A Oh, absolutely. He was double dipping anywhere he could. 11 Q Was that a conflict in your mind? 12 A It was a huge conflict, especially coming on the backs of 13 what I had to do for him, and he was getting rich off it, and I 14 was -- you know, and I was doing my job. 15 Q Did you tell the mayor that you felt this was a conflict 16 that Mr. Fleck had and Mr. Ruchlewicz had? 17 A I told the mayor, other people in the administration had 18 told the mayor. But in his mind, he needed Mike Fleck. 19 Q Did you see any evidence that Mr. Pawlowski was using 20 Mr. Fleck or Mr. Ruchlewicz to insulate himself in any -- try 21 and insulate himself? 22 A Insulate from whom? 23 Q The authorities, local authorities of (indiscernible). 24 A Certainly he had -- he was trying to insulate himself from 25 the things that his staff were up to to support him, by giving ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 74 of 213 Dougherty - Direct/Wzorek 75 1 Mike and Sam free reign of City Hall. 2 Q What do you mean by that? Free reign of City Hall. 3 A Gave them carte blanche to come and go in City Hall, and 4 to meet with city staff at their beck and whim, rather than 5 through formal channels. 6 Q Is that unusual? To give political consultants the reign 7 of City Hall? 8 A It never happened in my experience. 9 Q Did you protest about that? 10 A Yes. 11 Q To the mayor? 12 A To the mayor. 13 Q And what did he say? 14 A And there was some action. And he did agree with me that 15 it wasn't right for Sam and Mike to be -- especially Sam, and 16 he was the main person who came to City Hall most often, to be 17 gallivanting around City Hall, and dropping in on whomever they 18 wanted to, depending on what issue they had before them, and 19 that he did agree with me that such requests had to come 20 through me, and I took it upon myself then to liaise more 21 directly with Sam and Mike as to control their information 22 needs from City Hall. 23 Q The mayor ever say anything about like when you talked to 24 Mike and Sam -- 25 MR. MCMAHON: Objection, leading, Your Honor. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 75 of 213 Dougherty - Direct/Wzorek 76 1 THE COURT: Let him ask the question, and don't 2 answer it. Could you ask? 3 Q Did the mayor ever have any discussions with you about 4 conversations you would have with Mr. Ruchlewicz or Mr. Fleck 5 concerning city business? 6 THE COURT: Do you withdraw your objection? 7 MR. MCMAHON: I withdraw my objection. 8 THE COURT: Okay. 9 THE WITNESS: Okay. I'm sorry, could you repeat that 10 now? 11 Q I'll try. Did the mayor ever have any conversations with 12 you concerning his relationship with Mr. Fleck and 13 Mr. Ruchlewicz's conversations? 14 A Yeah, all the time. 15 Q When you were talking to Mike Fleck about business, did 16 you think you were talking to the mayor -- 17 MR. MCMAHON: Objection. 18 THE COURT: Sustained. Rephrase. 19 Q When you were talking to Mike Fleck about city business, 20 what did you think? 21 A When you were talking to Mike Fleck, you were talking to 22 the mayor, and the same with Sam. 23 Q Why did you think that? 24 A Because they had his full support. The mayor said they 25 represented him, and he said that not only to me but to others ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 76 of 213 Dougherty - Direct/Wzorek 77 1 in his office. That when they speak, and/or they have an 2 information request, it is as if he is speaking. So in effect, 3 they were mayors, and I took my cues from them as well as the 4 mayor direct. 5 Q Let me ask you about the streetlights contract. 6 A Uh-huh. 7 Q Do you know approximately the size of that contract? Was 8 it a small contract or a big contract? 9 A Well, size is relative. $3 million was budgeted towards a 10 street lighting project in the budget. 11 Q What exactly was the street lighting -- street lights 12 contract? 13 A Street lighting -- the street lighting project was an 14 initiative that a lot of municipalities are undertaking to save 15 on energy by converting sodium lit streetlights to LEDs. 16 Q And was that something that the city wanted to do? 17 A Yes. 18 Q What if anything was your contact with the mayor 19 concerning the street lights contract? 20 A Extensive, I would probably label it. 21 Q Tell us about it. 22 A The effort to get a LED project going had a long history, 23 and it basically started with conversations in 2013. And 24 between 2013 and 2015, there were always discussions about how 25 to get it done. Early on, on -- in '13 and '14, there was no ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 77 of 213 Dougherty - Direct/Wzorek 78 1 money to do it, so there was ideas batted about by the mayor 2 and others about, well, how do we -- how to identify monies to 3 get this done? And so there were ideas, such as using what 4 they would call an ESCO project, and basically it's a fancy 5 term, you know, for financing a project by using the projected 6 savings, and using a third party to finance it. That did not 7 come to any fruition, to use that. And then they were -- a 8 concerted effort to identify federal and state grant monies 9 that could at least initiate this project. At that point, 10 there was not sufficient monies to identify grant -- most of 11 the grant opportunities that were identified needed some sort 12 of a city match. And of course there was no matching money at 13 the time. 14 And this all changed once the city issued a bond, and the 15 city had not issued a bond for quite a long period of time, and 16 the mayor in consultation with his finance people had decided 17 that the time was ripe to float a bond. The finances had 18 vastly improved, and that the city now had the means and 19 methods of floating a bond. The mayor decided on a $15 million 20 bond to issue, and from that $15 million, the mayor had 21 allocated the money for specific purposes. One of those line 22 items that he identified was placing $3 million into a line 23 item to get the LED project, light project, going. 24 Q And who was the efficiency -- 25 A Network? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 78 of 213 Dougherty - Direct/Wzorek 79 1 Q Network. 2 A Yes, okay. So a company called TEN, which stood for The 3 Efficiency Network, was a player in the LED field. They had 4 recently completed work in the city of Bethlehem and Reading. 5 They were led by a gentleman named Patrick Regan, and they were 6 based out in Pittsburgh. And Patrick Regan had a very keen 7 interest in getting this contract for his company, for the City 8 of Allentown. And Patrick Regan had started these 9 conversations with us early on, I don't know whether it was as 10 far back as '13, but it may -- as -- it was early as '14 that 11 we engaged in conversations, myself, my staff engaged in 12 conversations directly with Patrick Regan. 13 Q And did the mayor indicate either a preference or a 14 disliking of The Efficiency Network? 15 A No, it can only be labeled as a preference early on. 16 Q And what leads you to that conclusion? 17 A Patrick Regan was -- came from a political family in 18 Pittsburgh, and it was very important for the mayor's political 19 hopes and ambitions that Patrick Regan was an important player 20 to have him on his team. He had a vast network of family and 21 friends and colleagues out in the Pittsburgh area, so the mayor 22 was very keen on keeping Patrick Regan in the fold, and getting 23 Patrick Regan work for the city. 24 Q So he wanted TEN to win the contract? 25 A He did. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 79 of 213 Dougherty - Direct/Wzorek 80 1 Q Let me ask you about a couple of I guess technicalities. 2 A Uh-huh. 3 Q What's an RFQ, request for qualifications, first of all? 4 A So as I reiterated a little while ago, when you're dealing 5 with the procurement office, which does hundreds of contracts 6 in a year, anything over $40,000 has a formal process 7 associated with it. One of the vehicles that they have that 8 they use is something called an RFQ, and that is a Request for 9 Qualifications. This is opposed to a request for a proposal, 10 an RFQ -- RFP. So an RFQ is basically used in those 11 circumstances where a departmental director, in this case, 12 public works, would say, hey, you know, the street lighting 13 contract is something very specific, it's esoteric, there's -- 14 you know, there's only a handful of companies that can actually 15 do this work and do it right. And so an RFQ would be better in 16 this case, as opposed to an RFP, because an RFQ disc could be 17 sent to a handful of selected "pre-qualified" firms identified 18 by the Public Works Director in this case. 19 Q And is it fair to say that that's, you know, the RFQ is 20 used to kind of eliminate people who really the city doesn't 21 think could do the job? I mean, you don't want some individual 22 who says yeah, I'll change the light bulbs who's going to be 23 required to remove 150,000 light bulbs. Is it used to -- just 24 to eliminate competition (indiscernible)? 25 A Yes, sir. Yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 80 of 213 Dougherty - Direct/Wzorek 81 1 Q And tell us what the RFP is, as well, in the short terms 2 of the Request for Proposal. 3 A So an RFP would go out, it would not be limited to any 4 select firms, it would be an -- if something was issued for an 5 RFP, any firm could apply that met whatever articulated 6 criteria was in that RFP. So there wasn't a preselected group 7 of people that it went to. It was advertised. It was put on 8 the web for any company who monitors, and there's transparency. 9 If you follow the procurement website about -- where the city 10 is issuing an RFP for trash bags. So any firm around the whole 11 country, or anywhere else, could then basically apply for that 12 contract. 13 Q And again, out of both of these, the company or the firm 14 or the vendor has to make some type of proposal to the city. 15 Is that right? 16 A Yes. So with each, an RFP, RFQ, there is a formal 17 document that needs to be submitted. So there is what they 18 call a boilerplate. Okay, you have -- your business has bonds 19 -- your business is bonded, you have insurance, you have a 20 history, you have the resumes of the principals of the company. 21 You've demonstrated that you've done this before, you have the 22 means and methods of fulfilling the obligations of the 23 contract, and you submit, "a proposal." 24 And that's where you sharpen your pencils and you're 25 saying, okay, I think I can do it for this amount of money, and ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 81 of 213 Dougherty - Direct/Wzorek 82 1 this is your budget, and then it comes in to the city and it 2 gets reviewed. 3 Q And on the -- excuse me. On the flip side of that 4 proposal or qualifications being submitted by the company, the 5 city -- the city's obligation is to do what? 6 A The city's obligate -- for -- for what -- 7 Q For an RFP or an RFQ. 8 A Okay -- 9 Q How do they determine the winner? 10 A Sure, sure. Got you. So with either of them, a committee 11 is formed, what they call an evaluation committee. And whether 12 in this instance it's a public works project, a public works 13 director would select the quote in evaluation committee. He 14 would choose from his staff some relevant experts, like an 15 engineer, a traffic engineer in this case, that oversaw the 16 current street lights. And other stake holders, and there 17 would be representative -- a representative I believe from 18 procurement, and these documents would then be opened at a 19 specific time and date, under secrecy, and they would start 20 ranking the proposals, and these are the internal decision 21 making processes by which procurement was done. 22 Q You said secrecy, so it was supposed to be a confidential 23 thing first of all. Right? 24 A Yes, sir. 25 Q And did both the RFQ and the RFP set qualifications or ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 82 of 213 Dougherty - Direct/Wzorek 83 1 standards or how they were going to determine the winner of the 2 contract? 3 A Yes. It had criteria by which they would be evaluated, 4 yes. 5 Q Okay. And did you ever see in any of those criteria how 6 much money that the person was willing to contribute to the 7 mayor as one of the criteria? 8 A No. 9 Q But that was considered in these contracts. Is that 10 correct? 11 MR. MCMAHON: Objection. 12 THE COURT: State your ground. 13 MR. MCMAHON: Yes. Objection. That is a complete 14 conclusion on the part -- 15 THE COURT: Very well. I'm going to sustain -- 16 MR. MCMAHON: -- of the (indiscernible) -- 17 THE COURT: -- I'm going to sustain the objection, 18 but if he knows, I'll permit it. 19 MR. WZOREK: Was -- 20 THE COURT: Rephrase. 21 Q Was one of the factors in the RFP or the RFQ, anywhere, in 22 any contract that you've ever seen for the city, whether the 23 company was willing to contribute money to the mayor for the 24 contract? 25 A No, sir. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 83 of 213 Dougherty - Direct/Wzorek 84 1 Q And it cost money for all of these companies to submit 2 these RFQs or RFPs. Is that right? 3 A Yes. It takes time to compile it, and time is money. 4 Q And as you said, there was a valuation committee who might 5 ask people to come in for interviews. Is that right? 6 A Correct. Oftentimes, they had to put -- they had to come 7 in for interviews, for the question and answer time that staff 8 may have had, yes. 9 Q So if a contract was fixed in some way, those companies -- 10 MR. MCMAHON: Again, I object to the -- 11 MR. WZOREK: Can I finish? 12 MR. MCMAHON: -- leading nature of the question. 13 MR. WZOREK: Can I finish? 14 THE COURT: Excuse me. Let him finish. I agree. 15 Q So if a contract was fixed in some way, those companies 16 would lose the money that they expended for the RFQ or the RFQ 17 -- or RFP, relying on what the city said. Is that correct? 18 MR. MCMAHON: Objection. 19 THE COURT: State your grounds. 20 MR. MCMAHON: Leading. It's totally -- he tells them 21 the whole story and then says is that right? And that's -- 22 THE COURT: No speeches. Just one or two words. The 23 objection is overruled. I'll permit the answer. You may 24 answer the question. 25 THE WITNESS: You've got to repeat it. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 84 of 213 Dougherty - Direct/Wzorek 85 1 MR. WZOREK: Oh, no. 2 Q So -- let me think. So if the contract was fixed, if a 3 contract was fixed. 4 A The companies would lose money. 5 Q The companies would lose money based on representations of 6 the city that they were going to be fair -- 7 A It wasn't a level playing field. Correct. 8 Q It wasn't a level playing field. Was there a level 9 playing field in the street lights contract? 10 A It was not. 11 Q And who disbalanced or misbalanced that level playing 12 field? 13 A I did. 14 Q By whose direction? 15 A At the mayor's behest. 16 Q How did you do it? 17 A How did I do it? We did it through his political 18 consultants. 19 Q And who was that? 20 A Jim Hickey, specifically. 21 Q Okay. Who was Jim Hickey? 22 A Jim Hickey is a political consultant whose client happened 23 to be TEN, The Efficiency Network. 24 Q Okay. What did you do in relationship with Mr. Hickey? 25 A Mr. Hickey had provided a thumb drive to me of RFQs and ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 85 of 213 Dougherty - Direct/Wzorek 86 1 RFPs that the TEN -- that the company TEN had used successfully 2 in other municipalities, in such language that they won, should 3 it be incorporated into the Allentown language. 4 Q Now, normally were you involved in this process at all of 5 developing the RFP or RFQ language that was going to go out to 6 the public? 7 A No, sir. I never involved myself in that. 8 Q Why did you get involved with this one? 9 A Because this was at the behest of the mayor, and this was 10 a critically important contract for his political future. 11 Q Why? 12 A Because it represented a very important stakeholder in 13 Western Pennsylvania that he needed to achieve higher office. 14 Q And where did you get this RFQ from, from Mr. Hickey? Do 15 you remember where you were when you got it? 16 A We were at a restaurant here in Allentown, yes. 17 Bellissimo's, I think. I may be -- 18 Q Italian food? 19 A I'm sorry? 20 Q Italian food? 21 A Italian food, yeah, that's the only thing I eat, yes. 22 Q And what did you do with it when you got it? Because you 23 -- well, what did you do with it when you got the RFQ, 24 specifically? 25 A Well, it was more than RFQs, it was RFQs and RFPs language ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 86 of 213 Dougherty - Direct/Wzorek 87 1 -- 2 Q Okay. 3 A -- so I think it was a variety of successful ones that 4 they had won. 5 Q What did you do with it? 6 A That included Reading and Harrisburg. I had brought that 7 thumb drive back to my office, made a printout and I gave it to 8 the Public Works director, and I said use these language. 9 Q Who was the Public Works director at that time? 10 A The Public Works director was a gentleman named Craig 11 Messenger. 12 Q Now, when this contract was -- or when this project was 13 first discussed, did Public Works want to handle this contract 14 or this project themselves? 15 A You know, there's debate about that. They wanted to 16 handle some aspects of it, and I had some disagreements with 17 the Public Works director, that he did not have the capacity to 18 do it all in house. That he needed help, and basically forced 19 his hand to do it all by contractual basis. 20 Q Now, you said the mayor wanted TEN to win this contract. 21 Did he continue to get information or updates from you during 22 the course of the process, the contracting process? 23 A Yes, all the time. 24 Q In what way? 25 A It would take the form of him walking a few feet into my ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 87 of 213 Dougherty - Direct/Wzorek 88 1 office. Hey, where are we with the contract? Where are we in 2 the process? What's the time frame? Updates, in effect. 3 Q Did he ask you or suggest any favorites other than TEN for 4 this contract? 5 A No, sir. 6 Q After you gave the paperwork, the thumb drive or the 7 printouts of the RFQ and RFP paperwork to Mr. Messenger at 8 Public Works, what happened? 9 A Yeah, it was the paperwork. I don't believe I gave him 10 the thumb drive. They were supposed to use whatever operative 11 language, favorable language, to TEN, to incorporate into 12 Allentown's own RFQ and send it out. They did. They sent it 13 out, but it did not contain any -- did not contain some 14 operative favorable language that the Mayor and Patrick Regan 15 and Jim Hickey and Sam Ruchlewicz had wanted. 16 Q And I guess it's probably a stupid question, but I'll ask 17 it anyway. But the idea was by including this language to make 18 the contract won -- be won by TEN. Is that right? 19 A Correct. 20 Q How did you find out that the language was not in the RFQ? 21 A I believe it was the first phone call I got from 22 Jim Hickey. 23 Q Okay. And what did he say? 24 A What happened to the language in the RFP, or RFQ, rather? 25 And I said -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 88 of 213 Dougherty - Direct/Wzorek 89 1 Q And you were unaware of that. Is that right? 2 A I was. I didn't read any RFQs or RFPs. 3 Q Okay. 4 A So I didn't know what they were talking about. 5 Q What was the second call you had? You said Mr. Hickey 6 called you first. Who else called you about this? 7 A Sam Ruchlewicz called. You know, what happened here? 8 Then I had to go report to the mayor, who had already known 9 about it. 10 Q What did he say to you? 11 A And you know, same thing. What happened here? You know, 12 who do I need to fire over this? And -- 13 Q Who do I need to fire over this? 14 A Yes. 15 Q He said that to you? 16 A Yes. 17 Q What else? 18 A How did this happen? Look into this. This should not 19 have happened. And this is embarrassing for me, this is not 20 good for me. 21 Q What did you do? 22 A From that, from there, I went back to my office, I shot 23 off an email to Craig Messenger saying hey, I just learned. 24 Why wasn't this language incorporated into the qualification 25 proposal? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 89 of 213 Dougherty - Direct/Wzorek 90 1 Q Did you meet with him? 2 A I don't know whether I met with him that day, but I was 3 meeting with him all the time, and we had subsequent meetings 4 about that, but that came later. 5 Q Did you suggest somebody had to be fired? 6 A Yes. I put in an email that, you know, you know, who do I 7 need to fire here? Correct. 8 Q Did you subsequently get a phone call for information that 9 after these efforts had been made that -- and failed to file 10 their RFQ on time? 11 A Yes, I did. 12 Q And when an RFQ or an RFP goes out, there are certain 13 deadlines set on that paperwork. Is that right? 14 A Yes. The city imposes deadlines by which submissions must 15 be received by the City of Allentown. 16 Q Okay. And how did you get that information that TEN had 17 failed to submit their paperwork on time? 18 A I believe the first notification came either from Beth Ann 19 in procurement or from Craig that the time had closed by which 20 acceptance of the qualifications were there, and there was no 21 proposal from TEN. And then all hell broke loose. 22 Q Why -- what do you mean, all hell broke loose? 23 A That after all this rigging of the contract, after all 24 this assistance they received, they did not get their 25 submission in on time, and it led to a forensic of what -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 90 of 213 Dougherty - Direct/Wzorek 91 1 about what happened here. So a phone call from me to Sam 2 Ruchlewicz saying, hey, even -- probably using some expletives, 3 what happened here? And what happened to your guy? And he 4 says let me get back to you. He eventually got back to me, 5 saying that it was indeed received in the mailroom, but not the 6 procurement office. Someone might have been out to lunch, but 7 he did provide a receipt which from either -- I don't think it 8 -- it may have been FedEx, time stamped, that it was received 9 on time. And somewhere in City Hall, but not by procurement. 10 Q So ultimately, was TEN's Request for Qualifications 11 allowed to be filed, even though it was filed late? 12 A It was. I allowed that and others to proceed, yes. 13 Q And there was some other company as well that got there 14 late then. 15 A Yes. I received a phone call from someone out of the blue 16 who said they were submitting a proposal. I don't recollect 17 who that company was. I think there were six submissions, and 18 I allowed that one to proceed, even though they were 19 categorically late. They couldn't prove they were actually 20 there. 21 Q So there were five other companies other than TEN who 22 submitted requests for qualifications. Is that right? 23 A Yeah, I believe there were approximately six total who 24 responded. 25 Q And five other companies who would have expended money ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 91 of 213 Dougherty - Direct/Wzorek 92 1 putting a proposal together, perhaps having interviews, 2 whatever it required them to do to get the submission in. Is 3 that correct? 4 A Oh, I'm sure they -- yes. I think that's a fair 5 statement. 6 Q And then ultimately from those six, two were listed as 7 finalists. Is that right? TEN and Johnson Controls? Is that 8 correct? 9 A Yeah. The evaluation committee reviewed the submissions, 10 and they came up with two of the six companies that they wanted 11 to actually issue the RFP to, and that -- one was TEN, and one 12 was, I believe, Johnson Controls. 13 Q When the Request for Proposal went out, did you send that 14 to anyone? 15 A Yes. 16 Q Who did you send it to? 17 A I'd sent it to I believe Jim Hickey, and I don't know 18 whether I sent it to Same, but -- 19 Q And why did you do that? 20 A Again, to give them a competitive edge. 21 Q Okay. At whose request was that? 22 A At the mayor's request, Sam Ruchlewicz's request, 23 Mike Fleck's request, and Jim Hickey's request. 24 Q All from the beginning, correct? 25 A I'm sorry? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 92 of 213 Dougherty - Direct/Wzorek 93 1 Q From the beginning? 2 A From the beginning. 3 Q Was that unusual, for you to get involved again in RFP, in 4 sending out RFP and -- 5 A I never got involved in RFPs, RFQs, during my tenure 6 there, save for this period of time. 7 Q Did you have any conversations with the mayor about his 8 expectations about TEN after they got the contract? 9 A Yes, I did. 10 Q What did he say? 11 A The expectations, once -- you know, Patrick Regan had 12 gotten the contract, that, you know, there would be a major 13 fundraiser for him out in Pittsburgh, and he'll be on his way. 14 MR. MCMAHON: Objection, Your Honor, as to who's 15 speaking, who's (indiscernible). 16 THE COURT: I thought it was a conversation with the 17 mayor, but -- 18 MR. MCMAHON: I didn't know -- I wasn't sure. 19 THE COURT: Very well. Could you clarify? 20 Q Was that with the mayor? 21 A That conversation was with the mayor. 22 Q Could you say that again, please? What did he tell you 23 again? 24 A That that would go a long way for Patrick Regan to hold a 25 major fundraiser for the mayor, and it would basically cement ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 93 of 213 Dougherty - Direct/Wzorek 94 1 his way out there in Pittsburgh for further fundraising. 2 Q After the -- and TEN won the contract, correct? 3 A TEN won the contract, yes. Johnson Controls failed to 4 submit -- 5 Q TEN was given the contract, right? 6 A Oh, absolutely. Yes. 7 Q After that day in July, July 2nd, 2015, when the FBI came 8 to City Hall, did you have conversations with the mayor about 9 what he said his knowledge was about the TEN contract? 10 A His knowledge? 11 Q Did he deny knowing about this contract? 12 A Oh, he did. He denied everything. 13 Q Is that true? 14 A No. 15 Q Was that unusual for him to deny something like this after 16 facts changed? 17 A Oh, no. It was in his DNA, he's often known for that, 18 yes. 19 MR. WZOREK: Would you play MF 6165 please? We'd 20 move to admit, Your Honor, MF 6165 and be published to the 21 jury. 22 THE COURT: M? 23 MR. WZOREK: MF 6165. 24 THE COURT: Okay. Any objection? 25 MR. MCMAHON: No, Your Honor, none. I'm just trying ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 94 of 213 Dougherty - Direct/Wzorek 95 1 to find it. 2 THE COURT: Okay. Give me a minute, I'm trying to 3 find it too. I apologize, could you repeat the number again? 4 MR. WZOREK: 6165, Your Honor. 5 THE COURT: 6165. 6 (Portion from 12:03 p.m. to 12:05 p.m. not transcribed) 7 (Government's Exhibit MF 6165 admitted into evidence) 8 (Audio played as follows:) 9 MR. FLECK: What's up, Pat? 10 MR. REGAN: Hey, what's happening? Are you around 11 Friday? 12 MR. FLECK: Yeah, it's real -- no -- 13 (End of Audio) 14 (Portion from 12:06 p.m. to 12:09 p.m. not transcribed) 15 (Audio played as follows:) 16 MR. FLECK: Yes and no, I mean, I have closing on a 17 property on Friday. 18 MR. REGAN: Okay. 19 MR. FLECK: What time are you thinking? 20 MR. REGAN: Well, I'm going to try and get out there 21 in the morning, and then I'm going to go to the event, but I 22 want to see if there's a way to meet you down on Fran. 23 MR. FLECK: Okay. Fran doesn't want to sit down with 24 you -- 25 MR. REGAN: Meet with you and -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 95 of 213 Dougherty - Direct/Wzorek 96 1 MR. FLECK: Fran doesn't want -- 2 MR. REGAN: What's that? 3 MR. FLECK: -- to sit down with you -- you set up a 4 process, Fran's got to have a process. All you have to do is 5 rewrite the RFP the way you want it to be -- 6 MR. REGAN: Okay. 7 MR. FLECK: -- and give it back to Hickey -- 8 MR. REGAN: All right. 9 MR. FLECK: -- and Hickey'll give it to Fran. 10 MR. REGAN: Yeah. 11 MR. FLECK: He wants a degree of separation. Fran's 12 not going to meet with anybody. 13 MR. REGAN: Yeah. 14 MR. FLECK: He wants -- 15 MR. REGAN: Yeah, no, I understand. 16 MR. FLECK: -- a degree of separation. If you look 17 -- 18 MR. REGAN: But I -- 19 MR. FLECK: -- if you look at that -- yeah. Yeah, if 20 you look at that document, it's got maybe Phillips all over it, 21 not the other guy, so that was a false alarm on my part 22 yesterday. 23 MR. REGAN: That's all right. No problem. We'll get 24 it together. 25 MR. FLECK: Okay. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 96 of 213 Dougherty - Direct/Wzorek 97 1 MR. REGAN: Whatever we got to do to make it right, 2 we'll get it done right. 3 MR. FLECK: All right. All right. Sounds good. I 4 will -- 5 MR. REGAN: And what time were you -- 6 MR. FLECK: -- then maybe we can meet -- 7 MR. REGAN: -- free to -- I have a closing that starts 8 at one o'clock, so I can meet between -- before one o'clock. 9 MR. FLECK: All right. Let's shoot for like 11. Is 10 that the best? 11 MR. REGAN: Yeah, that would be great. 12 MR. FLECK: How about 11? Let's go 11. Okay. Pat 13 Regan. Mike and Sam. 14 MR. REGAN: At our office? 15 MR. FLECK: Yeah. All right. Very cool, man. I 16 promise you, it's on track. 17 MR. REGAN: Yeah, no, no, I just, I mean I want to 18 make sure that the process doesn't eliminate competition, 19 including us. But I've got it -- 20 MR. FLECK: But we want the process to eliminate as 21 much competition as possible. 22 MR. REGAN: Yeah, but it's -- it -- 23 MR. FLECK: But not you. 24 MR. REGAN: -- I mean, in the document. 25 MR. FLECK: Yeah, the document has that -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 97 of 213 Dougherty - Direct/Wzorek 98 1 MR. REGAN: Yeah, the document we got yesterday -- 2 MR. FLECK: -- but we can come up with a way that you 3 know -- 4 MR. REGAN: It's like -- 5 MR. FLECK: -- that we -- I think you should -- we 6 can put things in the RFP, we could talk about this in person 7 better, but -- 8 MR. REGAN: Well, yeah. 9 MR. FLECK: -- what about a section that says it's 10 weighted heavier for people who have done similar projects? 11 They get points if you've done a similar successful project in 12 the Lehigh Valley? 13 MR. REGAN: Sure. Sure, exactly. 14 MR. FLECK: You're the only one that's done that, and 15 you can get a few extra points just for being that guy. 16 MR. REGAN: Yeah, I mean -- 17 MR. FLECK: You know what I mean? 18 MR. REGAN: -- yeah, right, right, exactly. Okay. 19 All right, good. 20 MR. FLECK: So things like that, we can put in -- 21 MR. REGAN: All right, well, I -- 22 MR. FLECK: -- and we can take out everything you 23 want. Let's talk -- let's go through the RFP. You want me to 24 have Hickey here? We can go through the RFP on Friday? 25 MR. REGAN: I asked him if he was going to be around, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 98 of 213 Dougherty - Direct/Wzorek 99 1 he said he was going to be in Boston or something like that. 2 MR. FLECK: Oh, well, that's not helpful. 3 MR. REGAN: Or just getting back from Boston or 4 something. 5 MR. FLECK: Maybe I can get him on the phone when 6 we're here, and we can then get him to -- 7 MR. REGAN: Yeah, that would be good, yeah. 8 MR. FLECK: -- yeah, then we'd get him back. Oh 9 yeah, we can make -- 10 MR. REGAN: That's right. 11 MR. FLECK: -- all the changes we want to this RFP. 12 MR. REGAN: Okay. All right. Great. I'll be 13 working on it in the meantime, so I'll have a -- kind of a 14 draft filed by the time I get out there. 15 MR. FLECK: Oh, good. Good deal. And it's all going 16 to work out, no worries. 17 MR. REGAN: All right, Mike. 18 (End of Audio) 19 Q Before you (indiscernible). Do you recognize that voice? 20 A Yes. Mike Fleck. 21 Q And did you have any personal contact with Patrick Regan? 22 Were you able to recognize his voice? 23 A Yes, I did. 24 Q Do you recognize that voice? 25 A I do. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 99 of 213 Dougherty - Direct/Wzorek 100 1 Q And who was that? 2 A Patrick Regan. 3 Q Okay. The people you've mentioned earlier, Mr. Hickey, 4 Mr. Ruchlewicz, Mr. Regan, they're all mentioned in this 5 conversation. Is that correct? 6 A They were. 7 MR. WZOREK: Now, we'd ask to play SR 11925, and we 8 move for admission and publication to the jury. 9 THE COURT: Any objection? 10 MR. MCMAHON: No objections, I've got to find it. 11 THE COURT: This is SR? 12 MR. WZOREK: 11925. 13 (Counsel confer) 14 MR. WZOREK: Permission for publication, Your Honor? 15 THE COURT: You may. 16 (Audio played as follows:) 17 MR. HICKEY: There are shenanigans and tomfoolery 18 that I need to apprise you of. 19 MR. RUCHLEWICZ: Okay. 20 MR. HICKEY: Our lighting RFP in Allentown. 21 MR. RUCHLEWICZ: Yeah, I heard about this. Our good 22 friends Phillips -- 23 MR. HICKEY: Phillips just -- 24 MR. RUCHLEWICZ: -- are trying to fuck with it. 25 MR. HICKEY: Yeah, they're trying to make it a no-bid ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 100 of 213 Dougherty - Direct/Wzorek 101 1 to them through some Safe Coverage programs. 2 MR. RUCHLEWICZ: Yes. 3 MR. HICKEY: That would be bad on a variety of 4 levels, particularly on a competitive level, because there are 5 about three or four different vendors who can do what Phillips 6 does, and you know, you're not going to hit the best price. 7 MR. RUCHLEWICZ: Right. Don't worry, we'll make that 8 go away. 9 MR. HICKEY: Okay. 10 MR. RUCHLEWICZ: That's the first I've heard of it, 11 but we'll kill that. 12 MR. HICKEY: When is our RFP running? Do we know? 13 MR. RUCHLEWICZ: No, Fran hasn't called me back. I 14 put a call -- Patrick called me this morning about this issue, 15 and I called Fran immediately. 16 MR. HICKEY: Okay. 17 MR. RUCHLEWICZ: So as soon as I have the information 18 from Fran -- 19 MR. HICKEY: Okay. 20 MR. RUCHLEWICZ: -- all will be well, but I think 21 that Phillips is going to find that things are a little more 22 difficult to get done here. 23 MR. HICKEY: Well, and I imagine what they're 24 probably doing is attacking it at a mid-level bureaucrat 25 standpoint, you know, they're trying to sneak it through. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 101 of 213 Dougherty - Direct/Wzorek 102 1 MR. RUCHLEWICZ: Yeah, well -- 2 MR. HICKEY: I can't even tell them, because look if 3 they went to Ed, or if they went to Fran, it gets shot down 4 right? 5 MR. RUCHLEWICZ: Yep. 6 MR. HICKEY: So, you know, they're probably attacking 7 it at a mid-level, and you know, that's -- 8 MR. RUCHLEWICZ: Well, the hammer of God is about to 9 come down. 10 MR. HICKEY: Yeah. 11 MR. RUCHLEWICZ: Some mid-level idiot fucked up. 12 MR. HICKEY: Yeah, because I mean, we could have this 13 fucking deal done this year if we just get the goddamned RFP 14 run. 15 MR. RUCHLEWICZ: Yeah, I agree. 16 MR. HICKEY: I will not -- if you don't -- call me 17 back, I'm going to be driving for six fucking hours, so if Fran 18 doesn't call you by like 5 or 6: A, give me a wakeup call, 19 because I'll be somewhere in northwest Pennsylvania 20 half-asleep, and you'll prevent me from dying in a fiery wreck; 21 and B, I will then call Fran. I don't want to call him and bug 22 him too much, but if he doesn't get back to you today, I'll 23 call him tomorrow morning. 24 MR. RUCHLEWICZ: All right. Sounds good. 25 MR. HICKEY: All right, man. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 102 of 213 Dougherty - Direct/Wzorek 103 1 MR. RUCHLEWICZ: All right, thanks. 2 (End of Audio) 3 Q Do you recognize the voices on that conversation, 4 Mr. Dougherty? 5 A I do. 6 Q And who are they? 7 A Jim Hickey and Sam Ruchlewicz. 8 MR. WZOREK: Your Honor, I would move to play SR 205. 9 THE COURT: SR 205. 10 MR. WZOREK: November 19th, 2014. Move for the 11 admission and publication to the jury, Your Honor. 12 THE COURT: Okay. Any objections? 13 MR. MCMAHON: No objections. 14 THE COURT: It's admitted, you may publish it. 15 (Government's Exhibit SR 205 admitted into evidence) 16 (Counsel confer) 17 MR. WZOREK: If I can play it, Your Honor? 18 THE COURT: Yes, you may. 19 (Audio played as follows:) 20 MR. DOUGHERTY: Our first priority for '15 would be 21 (indiscernible). 22 MR. RUCHLEWICZ: Okay. Great. 23 MR. DOUGHERTY: That's an offer for (indiscernible). 24 MR. RUCHLEWICZ: Yeah. Yeah. Yes, I do. That would 25 make my life very easy up here. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 103 of 213 Dougherty - Direct/Wzorek 104 1 MR. DOUGHERTY: I'm going to update the RFP and get 2 that sent out. 3 MR. RUCHLEWICZ: Hickey gave you the changes? 4 MR. DOUGHERTY: Yep. 5 MR. RUCHLEWICZ: Very good. 6 MR. DOUGHERTY: Yeah, and we had that -- my guy put 7 the changes in, so that's good. 8 MR. RUCHLEWICZ: All right. Anything that hurts us? 9 MR. DOUGHERTY: (Indiscernible). 10 MR. RUCHLEWICZ: Okay, good. He changed it 11 backwards? 12 MR. DOUGHERTY: Yes. 13 MR. RUCHLEWICZ: Thank you. Now, once the street 14 lights are done, that's a $3 million project. A nice size. 15 MR. DOUGHERTY: Right. 16 MR. RUCHLEWICZ: That'll pay for a few Christmas 17 cards to Sammy. 18 MR. DOUGHERTY: Yep. Very good profit. 19 MR. RUCHLEWICZ: Oh 5C Security. That's their other 20 little company. The crazy guys that came in. 21 MR. DOUGHERTY: The Mossad agents. 22 MR. RUCHLEWICZ: The Mossad agents, yes. Are we 23 doing anything with them back of the -- yeah? 24 MR. DOUGHERTY: We're going to have to give them 25 something because if we don't give them anything, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 104 of 213 Dougherty - Direct/Wzorek 105 1 (indiscernible) there's more I forgot to demonstrate that we 2 have something to give. 3 MR. RUCHLEWICZ: Yes. We have to give them something 4 to go -- can we get them something steady, a random thing? 5 MR. DOUGHERTY: Probably be easier for me to do 6 something like the (indiscernible). 7 MR. RUCHLEWICZ: Yeah, absolutely. Than what we're 8 doing. 9 UNIDENTIFIED: Yeah, absolutely. That's what we're 10 doing 11 MR. DOUGHERTY: Moving them up to a (indiscernible). 12 UNIDENTIFIED: Yeah. And who knows, you know, once 13 we start working together, I mean, those are who said they were 14 on the Olympic team -- 15 MR. DOUGHERTY: I'll work with Jack and try to get 16 Jack to come back and -- 17 UNIDENTIFIED: You know. 18 (End of Audio) 19 Q Do you recognize the voices on that conversation, 20 Mr. Dougherty? 21 A I do. 22 Q And what is it? 23 A Sam Ruchlewicz and myself. 24 Q The first part of the conversation, you're talking about 25 the TEN contract. Is that right? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 105 of 213 Dougherty - Direct/Wzorek 106 1 A Yes. 2 Q And when you say, my guys put other changes in which was 3 not good, is that what you discussed earlier, that when they 4 changed the language of the RFQ before -- 5 A Correct, sir. 6 Q And then you said, it didn't -- but it was changed, it was 7 changed back again. Is that right? 8 A I believe it was, yes. 9 Q And it was changed a second time again? 10 A I believe it was, yes. 11 Q The second part of this conversation starts talking about 12 5C Security. Did you see that? 13 A I did. 14 Q Was that a company that predated Ciiber, or was related to 15 Ciiber in some way? 16 A I believe it was the predecessor, a predecessor name to 17 Ciiber. 18 Q And you mentioned Mossad agents. What was that all about? 19 A The gentleman from -- who represented 5C were 20 self-admitted former Israeli Mossad agents who worked on 21 technology in Israel. 22 Q And about the fifth line down, you say it's not the -- 23 we're going to have to give them something, because if we don't 24 give them anything for this, I mean, the boss has got to 25 demonstrate they can get something for them. Right? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 106 of 213 Dougherty - Direct/Wzorek 107 1 A Correct. 2 Q Who's the boss? 3 A The boss is the mayor. 4 MR. WZOREK: Move to play, Your Honor, SR 31003. 5 THE COURT: Very well. Could you give me a second? 6 MR. WZOREK: Okay. 7 THE COURT: Let me speak to Jen? 8 (Portion from 12:20 p.m. to 12:21 p.m. not transcribed) 9 MR. WZOREK: We move to admit, Your Honor, and to 10 publish 31003 for the jury. 11 THE COURT: 31 -- say that again? 12 MR. WZOREK: 31003. 13 THE COURT: Okay. Any objection? 14 MR. MCMAHON: No. 15 THE COURT: It's admitted. 16 (Government's Exhibit SR 31003 admitted into evidence) 17 (Audio played as follows:) 18 MR. REGAN: Sam. 19 MR. RUCHLEWICZ: Patrick, how are you? 20 MR. REGAN: Doing well, man, how about you? 21 MR. RUCHLEWICZ: I'm doing great, life is good. 22 MR. REGAN: Yeah? 23 MR. RUCHLEWICZ: Yeah, did you hear -- did Jim talk 24 to you? 25 MR. REGAN: No. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 107 of 213 Dougherty - Direct/Wzorek 108 1 MR. RUCHLEWICZ: All right, so we've got the SLR -- 2 the street lights RFP, I'm sorry, street lights RFP will be out 3 on the street on Friday of this week. 4 MR. REGAN: Friday, okay. 5 MR. RUCHLEWICZ: It's coming out Friday. We 6 shortened the -- 7 MR. REGAN: I've got it. 8 MR. RUCHLEWICZ: -- turnaround to two weeks. 9 MR. REGAN: Oh, all right. Excellent. 10 MR. RUCHLEWICZ: But -- 11 MR. REGAN: No problem. 12 MR. RUCHLEWICZ: -- it's all queued up and ready to 13 go for you. 14 MR. REGAN: Awesome. Awesome. 15 MR. RUCHLEWICZ: Yes, sir. 16 MR. REGAN: Okay. Fantastic. I know what to do, and 17 very good. 18 MR. RUCHLEWICZ: (Indiscernible). 19 MR. REGAN: We are going to put our 100 percent best 20 foot forward, as you might expect, and we're thrilled, and 21 thanks for the information. 22 MR. RUCHLEWICZ: No problem. 23 MR. REGAN: Yeah, I might be out there next week. 24 MR. RUCHLEWICZ: Let me know what days. We'll be -- 25 MR. REGAN: I'll -- yeah -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 108 of 213 Dougherty - Direct/Wzorek 109 1 MR. RUCHLEWICZ: -- we'll be -- 2 MR. REGAN: I'll let you know. 3 MR. RUCHLEWICZ: -- we're going to be gone -- I will 4 not be here on the 5th, and neither will anybody else. We're 5 all going down to Philly for the day, but any other day should 6 be fine. 7 MR. REGAN: Let me see. Let me see what's going to 8 -- I'm just kind of making a move to the east there. So I'll 9 give you a heads up. I'll give you a heads up. 10 MR. RUCHLEWICZ: Very good. 11 MR. REGAN: I've still got -- 12 MR. RUCHLEWICZ: That's a -- 13 MR. REGAN: -- I've still got -- what's that? 14 MR. RUCHLEWICZ: Go ahead. Go ahead, no, what were 15 you going to say? 16 MR. REGAN: I've still got to drop something in the 17 mail to you. 18 MR. RUCHLEWICZ: Yeah, so that's actually -- that's 19 the other reason I was calling you. 20 MR. REGAN: Yeah. Which means I've got to do that 21 tomorrow. 22 MR. RUCHLEWICZ: Yes. Please do that as soon as 23 possible. 24 MR. REGAN: With a copy of -- I'm going to put a copy 25 of the event I know we -- I promised you this. So I did not ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 109 of 213 Dougherty - Direct/Wzorek 110 1 forget. 2 MR. RUCHLEWICZ: Very good. Okay, good. 3 MR. REGAN: Very important. 4 MR. RUCHLEWICZ: Very important, yes. 5 MR. REGAN: Okay. 6 (End of Audio) 7 Q Did you recognize the voices in that conversation, 8 Mr. Dougherty? 9 A I do. 10 Q And who is it? 11 A Patrick Regan and Sam Ruchlewicz. 12 Q Mr. Ruchlewicz says, yeah, did Jim talk to you? Do you 13 believe that is Mr. Hickey? 14 A That's Mr. Hickey. 15 Q And then prior to that, there's a reference to an ESCO R, 16 is that what you were talking about before in the energy 17 contract? 18 A I was, yes. 19 Q Mr. Ruchlewicz then says, we shortened the turnaround to 20 two weeks. Do you know what that means? 21 A He's referring to the shortened or truncated response time 22 that the city would allow those receiving the RFQ to respond, 23 again, giving another competitive edge to TEN. 24 Q And so how did that give them a competitive edge? 25 A Because they already had an advance copy of the RFQ, and ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 110 of 213 Dougherty - Direct/Wzorek 111 1 they knew the language, and I'm sure they probably started work 2 earlier than the others who did not have the same material. 3 A And you sent them the RFP. Is that correct? 4 A I did. 5 Q So any other firm would not have had those advantages? 6 A No, sir. 7 Q And if a firm -- if any of the other firms -- well, 8 (indiscernible). 9 MR. WZOREK: I would ask to play Government Exhibit 10 SR 32664, move for admission and publication to the jury. 11 THE COURT: Any objection? 12 MR. MCMAHON: Would you repeat that? 13 THE COURT: 32 -- 14 MR. MCMAHON: Just one second -- the only objection 15 is finding it. 16 THE COURT: Yeah, I know, I agree, I'm having the 17 same problem. So it's SR 32664. 18 (Government's Exhibit SR 32664 admitted into evidence) 19 (Audio played as follows:) 20 MR. HICKEY: Yeah. I hope you listened to my 21 voicemail last night. We have a -- I'd call it a minor problem 22 on the scale of one to ten a two and a half on the lighting 23 RFP. 24 MR. RUCHLEWICZ: What's the minor problem? 25 MR. HICKEY: Well, you know how Fran kept giving me ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 111 of 213 Dougherty - Direct/Wzorek 112 1 drafts and I'd review them and give them back to him and say 2 yeah that's good, or, you know, you -- 3 MR. RUCHLEWICZ: Yeah? 4 MR. HICKEY: We tossed back and forth probably four 5 drafts. And each one with minor tweaks and I would comment on 6 them and get them back to him. Well, I never read it when it 7 came out, and I was with Patrick yesterday, and he tells me 8 what he has is actually nothing like the draft we were kicking 9 around for six months. It's an entirely new document. All 10 they did was take the Harrisburg -- the document Harrisburg did 11 and the one Pittsburgh, they're in the same document, and they 12 used that one instead. So I find it odd, because, you know, 13 from a Lehigh standpoint that -- 14 MR. RUCHLEWICZ: Yeah, me too. 15 MR. HICKEY: -- somebody at -- somebody at the last 16 minute replaced (indiscernible). Now what they don't realize 17 that Patrick actually wrote those, as well, all right, so that 18 isn't the problem. But there are two problems are 19 (indiscernible) to this. One, it strikes me that somebody 20 below Fran in the food chain is trying to fuck with this, and 21 they might think that okay, maybe the mayor has a favorite son, 22 and that's where these drafts came from, unh-unh, fuck that, 23 we're going to change it at the last minute. That's paranoid 24 Jimmy. And paranoid Jimmy's not often wrong, paranoid Jimmy is 25 paranoid because, you know, he's been around a lot. And, you ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 112 of 213 Dougherty - Direct/Wzorek 113 1 know, we've had problems in the past with somebody trying to 2 fuck us, right? 3 MR. RUCHLEWICZ: Yeah. 4 MR. HICKEY: On the before deal. We don't know who, 5 but we know somebody. Now the second problem, which is more 6 real, is remember we had the whole thing about here we had a 7 couple bullet points in there to address streetscaping. 8 Remember that? 9 MR. RUCHLEWICZ: Yeah? 10 MR. HICKEY: And that gave us -- that accomplished 11 many important goals. One, it got Sarah Halestrom (phonetic) 12 firmly in our camp, because Sean Boyle is partnered with Ken. 13 And two, I confirmed with Sarah, they still have the $600,000 14 grant that they need to use for streetscaping. They really 15 want to do it as part of this project, because -- for a variety 16 of reasons, not least of which is we're going to be doing a 17 lighting study, so they would rather not pay for a separate 18 lighting study, they would rather be part of our lighting 19 study, right? 20 MR. RUCHLEWICZ: Makes sense. 21 MR. HICKEY: When they want to do all that. Three, 22 all the good reasons to combine them that we discussed a year 23 and a half ago, you know, it minimizes pedestrian and vehicular 24 traffic disruption, et cetera, et cetera. So those are all 25 reasons why the streetscaping should be included in there, and ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 113 of 213 Dougherty - Direct/Wzorek 114 1 it's not. 2 Four, and now -- and this is -- could be kind of 3 relevant to Sam and Mike and Jim, well, you know, we've got 4 it -- 5 MR. RUCHLEWICZ: It's a $600,000 worth of project. 6 MR. HICKEY: Yeah, Sam asked me -- so. Now, I talked 7 to Patrick. They're going to include Sean anyway in their 8 response, because one could well argue that the scope of this 9 thing is broad enough that the city could include the 10 streetscaping underneath it if it wanted to, we don't need to 11 include it in the RFP, but I just want Fran to be aware that 12 somehow this switcharoo happened at the last minute. 13 MR. RUCHLEWICZ: All right. 14 MR. HICKEY: And I called Fran and I left him a 15 message. (Indiscernible). 16 MR. RUCHLEWICZ: What? 17 MR. HICKEY: I called Fran yesterday and asked him to 18 give me a holler, but I also presumed he's probably meeting 19 with his -- dealing with a snow emergency or something right 20 now. 21 MR. RUCHLEWICZ: I'm sure he is, but -- 22 MR. HICKEY: Yeah. 23 MR. RUCHLEWICZ: Well, whoever's kind of fucking with 24 us is not much appreciated. 25 MR. HICKEY: Somebody's screwing with us, because ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 114 of 213 Dougherty - Direct/Wzorek 115 1 like, you know, in -- I think four times Fran asked me to take 2 a look at the draft and see if it's what you guys 3 (indiscernible) and twice all of the streetscaping had been 4 pulled out, so I advised Fran that yeah, we need to put them 5 back. Other than that being pulled out, that's what was 6 discussed. And every time, he had it put back in. And now at 7 the last minute, whoever ran this, they ran a completely -- 8 basically, a completely different document than the one that 9 was discussed. 10 MR. RUCHLEWICZ: The little shits. 11 MR. HICKEY: So we don't have a problem responding to 12 this particular RFP, because we responded to it in Harrisburg 13 in one, and we responded to it in Pittsburgh, and we're on the 14 short list, and we think we're going to get at least 15 (indiscernible). But until -- you know, it raises the greater 16 question is, whoever was trying to fuck us before is still 17 trying to fuck us. 18 MR. RUCHLEWICZ: All right. 19 MR. HICKEY: So I thought I'd let -- 20 MR. RUCHLEWICZ: The document you reviewed with Fran, 21 was it an RFQ or an RFP? 22 MR. HICKEY: I don't remember. I think it was kind 23 of a hybrid. It was -- 24 MR. RUCHLEWICZ: Okay. 25 MR. HICKEY: -- under titled -- the one we read was ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 115 of 213 Dougherty - Direct/Wzorek 116 1 titled an RFP, but it was actually an RFQ, and allowed the city 2 to shortlist off the qualifications and then pick after 3 interviewing. 4 MR. RUCHLEWICZ: Okay. All right, I'm going to call 5 Fran. 6 MR. HICKEY: I mean, the more -- obviously, that, you 7 know, the fact that it's not the same document that we've been 8 discussing for six months, you know, that is instructive but 9 not really the issue. The issue really is, A., is somebody 10 trying to fuck us, and B., what -- you know, is there a problem 11 with the streetscaping being out? I think we can probably 12 include it without it being in the RFP, but, you know, they 13 need to be aware of it. 14 (End of Audio) 15 (Portion from 12:32 p.m. to 12:34 p.m. not transcribed) 16 (Recess) 17 (Portion from 1:33 p.m. to 1:36 p.m. not transcribed) 18 Q Mr. Dougherty, we stopped before the lunch break after 19 listening to the tape that is designated 32664. Did you 20 recognize the voices on that tape? 21 A I did. 22 Q And was one of them Sam Ruchlewicz? 23 A Yes, sir. 24 Q Do you recognize the voice that says, somebody is screwing 25 with us because like, you know, in the, I think, four times ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 116 of 213 Dougherty - Direct/Wzorek 117 1 Fran asked us, can you take a look at the draft and see if it's 2 what you guys discussed with the mayor? Could you identify 3 that voice? 4 A GH is Jim Hickey. 5 Q And Mr. Hickey described as the one of the consultants for 6 the company, TEN. Is that correct? 7 A Jim Hickey was employed by TEN, The Efficiency Network, 8 and reported to Patrick Regan. 9 MR. WZOREK: Your Honor, we want to play SR 345 from 10 March 10th, 2015. We ask to admit and publish to the jury, 11 Your Honor. 12 THE COURT: Any objection? 13 MR. MCMAHON: No, Your Honor. No objection. 14 THE COURT: SR 345. 15 MR. WZOREK: This is one from 1001, Your Honor. 16 THE COURT: Got it. From what book? 17 MR. WZOREK: SR 345, Your Honor. 18 THE COURT: Okay. 19 (Government's Exhibit SR 345 admitted into evidence) 20 (Audio played from 01:38 p.m. to 01:43 p.m.) 21 Q Mr. Dougherty, do you recognize the voices on this tape? 22 A I do. 23 Q And who's discussing the (indiscernible) conversation? 24 A Sam Ruchlewicz and Mayor Pawlowski. 25 Q And Craig Messinger that they mentioned, is that the ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 117 of 213 Dougherty - Direct/Wzorek 118 1 person you talked about earlier? 2 A It was. 3 Q And what was the suspicion about Mr. Messinger? 4 A That he couldn't be trusted. 5 Q For what reason? 6 MR. MCMAHON: Objection, Your Honor. Objection based 7 on (indiscernible). 8 THE COURT: Your response. 9 MR. WZOREK: I'm asking about Mr. Messinger, what the 10 problem was with Mr. Messinger. 11 THE COURT: Overruled. I'll permit it. 12 THE WITNESS: That Mr. Messinger could not be 13 trusted. 14 Q For what reason? 15 A For -- the Mayor did not like him. The -- he, I think, 16 was a thorn in the side of the Mayor. 17 Q Who had been involved in the changing of the RFP language 18 or RFQ language? 19 A Who had been involved? 20 Q Right. From the City side. You mentioned earlier that 21 someone -- that the claim was someone had to be fired. Who 22 would have been involved in that, do you know? 23 A Yes. I was and Craig Messinger. 24 Q Do you know who Patrick Regan and who Troy Geanopulous is? 25 A Who? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 118 of 213 Dougherty - Direct/Wzorek 119 1 Q Troy Geanopulous is, I think, referenced in 2 (indiscernible). 3 A I -- it doesn't ring a bell. 4 Q Okay. 5 MR. WZOREK: We want the tape of 345b, Your Honor. 6 It should be right behind you. 7 THE COURT: Got it. 8 UNIDENTIFIED: Which one is it again? 9 THE COURT: 345b. 10 (Counsel confer) 11 MR. WZOREK: And I move for admission, Your Honor, 12 and publication to the jury. 13 THE COURT: You don't have any objections, right? No 14 objection. 15 MR. MCMAHON: No, I have no objection, Your Honor. 16 THE COURT: It's admitted. You may publish it. 17 (Government's Exhibit SR 345b admitted into evidence) 18 MR. WZOREK: Your Honor, this tape has two 19 conversations that we will not be trying to separate the two 20 conversations going on at the same time. 21 THE COURT: Okay. 22 (Audio played as follows:) 23 UNIDENTIFIED: -- I have not yet heard back 24 (indiscernible). Jimmy Stein (ph), yeah, I've got to call him. 25 Calling Jimmy Stein (indiscernible). ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 119 of 213 Dougherty - Direct/Wzorek 120 1 UNIDENTIFIED: (Indiscernible). 2 UNIDENTIFIED: Yes, yeah. 3 UNIDENTIFIED: Did I hear -- 4 UNIDENTIFIED: (Indiscernible). 5 UNIDENTIFIED: (Indiscernible). 6 UNIDENTIFIED: (Indiscernible). So that's, like, 20, 7 25. 8 UNIDENTIFIED: (Indiscernible) people. 9 UNIDENTIFIED: (Indiscernible) to be honest with you. 10 UNIDENTIFIED: Oh, good. 11 UNIDENTIFIED: (Indiscernible). 12 UNIDENTIFIED: (Indiscernible). Yeah, he's really 13 lost my trust. 14 UNIDENTIFIED: Well, a lot of people -- I talked to 15 Phil. I've got to talk to Ryan (ph) tomorrow about his 200 16 people obligation. 17 UNIDENTIFIED: Yeah, of course. 18 UNIDENTIFIED: No, I am not going to -- I am not 19 (indiscernible) IRS website and do that. Yes, Rachel's going 20 to be there at 7:50 tomorrow morning. That's a Rachel problem 21 to organize. Well, I told her the address. I imagine there's 22 a (indiscernible), number one, and number two -- 23 UNIDENTIFIED: (Indiscernible) Everybody we help -- 24 UNIDENTIFIED: I will call her and find out if she 25 can get there, but, like -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 120 of 213 Dougherty - Direct/Wzorek 121 1 UNIDENTIFIED: I don't get it. I don't understand. 2 UNIDENTIFIED: All right. I'll pick her up and drop 3 her off. 4 UNIDENTIFIED: Yeah, I don't get it. I don't 5 understand. The nicer we -- the nicer you are to them -- 6 UNIDENTIFIED: This is like -- 7 UNIDENTIFIED: -- the worst they get. 8 (End of Audio) 9 Q Difficult conversation to hear, but do you -- 10 A Yes. 11 Q -- recognize any of the voices on this tape? 12 A Yes, Sam Ruchlewicz and Mayor Pawlowski. 13 Q And again, Craig Messinger is the same person we talked 14 about a few moments ago, correct? 15 A Correct. Public works director. 16 MR. WZOREK: Move for the admission, Your Honor, of 17 347b from March 12th, 2015. That's 347d, I'm sorry. 18 THE COURT: Yeah, I don't have B. 19 MR. WZOREK: D. 20 THE COURT: So the -- okay. Any objection? 21 MR. WZOREK: Move to for admission and publication, 22 Your Honor. 23 THE COURT: Very well, it's admitted. You may 24 publish it. 25 (Government's Exhibit SR 347d admitted into evidence) ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 121 of 213 Dougherty - Direct/Wzorek 122 1 (Audio played as follows:) 2 MR. RUCHLEWICZ: You gone to sleep, Mayor? 3 MR. PAWLOWSKI: I am, Sam. 4 MR. RUCHLEWICZ: Before you go to sleep, can I ask 5 you a question? The street lights, is that all fixed, on 6 track? 7 MR. PAWLOWSKI: I think so. 8 MR. RUCHLEWICZ: Deal good? 9 MR. PAWLOWSKI: Last I checked. 10 MR. RUCHLEWICZ: Very good. Make sure our friends at 11 TEN do well on that one. That one's very important. Have to 12 keep an eye on our good friend, Craig Messinger. 13 (End of Audio) 14 Q Same two participants, Mr. Ruchlewicz and Mr. Pawlowski? 15 A Yes. 16 MR. WZOREK: All right. Move to admit, Your Honor, 17 SR 35439 and publish that to the jury. 18 THE COURT: All right. Any objection? 19 35439, got it. It's in the back right? 35439, got 20 it. It's in the back, Mr. McMahon. It's in the back. 21 (Government's Exhibit SR 35439 admitted into evidence) 22 (Audio of played as follows:) 23 MR. RUCHLEWICZ: Dougherty, how are you? 24 MR. DOUGHERTY: I'm not happy. 25 MR. RUCHLEWICZ: Uh-oh. Why? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 122 of 213 Dougherty - Direct/Wzorek 123 1 MR. DOUGHERTY: Sam, the RFQs were due today, and we 2 never got one from TEN. 3 MR. RUCHLEWICZ: That's not -- I'm going to call him 4 right -- that's not possible. They said they were -- 5 MR. DOUGHERTY: No, it's possible because I just got 6 a call from procurement saying the RFQ timeframe just ended and 7 there's no response from TEN. 8 MR. RUCHLEWICZ: I'm going to call you back in two 9 minutes. I'll be right -- I'm going to call you back in two 10 minutes. Bye. 11 (End of Audio) 12 Q Is that you with Mr. Ruchlewicz? 13 A It was. 14 Q And what was going on there? 15 A That was what I -- what I alluded to earlier when their 16 submission was not received in the procurement department by 17 the specified timeframe. 18 MR. WZOREK: Move to admit, Your Honor, SR 360, and 19 publish to the jury. 20 THE COURT: SR 360. Any objection? 21 MR. MCMAHON: No. 22 THE COURT: It's admitted. You may publish it. 23 (Government's Exhibit SR 360 admitted into evidence) 24 (Portion from 1:51 p.m. to 1:52 p.m. not transcribed) 25 (Audio played as follows:) ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 123 of 213 Dougherty - Direct/Wzorek 124 1 MR. RUCHLEWICZ: -- why I have so many more gray 2 hairs than the mayor. So my good friend (indiscernible) 3 problems are fixed. You know, because I'm a paranoid person, I 4 believe the whole world's out to screw me, usually. I like to 5 do things, look in advance. 6 MR. PAWLOWSKI: They pretty much are. 7 MR. RUCHLEWICZ: That's true. (Indiscernible). 8 MR. PAWLOWSKI: Yeah, sticking you (indiscernible) 9 Lynda Farrell. 10 MR. RUCHLEWICZ: What did I ever do to you? 11 MR. PAWLOWSKI: It was Mike. That was Mike. 12 MR. RUCHLEWICZ: You put him on Mike, and you knew 13 that Mike would put him on me. 14 MR. PAWLOWSKI: No, I did not. I had no clue. That 15 was total Mike. Mike woke up this morning and he said to me, 16 he said, eh, you know what, I'm going to make Sam's day a 17 living hell. I said, oh. 18 MR. RUCHLEWICZ: The amount of money that I made for 19 him is -- 20 MR. PAWLOWSKI: Go ahead. 21 MR. RUCHLEWICZ: So usually TEN, like, you know, they 22 hand-deliver the RFPs, so this time, they're like, hey, we're 23 going to do this new thing, like, FedEx them, so we're going 24 to, you know, FedEx these (indiscernible). So they did, they 25 FedEx'd it. It got to City Hall, and the purchasing office was ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 124 of 213 Dougherty - Direct/Wzorek 125 1 closed. They were just accepting bids that were due today. So 2 instead of, you know, doing them like what (indiscernible) and, 3 you know, send it, you know, like, two days in advance, calling 4 to make sure they got them, you know, all that normal shit -- 5 MR. PAWLOWSKI: (Indiscernible). 6 MR. RUCHLEWICZ: -- so -- 7 MR. PAWLOWSKI: Did you take care of it? 8 MR. RUCHLEWICZ: We took care of it. It's resolved. 9 All is well in the world. Sam has had, like, many more gray 10 hair -- 11 (End of Audio) 12 Q Do you recognize the voice on that conversation? 13 A I do. 14 Q And who are they? 15 A The mayor and Sam Ruchlewicz. 16 Q Is that the mayor who said, so did you take care of it at 17 the end? 18 A I'm sorry. 19 Q Is that the Mayor who said, so did you take care of it at 20 the end? 21 A Correct. 22 MR. WZOREK: Your Honor, move for the admission of 23 SR 37939 and for publication to the jury. 24 THE COURT: 37939. Mr. McMahon, you let me know when 25 you find it. It's in the back. Got to be in the back. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 125 of 213 Dougherty - Direct/Wzorek 126 1 (Government's Exhibit SR 37939 admitted into evidence) 2 (Audio played as follows:) 3 MR. RUCHLEWICZ: Yeah? 4 MR. HICKEY: Scott, we got the (indiscernible) RFP 5 done, and I got that off to Fran last night. But we have it. 6 MR. RUCHLEWICZ: Okay. Good. 7 MR. HICKEY: And I explained to him, look, we can do 8 whatever you want, but, you know, the RFP, as written, is 9 likely to drive your costs up some. The second thing -- 10 MR. RUCHLEWICZ: That sounds good. 11 MR. HICKEY: Yeah, yeah. The second thing I wanted 12 to ask you about was should -- you and I both know a couple 13 weeks ago with the shortlisted two firms -- 14 MR. RUCHLEWICZ: Uh-huh. 15 MR. HICKEY: -- you told me it was SmartWatt was the 16 other firm that was shortlisted. 17 MR. RUCHLEWICZ: Yeah, I thought so. Which one was 18 it? 19 MR. HICKEY: Johnson Controls. 20 MR. RUCHLEWICZ: All right. They definitely didn't 21 tell me that one. 22 MR. HICKEY: Okay. 23 MR. RUCHLEWICZ: They definitely told me it was 24 SmartWatt. 25 MR. HICKEY: Yeah. We're not terribly worried about ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 126 of 213 Dougherty - Direct/Wzorek 127 1 Johnson Controls because we've beaten them head to head in the 2 past, but from a belt-and-suspenders standpoint, they can be 3 somewhat litigious sometimes, so we've got to be extra careful 4 here. 5 MR. RUCHLEWICZ: I already said that Citelum could be 6 very litigious. 7 MR. HICKEY: Yeah, well, Citelum is very -- yeah, 8 they are the most litigious, but Johnson Controls is -- 9 apparently, they're pulling out all the stops. They have 10 called everybody who's anybody to try to hire a (indiscernible) 11 Jim Hickey or Mike Fleck to help them push Allentown across the 12 finish line in the last few weeks. 13 MR. RUCHLEWICZ: Yeah, well, unfortunately, we're all 14 taken. 15 MR. HICKEY: Well, I know we are, but they 16 (indiscernible) -- 17 MR. RUCHLEWICZ: They can hire Jen Mann. 18 MR. HICKEY: Well, yeah, I believe they're reached 19 out to -- now, I don't know that they have hired Jen Mann, but 20 given the amount of other people in our line of work that 21 they've called, it wouldn't surprise me if they called her, as 22 well. By way of example, they reached out to EJ -- 23 MR. RUCHLEWICZ: Fuck EJ. 24 MR. HICKEY: He's a good guy. EJ is my friend. I 25 know you guys don't get along, but EJ called me and said, hey, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 127 of 213 Dougherty - Direct/Wzorek 128 1 I got this call, I don't want to step on anybody's toes, is 2 this cake already baked? And I said -- 3 MR. RUCHLEWICZ: Yes. 4 MR. HICKEY: -- this cake is baked the way Willie 5 Nelson would only love to be baked, so -- 6 MR. RUCHLEWICZ: Yeah. 7 (End of Audio) 8 Q Recognize those voices, sir? 9 A I do. 10 Q Who were they? 11 A Jim Hickey and Sam Ruchlewicz. 12 Q You a Willie Nelson fan? 13 A Not particularly. 14 MR. WZOREK: I won't ask you any more questions about 15 that. 16 Your Honor, we'd ask to admit MF 44 and publish to 17 the jury. 18 THE COURT: MF 44? MF 44. Any objection? 19 Let me know when you get there. 20 MR. MCMAHON: I got it. 21 MR. WZOREK: Can we publish, Your Honor? 22 THE COURT: You may. 23 (Government's Exhibit MF 44 admitted into evidence) 24 (Audio played as follows:) 25 MR. FLECK: Okay. All right. A couple quick things. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 128 of 213 Dougherty - Direct/Wzorek 129 1 So Hickey, he's going to follow up with him. He's sending a 2 check, but really, we want him to get more -- 3 MR. PAWLOWSKI: (Indiscernible). 4 MR. FLECK: -- (indiscernible) and Constellation -- 5 MR. PAWLOWSKI: Exactly. 6 MR. FLECK: -- after the escrow's done, right? 7 MR. PAWLOWSKI: Yes. 8 MR. FLECK: All right. 9 MR. PAWLOWSKI: And before anybody else who 10 represents, for that matter. 11 MR. FLECK: Primarily, right now, we're working that 12 escrow through the city. This would be a good time to ask them 13 for the Constellation people to -- 14 MR. FLECK: Yeah, but I can't have Constellation give 15 me directly. It would be nice if they -- somebody else gave to 16 me. 17 MR. FLECK: Well, it's not Constellation anyway. 18 It's Troy and Pat. It's TEN, so it would be -- Troy and Pat 19 would be (indiscernible). Okay. 20 MR. PAWLOWSKI: (Indiscernible). 21 UNIDENTIFIED: There's no -- 22 MR. FLECK: The other -- 23 (End of audio) 24 Q Do you recognize them? 25 A Mike Fleck and Mayor Pawlowski. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 129 of 213 Dougherty - Direct/Wzorek 130 1 MR. WZOREK: Move to admit, Your Honor, SR 392. 2 THE COURT: SR 392. Any objection? 3 MR. MCMAHON: No, Your Honor. 4 THE COURT: No objection. You may publish it. 5 (Government's Exhibit SR 392 admitted into evidence) 6 (Audio played as follows:) 7 MR. HICKEY: (Indiscernible). 8 MR. RUCHLEWICZ: Mike wants -- Mike wanted to talk 9 about Ed. 10 MR. HICKEY: (Indiscernible). 11 MR. RUCHLEWICZ: Edwin should have bundled some money 12 for him for Senate. 13 MR. HICKEY: From who? 14 MR. RUCHLEWICZ: All of your friends. 15 MR. HICKEY: All of my friends who have made money 16 off Allentown? 17 MR. RUCHLEWICZ: We can help expand that list if you 18 have things that you -- that -- 19 MR. HICKEY: Well, look, (indiscernible) my people 20 already being bundled. Everyone who's made money off Allentown 21 is in Sean's food chain. 22 MR. RUCHLEWICZ: All right. 23 MR. HICKEY: And obviously, we've got a lot of them. 24 MR. RUCHLEWICZ: Sean -- 25 MR. HICKEY: My people haven't done well. You know, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 130 of 213 Dougherty - Direct/Wzorek 131 1 Sean (indiscernible) advantage (indiscernible). I mean, we can 2 probably get some money out of Constellation. 3 MR. RUCHLEWICZ: Yeah. 4 MR. HICKEY: We'll be able to get some money out of 5 Troy shortly. 6 MR. RUCHLEWICZ: Yeah. 7 MR. HICKEY: But other than that, I mean, my guys are 8 all opportunistic donors, and -- 9 MR. RUCHLEWICZ: What else is there? We need -- 10 look, I don't care how we get there. I mean, I don't think Ed 11 does, either. Ed just needs money. 12 MR. HICKEY: Yeah. 13 MR. RUCHLEWICZ: I mean, and he's going to -- I mean, 14 TEN's going to get some streetlights. 15 MR. HICKEY: Yeah. 16 MR. RUCHLEWICZ: I know -- 17 MR. HICKEY: So he wants -- 18 MR. RUCHLEWICZ: Troy's always good for a check. 19 MR. HICKEY: Yeah, I was going to say he wants Troy 20 and Patrick to both max. 21 MR. RUCHLEWICZ: Yeah. 22 MR. HICKEY: Or double max. 23 MR. RUCHLEWICZ: Well, they're your client. You can 24 have that -- 25 MR. HICKEY: Yeah. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 131 of 213 Dougherty - Direct/Wzorek 132 1 MR. RUCHLEWICZ: -- conversation, and then I'll 2 reinforce it. 3 MR. HICKEY: All right. That seems like a pretty 4 fair deal. 5 MR. RUCHLEWICZ: I think so. 6 MR. HICKEY: I mean -- 7 MR. RUCHLEWICZ: I'm just trying to think of who 8 else. 9 MR. HICKEY: Twenty grand is not bad. Whatever it 10 is. That's right. 11 MR. RUCHLEWICZ: About 20 grand is double max? 12 MR. HICKEY: Yeah. Primary, general, double. 13 MR. RUCHLEWICZ: How about max (indiscernible)? 14 MR. HICKEY: Nah, 2700 each. So husband and wife for 15 2700 each is 54-. 54 times two is 10-8. 10-8 times 2 is 21-6. 16 MR. RUCHLEWICZ: Yeah. Twenty grand's a lot of 17 money, but they're your clients, so you (indiscernible). 18 MR. HICKEY: I was going to say, well, three million, 19 four million is like a lot of money, too. 20 MR. RUCHLEWICZ: Yeah. (Indiscernible). 21 MR. HICKEY: It's done. You wrote the RFP and gave 22 it to Fran, right? Fran has the RFP? 23 MR. RUCHLEWICZ: Yeah. 24 MR. HICKEY: Okay. Good. So that's -- it's -- 25 MR. RUCHLEWICZ: It's all taken care of. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 132 of 213 Dougherty - Direct/Wzorek 133 1 MR. HICKEY: There's no crazy business anymore? 2 MR. RUCHLEWICZ: Not that I've heard. 3 MR. HICKEY: All right. 4 MR. RUCHLEWICZ: You know, I haven't talked to Fran 5 in a while either, so -- 6 MR. HICKEY: All right. All right, man. And then -- 7 oh, Ed wants you to max, too. 8 MR. RUCHLEWICZ: That's not happening. 9 MR. HICKEY: All right. 10 MR. RUCHLEWICZ: I'm not going to put -- 11 MR. HICKEY: No, not -- no, no, no, not 20- -- 5,400. 12 MR. RUCHLEWICZ: Well, seriously, (indiscernible). I 13 have gotten (indiscernible) client. I'll give Ed money and 14 I'll give a good amount of money this year. 15 MR. HICKEY: All right. 16 MR. RUCHLEWICZ: But I have gotten a pittance out of 17 Allentown compared to everyone else in the Lehigh Valley, 18 seriously. 19 MR. HICKEY: I know, so -- 20 MR. RUCHLEWICZ: They are my lowest-performing 21 municipality -- 22 MR. HICKEY: Outside of -- other than Boyle. Boyle 23 is doing great in Allentown. 24 MR. RUCHLEWICZ: And who set that up? Who laid out 25 the framework for that to Ed on how to set up his own system to ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 133 of 213 Dougherty - Direct/Wzorek 134 1 raise money? That was me because all of my people, all my 2 people have been (indiscernible) in Allentown. No one had 3 gotten dick. So I told -- and he came to me with Mike -- 4 MR. HICKEY: Uh-huh. 5 MR. RUCHLEWICZ: -- and said, well, you know, Sean 6 Boyle gave John Callahan $20,000 last year. So yeah, you know, 7 why did -- because in the last three years, he's gotten over $2 8 million in fee -- not project, fee work out of the City of 9 Bethlehem, and this is how Sean does it. And I explained the 10 whole paradigm of having your CM control the vendor chain. 11 MR. HICKEY: Right. 12 MR. RUCHLEWICZ: So everyone in the vendor chain is 13 (indiscernible) because Edwin's too incompetent to do that on 14 his own. You know what I mean? 15 MR. HICKEY: Uh-huh. 16 MR. RUCHLEWICZ: I mean, it's -- your public works 17 and (indiscernible) the fucking holy grail. None of my people 18 have ever gotten dick out of there. 19 MR. HICKEY: That can -- 20 MR. RUCHLEWICZ: So when does he need the 21 (indiscernible) by? 22 MR. HICKEY: June 30th. We need a million in the 23 bank by June 30th. 24 MR. RUCHLEWICZ: Well, you should have talked to me 25 earlier because if you did this -- I've done this on a smaller ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 134 of 213 Dougherty - Direct/Wzorek 135 1 scale (indiscernible). 2 MR. HICKEY: Uh-huh. 3 MR. RUCHLEWICZ: Get me a list of every professional 4 service contract -- 5 MR. HICKEY: Okay. 6 MR. RUCHLEWICZ: -- that the City has given out -- 7 MR. HICKEY: Okay. 8 MR. RUCHLEWICZ: -- in the last two to three years. 9 MR. HICKEY: Okay. 10 MR. RUCHLEWICZ: And we sit down over four to six 11 hours and come up with a fundraising (indiscernible) because 12 that, A, tells us who our targets are, and B, tells us where 13 our duties are for people who aren't being taken care of. 14 Every (indiscernible) award, every -- 15 (End of Audio) 16 Q Recognize those voices? 17 A I do. 18 Q Who are they? 19 A Sam Ruchlewicz and Jim Hickey. 20 Q And we saw a gentleman on screen, as well. Who was that? 21 A That was Jim Hickey. 22 MR. WZOREK: Move for the admission, Your Honor, of 23 SR 392a and for its publication to the jury. 24 THE COURT: Any objection? 25 It's admitted. That's right in front. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 135 of 213 Dougherty - Direct/Wzorek 136 1 (Government's Exhibit SR 392a admitted into evidence) 2 MR. HICKEY: -- in Allentown. You know, we're doing 3 moderately okay now, and you know, and I will be grateful for 4 that and I will show my gratitude, but I'm not showing it 5 18,000 ways, you know? 6 MR. RUCHLEWICZ: I hear you. Okay. Hey, Jim, I've 7 got to run. 8 MR. HICKEY: (indiscernible). 9 MR. RUCHLEWICZ: I'll call you right back. Bye. 10 MR. HICKEY: All right. 11 MR. PAWLOWSKI: (Indiscernible). 12 MR. RUCHLEWICZ: Oh, no, he's going to help. Did you 13 hear the end of it? I'm very grateful. 14 MR. PAWLOWSKI: He was (indiscernible). 15 MR. RUCHLEWICZ: I whacked him for $50,000 this 16 morning. 17 MR. PAWLOWSKI: Oh, okay. All right. 18 MR. RUCHLEWICZ: You told me to hit him for $50,000. 19 MR. PAWLOWSKI: No, you said you wanted to hit him 20 for 50,000. 21 MR. RUCHLEWICZ: Well, true. 22 MR. PAWLOWSKI: I did not -- 23 MR. RUCHLEWICZ: You agreed. You agreed. 24 MR. PAWLOWSKI: Did I say that? 25 MS. ROSSI: (Indiscernible). ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 136 of 213 Dougherty - Direct/Wzorek 137 1 MR. RUCHLEWICZ: You agreed. 2 MS. ROSSI: You were complicit. 3 MR. PAWLOWSKI: I wasn't. I didn't -- 4 MR. RUCHLEWICZ: You were complicit. 5 MR. PAWLOWSKI: Okay. But I didn't say any number, 6 by the way. I just want to make clear. 7 MS. ROSSI: I know. 8 MR. RUCHLEWICZ: Well, he was -- 9 MR. PAWLOWSKI: Because I knew that we didn't give -- 10 you know, he hasn't -- you know. If I was him, I'd say why, 11 you know. 12 MR. RUCHLEWICZ: Well, he did say why, and then I 13 listed the reasons. Well, he's getting -- Fran's setting up 14 meetings with his engineering people. He wants to do some 15 asphalt thing. 16 MR. PAWLOWSKI: Okay. 17 MR. RUCHLEWICZ: Some asphalt recycling. And Fran's 18 allegedly getting that set up, and then he wants some -- oh, 19 he's still mad about the fact that you got him fired be "Uncle 20 Lukey", though. 21 MR. PAWLOWSKI: I got him fired by Uncle Lukey? 22 MR. RUCHLEWICZ: Yeah. 23 MR. PAWLOWSKI: How did I do that? 24 MR. RUCHLEWICZ: Because you didn't make the call to 25 divide up the electrical work on the arena. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 137 of 213 Dougherty - Direct/Wzorek 138 1 MR. PAWLOWSKI: I did. I did. I called -- I pushed 2 20 times. I called Butz. I did everything I could. I was 3 starting to cross the line there, Sam -- 4 MR. RUCHLEWICZ: All right. 5 MR. PAWLOWSKI: -- and so I said no. 6 MR. RUCHLEWICZ: Okay. 7 MR. PAWLOWSKI: Okay. 8 MR. RUCHLEWICZ: All right. 9 MR. PAWLOWSKI: No, I did make the calls about Uncle 10 Lukey, okay? I called. I talked to Sarah. I talked to Butz 11 three times. I asked them to use somebody else, and they 12 wouldn't use anybody else. 13 MR. RUCHLEWICZ: All right. 14 MR. PAWLOWSKI: They wouldn't divide it. 15 MR. RUCHLEWICZ: I didn't know that part. 16 MR. PAWLOWSKI: They said -- I had a conversation 17 with Greg. I was starting to cross the line, and then I'm 18 like, I'm not going over this line. 19 MR. RUCHLEWICZ: All right. All right. 20 MR. PAWLOWSKI: So no -- 21 MR. RUCHLEWICZ: All right. 22 MR. PAWLOWSKI: -- (indiscernible) tell you that. 23 MR. RUCHLEWICZ: Okay. Well, now that I know that, 24 it's helpful. I never knew that before. 25 MR. PAWLOWSKI: And then, as soon as I had an ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 138 of 213 Dougherty - Direct/Wzorek 139 1 opportunity, like at a firehouse, I got Uncle Lukey in there. 2 MR. RUCHLEWICZ: All right. 3 MR. PAWLOWSKI: As soon as I got opportunity in, 4 like, a parking garage, Uncle Lukey's in there. Okay? So, you 5 know -- 6 MR. RUCHLEWICZ: Uncle Lukey -- yeah. 7 MR. PAWLOWSKI: You know? I tried, okay? The things 8 that I had a little more control over, they had one was bid out 9 by Butz, right? 10 MR. RUCHLEWICZ: Yeah, okay. That's true. 11 MR. PAWLOWSKI: All I can do -- 12 MR. RUCHLEWICZ: I wasn't there for it. 13 MR. PAWLOWSKI: -- (indiscernible) general contractor 14 to say, hey -- now, you know, I could have demanded that, but 15 that would look really weird. 16 MR. RUCHLEWICZ: Yeah. 17 MR. PAWLOWSKI: Okay. I mean, so -- 18 MR. RUCHLEWICZ: All right. 19 MR. PAWLOWSKI: Then, he would have gone back and 20 said, well, we need to change (indiscernible), and then it 21 would have gotten the board involved. I mean, no, I went as 22 far as I could. 23 MR. RUCHLEWICZ: All right. That's fine. 24 MR. PAWLOWSKI: Okay? 25 MR. RUCHLEWICZ: Well, either way, Jim's going to -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 139 of 213 Dougherty - Direct/Wzorek 140 1 Jim is maxing out to you before June, and he's going to get -- 2 MR. PAWLOWSKI: Well, you can remind him of that. 3 MR. RUCHLEWICZ: I will. 4 MR. PAWLOWSKI: And you can say, I talked to Ed about 5 this and this is what, you know, he said. 6 MR. RUCHLEWICZ: Yeah. 7 MR. PAWLOWSKI: And the projects that he could, he 8 got Luke involved. He got him -- 9 (End of audio) 10 MR. WZOREK: Move, Your Honor, for SR 391. 11 THE COURT: Okay. 12 MR. WZOREK: We move for admission. 13 THE COURT: Any objection? 391. Everybody there? 14 (Government's Exhibit SR 391 admitted into evidence) 15 (Audio played as follows:) 16 MR. RUCHLEWICZ: You're my witness. 17 MS. ROSSI: I'm the witness. Hey, last thing before 18 you leave, what's the followup with Jim Hickey? 19 MR. RUCHLEWICZ: (Indiscernible). 20 MR. PAWLOWSKI: Okay. Yes. I want him to max out, 21 but I want him to bundle some stuff for me. 22 MS. ROSSI: Yeah. There's no reason he shouldn't. 23 MR. PAWLOWSKI: Yeah. 24 MR. RUCHLEWICZ: Okay. How much do you want? 25 MR. PAWLOWSKI: 50-. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 140 of 213 Dougherty - Direct/Wzorek 141 1 MR. RUCHLEWICZ: Okay. All right. 2 MR. PAWLOWSKI: Put it out there. 3 MR. RUCHLEWICZ: (Indiscernible). Sam's care-o-meter 4 has gone from, like, somewhere around here to, like -- 5 MS. ROSSI: Is there caring less in there? 6 MR. PAWLOWSKI: No. 7 MR. RUCHLEWICZ: You know what I care about? The 8 handicapped right now. That's about it. And his bank account. 9 MS. ROSSI: There you go. 10 MR. RUCHLEWICZ: Okay. All right. I'll see you all 11 tomorrow. 12 MS. ROSSI: Adios. 13 (End of audio) 14 Q Mr. Dougherty, both for 392a and for 391, do you recognize 15 the voices on those (indiscernible)? 16 A I -- most of them, yes. 17 Q EP, who's that? 18 A Ed Pawlowski, Mayor. 19 Q Okay. And SR? 20 A Sam Ruchlewicz. 21 Q In 392a, did Mr. Pawlowski tell you how much to give 22 Mr. Hickey? 23 A I'm sorry. 24 Q In 392a, the first tape we played, does the mayor say he 25 didn't say a certain amount to ask for from Mr. Hickey so far ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 141 of 213 Dougherty - Direct/Wzorek 142 1 as the contribution? 2 A I think the word was max -- max amount. 3 Q In this case, he indicates 50-. Is that correct? 4 A Yes, in this one. 5 MR. WZOREK: I move to admit MF 11671. 6 THE COURT: MF? 7 MR. WZOREK: MF 11671. 8 THE COURT: Yeah, I have it. MF 11671. You got it? 9 MR. WZOREK: Move for admission and publication, Your 10 Honor. 11 THE COURT: Any objection? 12 MR. MCMAHON: No. 13 THE COURT: It's admitted. 14 (Government's Exhibit MF 11671 admitted into evidence) 15 MR. REGAN: Hey, Mike. Mike, for the first time in a 16 month, I went outside to catch baseball with my sons and 17 (indiscernible) myself (indiscernible). I missed your call. I 18 apologize. What's going on? 19 MR. FLECK: Okay. We won the RFP? 20 MR. REGAN: How? 21 MR. FLECK: They just announced it. I just talked to 22 Fran. We won the RFP. (Indiscernible). 23 MR. REGAN: (Indiscernible). 24 MR. FLECK: We won the RFP, and they also did the 25 audit and install at the same time. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 142 of 213 Dougherty - Direct/Wzorek 143 1 MR. REGAN: Oh my god, that's fantastic. How did 2 that all happen when it was due at 3? It just all came 3 together. They were ready to review it and make their decision 4 based on what they saw, huh? 5 MR. FLECK: Or they may have pre -- we may have pre￾6 talked to them. 7 MR. REGAN: What's that? 8 MR. FLECK: We may have talked to them ahead of time. 9 MR. REGAN: No, no, no, I understand that, but, I 10 mean, obviously (indiscernible). 11 MR. FLECK: Yeah, they knew what they were going to 12 do, and then I had talked to Craig yesterday about doing the 13 install and audit at the same time would be very helpful to 14 everybody. 15 MR. REGAN: Right. (Indiscernible). 16 MR. FLECK: And the mayor said he wants to sync up as 17 soon as possible. 18 MR. REGAN: Okay. We're ready to rock and roll. 19 MR. FLECK: Yep. So I would call Francis on Monday 20 and see what you've got to do to get rocking and rolling. 21 MR. REGAN: All right. Fantastic. (Indiscernible). 22 MR. FLECK: And you may have already done it, but 23 Fran and Hickey, you know, everybody knows. 24 MR. REGAN: All right, awesome. 25 MR. FLECK: (Indiscernible). ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 143 of 213 Dougherty - Direct/Wzorek 144 1 MR. REGAN: All right. Thank you (indiscernible). 2 I'll see you at Sammy's party next week. 3 MR. FLECK: See you at Sam's party next week. 4 MR. REGAN: (Indiscernible). 5 (End of Audio) 6 Q The voices on that conversation, sir? 7 A Mike Fleck and Patrick Regan. 8 Q Is it usual that an RFP is -- that companies submit their 9 RFP on one day and the award is made on the exact same day? 10 A No, sir. 11 Q Let's talk about the Ciiber contract, Mr. Dougherty. Tell 12 the jury about the Ciiber contract and its history. 13 A The Ciiber contract which you -- we had previously talked 14 about 5C, was a project to hire the -- to bring the company in 15 to work for the city on a contractual basis by any means 16 possible, and some invented work was -- was identified to bring 17 them in and give them a contract. 18 Q What do you mean "by any means possible?" 19 A This was perhaps second only to, you know, The Efficiency 20 Network in importance to the mayor and his political team was 21 the hiring of -- not the hiring, but getting a contract for a 22 person named Mr. Jack Rosen. 23 Q And who was Jack Rosen if you know? 24 A Jack Rosen was a extremely wealthy, well-connected 25 developer in New York City who also happened to be very active ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 144 of 213 Dougherty - Direct/Wzorek 145 1 in Democratic circles who was known as a prestigious fundraiser 2 for the Clintons and -- and the Gores. 3 Q Did the Mayor indicate in any way to you preference on a 4 contract with Mr. Rosen? 5 A The -- we had to get Mr. Rosen a contract. That took a 6 variety of forms trying to find something to give him a 7 contract for. 8 Q Explain that. 9 A At first being a developer, the Mayor -- the mayor courted 10 him to bring him into Allentown, to show him around, see if he 11 wanted to invest in -- in a, you know, resurging city. And the 12 mayor wanted to find him work to do. One of the first things 13 the mayor had me do was to look at a deed of a parcel of ground 14 in one of our parks called Trexler Park. And apparently, there 15 is some small parcel of this, you know, municipal park that is 16 not designated, not deeded as a park and could creatively be 17 used to build perhaps a condo or some high end apartments on. 18 And he had me do some due diligence with our legal department 19 to see if it was viable for -- for Jack to get this -- this 20 piece of land, perhaps to build a -- a high-end condominium 21 or -- or apartment complex. The results of my due diligence 22 revealed that this was not possible to do, that it -- we -- it 23 would be bogged down in -- in -- in legalities and my 24 recommendation to the mayor that it wasn't viable. That said, 25 there -- look for other projects for -- for Jack to invest in. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 145 of 213 Dougherty - Direct/Wzorek 146 1 Jack got involved with the Allentown Parking Authority, and the 2 Parking Authority was building a new deck at the time and a 3 phase of this parking deck included what they call a wraparound 4 which is some sort of a commercialization of -- of the deck. 5 And I worked with his representatives on the Parking Authority 6 to see if Jack could, you know, get -- get that contract for 7 the wraparound. That failed. The next thing for some -- I 8 don't -- I don't know what the connection was, but the next 9 thing I knew, the Mayor had identified Jack Rosen had either 10 owned a company or was a part of a company or a wholly owned 11 subsidiary of a company called 5C, a.k.a. Ciiber, and that we 12 should work with Ciiber and try to get them a contract. 13 Q Okay. Well what type of work did Ciiber do? 14 A Ciiber basically marketed themselves as a cyber security 15 company. 16 Q Okay. And this is a -- what we heard about earlier about 17 the Mossad agents. Is that correct? 18 A Correct, sir. These were highly, highly qualified 19 individuals, citizens of Israel who were either located here or 20 were -- had dual citizenship, were coming and going all the 21 time, who designed cyber security for the State of Israel and 22 other -- probably other entities. 23 Q And on that earlier conversation that we heard, you said 24 something along the lines of we have to get something, the boss 25 wants something. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 146 of 213 Dougherty - Direct/Wzorek 147 1 A That's the language I use. Again, reiterating that my 2 task from the Mayor was to find them work. 3 Q And at the time, was there a huge cyber crisis going on in 4 the city of Allentown? 5 A Well, huge is a relative term. We -- at the time, there 6 was a -- a -- what I would call a mini-crisis of cyber security 7 in our IT infrastructure. At around the same time, the -- some 8 members of our -- of our police department had gone into 9 training at some location. They brought -- they brought back a 10 thumb drive or two and some of the software on that thumb drive 11 that they brought back was meant to bypass our -- our internet 12 security system so they could surf the web without anyone 13 knowing what they were on. Those drives were corrupted. It 14 infected our IT system. And it specifically had a negative 15 impact on our Public Works Department. It had temporarily 16 erased or eliminated some engineering plans in Public Works. 17 But it was something that our -- our IT department was -- was 18 working on, but -- 19 Q And did they resolve it? 20 A They -- they did resolve it, yes. 21 Q So at the time that Ciiber was hired, there really was no 22 ongoing problem. Is that correct? 23 A No, there -- the -- the problem wasn't -- wasn't 100 24 percent resolved. So just in like in simple language, the IT 25 Department was taking Allentown from an open infrastructure to ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 147 of 213 Dougherty - Direct/Wzorek 148 1 a closed infrastructure so something like this would never 2 happen again. That if a -- if a police officer put a -- a 3 corrupted thumb drive in, it would only affect the police 4 department under a closed system, as opposed to an open system. 5 But that took time and they just can't flip a button and close 6 a system. So it was still going on, but the -- but the 7 immediate crisis, if you call it a crisis, was resolved, or 8 contained. 9 Q That was resolved without any work by Ciiber on that; is 10 that correct? 11 A Correct, sir. 12 Q And why was the Mayor so anxious to get Mr. Rosen a 13 contract? 14 A Mr. -- Mr. Rosen apparently would not -- 15 MR. MCMAHON: Objection, Your Honor. 16 THE COURT: State your ground. 17 MR. MCMAHON: May we be seen at sidebar? 18 THE COURT: You may. 19 (Portion from 2:21 p.m. to 2:22 p.m. not transcribed) 20 Q Mr. Dougherty, what, if anything, did the mayor tell you 21 about why he was so anxious to have this contract -- or have a 22 contract with Mr. Rosen? 23 A That it was critically important to his political future 24 to have a contract with Mr. Rosen so -- so he would have 25 Mr. Rosen as an advocate of his to raise money in the circles ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 148 of 213 Dougherty - Direct/Wzorek 149 1 of New York. 2 Q And how much did the mayor suggest, or did he suggest at 3 all, that the contract should be for? 4 A The mayor, Sam Ruchlewicz, had both said they wanted 5 $100,000 contract for -- for Mr. Rosen's company or his 6 associated company called 5C. 7 Q And would that have been a problem? 8 A Yes, it would have -- would have been a problem. 9 Q Why? 10 A Again, going back to the procurement threshold of 11 something over $40,000, something like that would have to be 12 competitively bid. 13 Q So how was that problem resolved? 14 A That problem was resolved by myself and Matt Leibert, the 15 IT director, who basically said we could structure a contract 16 with Mr. Rosen by doing it in phases. A first -- first phase 17 would be under $40,000 so you can avoid that -- that 18 competitive process. With, quote, "future" -- "future" phases 19 at -- you know, after that. 20 Q So what was the first phase to do, just to examine the 21 system, or what? 22 A I believe the first phase the scope of work included an 23 assessment of the infrastructure, and I believe it also 24 included some sort of a preliminary vulnerability assessment. 25 Q And then, the second phase would have been what, if you ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 149 of 213 Dougherty - Direct/Wzorek 150 1 know? 2 A It would have been, you know, the remediation of any 3 vulnerabilities found or recommendations to strengthen the 4 infrastructure. 5 Q And fair to say, whoever had done the initial assessment 6 would have a leg up on anybody else coming in to do the 7 remediation (indiscernible). 8 A I think that's a fair statement, yes. 9 Q So the first contract was for less than $40,000, correct? 10 A I believe it was in the ballpark of $35,000, yes. 11 Q And even for a contract of $35,000, were there supposed to 12 be any bids that are sought by the city? 13 A Yes, sir, there are. 14 Q Do you know how many for a $35,000 contract? 15 A I believe there's -- there ought to be three of them. 16 Q Do you know whether any -- and how is that the city goes 17 about going -- getting a bid? 18 A I believe they're phone calls. 19 Q Okay. Do you know if -- and would the purchasing 20 department be aware of that, as well? 21 A Well, they should be aware of it. 22 Q Okay. Were you aware of any bids being sought in this 23 contract for the Ciiber contract as an alternative to Ciiber 24 doing the work? 25 A No, sir. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 150 of 213 Dougherty - Direct/Wzorek 151 1 Q You're not aware or there were none? 2 A There were none. 3 Q That's unusual; is that right? 4 A Yeah, it's not -- it's against policy and the rules. 5 Q The rules of the city; is that right? 6 A Yes. 7 Q You said Mr. Rosen was from New York; is that right? 8 A New York City, yes. 9 Q New York City. Did you receive calls at all from the 10 Mayor when he was having meetings with Mr. Rosen? 11 A While he was having meetings with Mr. Rosen? 12 Q What he called important meetings? 13 A I recollect one telephone call in which I was on the 14 phone, and -- and Mr. Rosen was in the room, I believe when the 15 Mayor was in New York. And we met with 5 -- 5C, or Ciiber 16 Security in my office, but I don't think Mr. Rosen was there 17 but his sons were in some of those meetings. 18 Q After the contract was awarded, did you have any 19 conversations with the Mayor about his relationship with 20 Mr. Rosen? 21 A Yes, sir. 22 Q What happened? 23 A The Mayor was elated that he got -- he delivered something 24 to Jack and now he fulfilled his obligation and -- and Jack 25 loved him now, and would -- would be a political ally. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 151 of 213 Dougherty - Direct/Wzorek 152 1 Q So let's take us back to the date of July 2nd, 2015, when 2 City Hall is searched. What happens to the Ciiber contract 3 after that? 4 A The Ciiber contract was -- was cancelled in a solicitor's 5 office. 6 Q I'm sorry, what? 7 A The Ciiber contract, the $35,000 contract, was cancelled 8 in the solicitor's office. 9 Q And were you part of that decision to be made? 10 A I was. 11 Q Had Ciiber come up with the insurance they needed for the 12 contract? 13 A No, they didn't. Ciiber had fulfilled whatever 14 obligations they had as part of getting documentation and 15 providing their bonding, but they never -- they failed to 16 include their insurance information to our legal department 17 before an actual contract could be signed. 18 Q Now when City Hall was searched, did the solicitor of 19 Allentown put out a memo asking everyone to come up with 20 documents concerning certain items, certain companies, and 21 certain contracts? 22 A Yes, sir. 23 Q And was Ciiber on the list, do you know? 24 A I believe it was, yes. 25 Q After that list came out and after the contract was ended, ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 152 of 213 Dougherty - Direct/Wzorek 153 1 did you ever hear from Mayor Pawlowski about that again? 2 A No. 3 Q Did you ever question that decision about not giving a 4 contract to Mr. Rosen? 5 A He never raised it again, as far as I remember. 6 Q And after the contract was cancelled, again, no big crisis 7 in the city that resulted from the cancellation of the Ciiber 8 contract? 9 A No, sir. 10 Q If you're aware, the other agencies in the city like the 11 police department, 9-1-1, fire department, agencies like that, 12 especially ones in emergency courses, were they onboard with 13 the Ciiber contract? 14 A No, they were not. So we had convened a meeting to bring 15 the heads of the operating departments, fire, police, public 16 works, emergency management, 9-1-1, in a meeting to discuss the 17 information needs of Ciiber. They had put -- and once they -- 18 once they were notified that they got -- they were getting the 19 award, they sent a information sheet that they wanted us to 20 fill out so they could start some preliminary analyses. And to 21 that end, to collect that information, I had convened a -- 22 basically a cabinet meeting. At that cabinet meeting, the 23 heads of the public safety, fire, police, emergency management, 24 voiced some concerns about sharing such sensitive information 25 with Ciiber. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 153 of 213 Dougherty - Direct/Wzorek 154 1 Q Okay. 2 MR. WZOREK: Can the witness be shown I-7, please? 3 Q Mr. Dougherty, we're showing you what's been marked as I-7 4 for identification purposes. It's kind of long. First of all, 5 do you recognize what I-7 is? 6 A I do. It's part of my notebook, a notebook I was 7 (indiscernible). 8 Q And I'm going to show you -- 9 MR. WZOREK: Can I approach the witness? 10 THE COURT: You may. 11 Q Let me show you a pile of notebooks that -- were these the 12 type of notebooks that you used to take notes? 13 A Yes, sir. 14 Q And they're broken down to try and get the pages, so 15 they're obviously, they wouldn't have been in this form. But 16 this one is similar to that, right? 17 A Yes, sir. 18 Q And you used these black composition notebooks, as well. 19 A I did. 20 Q And why would you be putting notes into your notebook? 21 A I'm -- I'm sorry. 22 Q Why would you be putting notes into notebooks? Did you 23 get up in the morning and write notes to yourself? Or when did 24 the notes get in there? 25 A The notes -- basically, I took notes during meetings that ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 154 of 213 Dougherty - Direct/Wzorek 155 1 I had, basically to -- to serve as a tickler file for me for 2 issues I -- that -- that were raised in meetings. 3 MR. WZOREK: Move to publish I-7, Your Honor. 4 THE COURT: Any objection? 5 MR. MCMAHON: No. 6 THE COURT: It's admitted. You may publish it. 7 (Government's Exhibit I 7 is admitted into evidence) 8 Q Now, I have to confess, Mr. Dougherty, your writing is not 9 really -- you didn't go to Catholic school, did you? 10 A That's horrible writing, no. 11 Q At the bottom here, we see Rosen. Is that correct? 12 A Yes, sir. 13 Q And does that say "get something"? 14 A That says "get something." 15 Q Can you tell me what that is underneath there? 16 A That's 30- to 65-. I don't know what the other words is. 17 Q And this relates to the Rosen contract? 18 A It does. 19 Q Well, let's look at I-8 (indiscernible). So my question 20 Mr. Dougherty is in the -- you identified what's been marked 21 for identification as I-8. 22 A Yes, part of my notebook, my own -- my own notes, my own 23 handwriting. Matt on the far left, it refers to Matt Leibert, 24 our IT director. 5C, a.k.a. Ciiber. Good to go. That was a 25 message from Matt to me that he had a contract in place for ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 155 of 213 Dougherty - Direct/Wzorek 156 1 $35,000 to go for Ciiber. 2 MR. WZOREK: Move to publish, Your Honor. 3 THE COURT: Any objection? 4 MR. MCMAHON: No. 5 THE COURT: It's admitted. You may publish. 6 (Government's Exhibit I 8 is admitted into evidence) 7 Q So that's what you described at the bottom, it says 5C 8 starts right there. Is that correct? 9 A Yes, sir. 10 Q How about above that? It's says Barb Nemith. Is that 11 correct the way I'm saying it? 12 A Yeah, it says Barb Nemith, yes. 13 Q And how about underneath that? 14 A It says Ramzi. 15 Q And who's Ramzi? 16 A Ramzi Haddad was a developer in the city of Allentown. 17 Q Can you tell me why it says (indiscernible) next to Barb's 18 name? 19 A No, I can't. 20 Q We've seen two examples. Is it fair to say that 21 throughout your notebooks, you didn't write long summaries of 22 things. Is that right? 23 A No, I'm usually just doing this as I'm talking to someone, 24 yes. 25 Q Okay. Why just write a name or two or something like ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 156 of 213 Dougherty - Direct/Wzorek 157 1 that, instead of describing the whole situation? Is there any 2 reason? 3 A I'm sorry. Can you say that again? 4 Q Why just write like Ramzi, Barb Nemith, as opposed to what 5 you anticipated -- 6 A Oh, because these -- these were recurring. So again, I 7 put them down because someone is telling me, hey, make sure 8 that this is kept on your radar screen. You still have things 9 to follow up with Barb Nemith concerning some constituent 10 service with Mr. Haddad. So it would be a tickler for me to 11 remind myself as I looked at the notebook the next day or the 12 following day. 13 MR. WZOREK: Move for admission, Your Honor, of 14 SR 11173. 15 THE COURT: That's in the back, Mr. McMahon. You can 16 go ahead. I'll find it. 17 (Government's Exhibit SR 11173 admitted into evidence) 18 (Audio played as follows:) 19 MR. RUCHLEWICZ: The third item is Rosen. Do we have 20 any detail -- the mayor said that he had gotten them some kind 21 of thing, some kind of contract or something, for 5C Security. 22 Do we know where that's at? Because Jordan Rosen just sent me 23 an email asking, hey, what's the status? I asked the mayor. 24 He said we got them a contract, and I was going to circle back 25 with Jordan and let him know what's going on. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 157 of 213 Dougherty - Direct/Wzorek 158 1 MR. DOUGHERTY: You know, I think we have identified 2 work for them to do. 3 MR. RUCHLEWICZ: Okay. 4 MR. DOUGHERTY: I don't know whether we're at a point 5 where there's a contract. 6 MR. RUCHLEWICZ: Okay. 7 MR. DOUGHERTY: But -- 8 MR. RUCHLEWICZ: See, this is why I call you. 9 MR. DOUGHERTY: Matt has -- we have identified some 10 work for them to do. 11 MR. RUCHLEWICZ: Okay. Perfect. 12 MR. DOUGHERTY: Matt and I haven't flushed that out, 13 but we're going to give them a job, okay? That's my 14 instructions to the mayor. 15 MR. RUCHLEWICZ: Excellent. That's good news. Well, 16 they've been -- by the way, we have -- between -- I've got to 17 think of something, and the mayor just beat me up on this today 18 as we were walking back. He stayed at Jack's hotel today, or 19 last night. It's beautiful in (indiscernible). It's 20 beautiful. It's gorgeous. He wants Jack to do the same thing 21 (indiscernible). Albert (indiscernible) wants guess how many 22 million dollars for that piece of property? 23 MR. DOUGHERTY: How many? 24 MR. RUCHLEWICZ: Take a guess, Fran. I'm going to 25 make your Friday. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 158 of 213 Dougherty - Direct/Wzorek 159 1 MR. DOUGHERTY: He probably wants 21 million. 2 MR. RUCHLEWICZ: Oh, no. He's actually more 3 reasonable than that. He only wants 10. 4 MR. DOUGHERTY: No way, man. 5 MR. RUCHLEWICZ: I know. I don't know how 6 (indiscernible) reasonable. 7 MR. DOUGHERTY: Oh, he isn't. 8 MR. RUCHLEWICZ: But I don't understand. But, you 9 know, Jack is great. He does a great job. 10 MR. DOUGHERTY: Oh, yeah. I mean, this guy knows 11 what he's doing. That's why he's so filthy rich. 12 MR. RUCHLEWICZ: True. And by the end of the year, 13 he will be our largest donor. 14 MR. DOUGHERTY: How (indiscernible). 15 MR. RUCHLEWICZ: If all goes according to plan, he 16 will be our single largest donor. 17 MR. DOUGHERTY: How about that? Wow. 18 MR. RUCHLEWICZ: Go figure. 19 (End of audio) 20 Q Do you recognize the voices on that conversation? 21 A I do. 22 Q And who is that? 23 A Myself and Sam Ruchlewicz. 24 Q Is that you who says, "Matt, I'm going to have to flush 25 out (indiscernible) but we're going -- we're going to give them ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 159 of 213 Dougherty - Direct/Wzorek 160 1 a job. Okay. That's my instructions from the Mayor"? 2 A Correct. 3 Q And were those your instructions from the Mayor to get a 4 job for Mr. Rosen? 5 A They were. 6 MR. WZOREK: Your Honor, I'm going to move for the 7 admission of SR 205. 8 THE COURT: Okay. Any objection? 9 MR. MCMAHON: No. 10 THE COURT: That is admitted. You may publish it. 11 (Government's Exhibit SR 205 admitted into evidence) 12 MR. WZOREK: Your Honor, I'm going to remove that 13 because we played that already for the jury earlier. 14 THE COURT: Okay. 15 Q Mr. Dougherty, let's talk about the delinquent tax 16 collection contract in Northeast Revenue. Are you familiar 17 with that contract and that company? 18 A I am, sir. 19 Q Tell the ladies and gentlemen of the jury a little bit 20 about what that contract was about. 21 A The Northeast Revenue contract is a contract to collect 22 delinquent taxes on behalf of the -- of the City of Allentown. 23 Q And do you know was there someone who had been servicing 24 that contract for the City for a number of years up until 2013, 25 2014? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 160 of 213 Dougherty - Direct/Wzorek 161 1 A Yes, sir. 2 Q And who was that? 3 A A company by the name of Portnoff had been the City's 4 official delinquent tax collector. 5 Q And that was actually Portnoff Law Associates. Are they 6 actually lawyers? 7 A I believe they are, sir. 8 Q What if any communications or contacts or talks did you 9 have with the Mayor about Northeast Revenue? 10 A North -- well, many through a period of time. 11 Q Okay. Start off from the beginning. 12 A There was a -- a consensus among the city solicitor then, 13 Jerry Snyder, and the Mayor that they were unhappy with 14 Portnoff, probably from a -- a -- a collection perspective. 15 And they wanted -- they didn't -- they no longer wanted 16 Portnoff, and then Northeast Revenue was -- came out of 17 nowhere. I'm -- I'm not familiar with the -- you know, with 18 the companies that do that kind of work. But Northeast Revenue 19 was started to be talked about from the Mayor and from Gary 20 Strathearn and from Mike Fleck and Sam Ruchlewicz. And 21 Northeast Revenue became -- it -- Northeast Revenue was a very 22 important company and -- who wanted the contract and whom the 23 Mayor wanted to have the contract. 24 Q What do you mean it was a very important company? 25 A It was a very important company in that Northeast Revenue ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 161 of 213 Dougherty - Direct/Wzorek 162 1 was associated with a gentleman named Sean Kilkenny. 2 Q Who is he? 3 A And Sean Kilkenny was a -- was a lawyer, but actively 4 involved in the Democratic party in Montgomery County and who 5 was considered the heir to Marcel Groen who was then the 6 current head of the Democratic party in Montgomery County. 7 Q And what's so important about Montgomery County? 8 A Montgomery County has always been critically important 9 if -- if one has statewide ambitions. The road to the 10 governor's house always leads to Montgomery County, which is 11 our richest county in Pennsylvania. 12 Q And could you further that and say if one had national 13 ambitions for the U.S. Senate, that Montgomery County might 14 also be important? 15 A Yes, sir. 16 Q Do you know if an RFP was requested or a proposal was put 17 out for this delinquent tax collection contract? 18 A Yes, sir, I do know. 19 Q And were you involved as much as you were in the TEN 20 contract with this RFP? 21 A No, sir. This was under the auspices of the finance 22 director. 23 Q And who was the finance director at that time? 24 A The finance director at that time was a Mr. Gary 25 Strathearn. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 162 of 213 Dougherty - Direct/Wzorek 163 1 Q Did Mr. Pawlowski indicate to you at any time during these 2 conversations who he preferred to win this contract? 3 A Yes, unequivocally. 4 Q Unequivocally, what did he say? 5 A Northeast Revenue. 6 Q And what's the impact of him saying things like that to 7 you (indiscernible) members of the administration? 8 MR. MCMAHON: Objection. 9 THE COURT: State your ground. 10 MR. MCMAHON: He can speak to how it affected him, 11 not other people. 12 THE COURT: Very well. Sustained. Rephrase the 13 question. 14 Q What's the impact of something like that when the Mayor 15 says to you he wants Northeast Revenue to win this contract? 16 A Not a good one. It perverts the process again. 17 Q And you're second in command in the City basically at that 18 time. Is that right? 19 A Yes, sir. 20 Q People below you, and I'll use the term "food chain" -- 21 A Yes. 22 Q -- also serve at the pleasure of the Mayor. Is that 23 right? 24 A To a certain extent, yes. 25 Q What happened with the evaluation committee with Northeast ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 163 of 213 Dougherty - Direct/Wzorek 164 1 Revenue if you know? 2 A I do know. The evaluation committee basically was stacked 3 to favor Northeast Revenue. 4 MR. MCMAHON: Objection, Your Honor. May we seek 5 sidebar about this? 6 THE COURT: You may. 7 (Portion from 2:43 p.m. to 2:54 p.m. not transcribed) 8 (Recess) 9 (Portion from 3:07 p.m. to 3:09 p.m. not transcribed) 10 THE COURT: With that, Mr. Wzorek -- Attorney Wzorek, 11 please continue. 12 MR. WZOREK: Thank you, Your Honor. 13 BY MR. WZOREK: 14 Q Mr. Dougherty, I think we left it with when you became 15 aware of what happened at the evaluation committee on the 16 Northeast contract. Is that correct? 17 A Yes, sir. 18 Q And what, if anything, happened that you're aware of? 19 A I'm sorry? 20 Q What, if anything, happened? 21 A At first, the evaluation committee did not rule in favor 22 of Northeast Revenue. 23 Q Were there two companies in front of Northeast Revenue, 24 Linebarger and Portnoff Law Associates, if you know? 25 A There were -- I forget the names, but there were others ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 164 of 213 Dougherty - Direct/Wzorek 165 1 ahead of them who scored accordingly higher by the evaluation 2 committee. 3 Q And do you know if the evaluation committee was then 4 changed in some way to change the process? 5 A The evaluation committee was changed, yes. 6 Q Do you know a person by the name of Dale Wiles? 7 A I do, sir. 8 Q And who is Dale Wiles? 9 A Dale Wiles was one of the associate city solicitors in the 10 law office. 11 Q Prior to the evaluation -- do you know if Mr. Wiles was on 12 this evaluation committee? 13 A Yes, he was, sir. 14 Q Prior to the -- this contract with the evaluation 15 committee, did you have conversations with the mayor about 16 Mr. Wiles and his employment with the city? 17 A Yes, sir. 18 Q And what did that entail? What was -- 19 A That basically entailed the mayor's displeasure at -- 20 MR. MCMAHON: I have an objection as to the time, 21 when these conversations (indiscernible). 22 THE COURT: Very well. Could you -- Attorney Wzorek, 23 could you have the -- 24 BY MR. WZOREK: 25 Q The evaluation committee was in January of 2014 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 165 of 213 Dougherty - Direct/Wzorek 166 1 approximately. Is that correct? 2 A I believe so. Yes, sir. 3 Q So prior to that. Do you know was it a day before, a week 4 before, months before, the conversations you had with the mayor 5 about Mr. Wiles? 6 A No. It was in 2013 and I don't know whether it was, you 7 know, weeks or measured in months, but it was a time period 8 before then. The mayor was unhappy with Mr. Wiles' performance 9 as an assistant city solicitor. 10 Q Okay. And did he indicate what, if anything, he was going 11 to do or contemplated doing? 12 A Replace him. 13 Q After the evaluation, okay, so after January, February 14 2014, did the mayor continue to suggest that he was going to 15 replace Mr. Wiles? 16 A No, sir. 17 Q I'm sorry? 18 A No. 19 Q Do you know what changed his mind? 20 A Do I know what changed his mind? Northeast Revenue 21 changed his mind. 22 MR. MCMAHON: Objection, Your Honor. 23 THE COURT: State your ground. 24 MR. MCMAHON: There's no basis for that at all and 25 you can't just make a comment like that without a basis. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 166 of 213 Dougherty - Direct/Wzorek 167 1 THE COURT: Very well. Could you lay a foundation 2 how does he know? 3 BY MR. WZOREK: 4 Q Do you know specifically what changed his mind, sir? 5 A I do. 6 Q What was it? 7 A A conversation with the mayor, that he told me -- 8 Q What did he say to you? 9 A He said Dale is a member of the team. 10 Q Not the Eagles, right? 11 A No. 12 Q What was he talking about? 13 A The administration. 14 Q Do you know if the mayor ever became -- you mentioned a 15 few moments ago that the evaluation committee had not listed 16 Northeast Revenue as the choice originally. Is that correct? 17 A Correct, sir. 18 Q Do you know if the mayor became aware of that situation? 19 A Yes, he did. 20 Q And what, if anything, did he say to you about it? 21 A At some point he directed Gary to fix it. 22 Q Gary who? 23 A Gary Strathearn, the finance director at the time. 24 Q He told you that? 25 A Yes, sir. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 167 of 213 Dougherty - Direct/Wzorek 168 1 Q Fix what? 2 A Fix it to Northeast Revenue would get the award rather 3 than another company. 4 Q And again, I asked you when we talked about the TEN 5 contract -- 6 MR. MCMAHON: Objection. 7 MR. WZOREK: (Indiscernible.) 8 MR. MCMAHON: (Indiscernible.) Objection. 9 (Indiscernible.) 10 THE COURT: And I didn't even have -- hear the 11 question. What was the -- 12 MR. MCMAHON: (Indiscernible), if I can, for the 13 record. 14 (Sidebar from 3:13 p.m. to 3:14 p.m. not transcribed) 15 BY MR. WZOREK: 16 Q Mr. Dougherty, as you -- we talked a little bit about with 17 the TEN contract, there were companies that were trying to win 18 this -- the collection of the delinquent tax returns for the 19 city. Is that right? 20 A Yes. 21 Q And again, you talked earlier about an RFP. So an RFP was 22 placed out by the city in this case. Is that correct? 23 A Correct. 24 Q And again, that RFP would have set the qualifications that 25 the company would have to try and meet and how this whole ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 168 of 213 Dougherty - Direct/Wzorek 169 1 process was going to work. Is that right? 2 A Correct, sir. 3 Q Is that how this processed worked here? 4 A No. 5 Q So any company that relied on those representations by the 6 city would have been fooled. Is that right? 7 A Correct. 8 MR. WZOREK: Your Honor, I'm going to move for the 9 admission of MF 1979 and its publication to the jury. 10 THE COURT: All right. 1979. Any objection? 11 MR. MCMAHON: What was the number again? Sorry. 12 THE COURT: 1979, F -- 13 MR. MCMAHON: All right. 14 THE COURT: MF -- 15 MR. MCMAHON: MF? 16 THE COURT: 1979 or 19179? 1979? 17 MR. MCMAHON: I don't have it, Judge. 18 THE COURT: 19 -- 19 MR. MCMAHON: I can't find it, at least. 20 THE COURT: I don't have it either. I have 19140 -- 21 MR. MCMAHON: Wait a minute. Wait a minute. 22 THE COURT: -- 141 -- 23 MR. MCMAHON: I have it now. I have it. 24 THE COURT: 179? 25 MR. MCMAHON: Yeah. 1979. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 169 of 213 Dougherty - Direct/Wzorek 170 1 THE COURT: 1979? You may continue. I'll find it. 2 MR. WZOREK: Your Honor, I'll provide our copy to the 3 Court. 4 THE COURT: Okay. I got it. It's just a little 5 difficult following. 6 (Government's Exhibit 1979 admitted into evidence) 7 (Audio played in court as follows:) 8 MR. FLECK: Then the other question was, how was 9 the -- just to ask you a question, how was Northeast Revenue's 10 proposal for the -- for collection stuff? 11 MR. DOUGHERTY: Oh, I have not looked at any of 12 those. 13 MR. FLECK: Okay. 14 MR. DOUGHERTY: I sent them to you just as an FYI. 15 So, you know, if the powers that be have their druthers and 16 magic, what would be the preferred one? 17 MR. FLECK: Northeast Revenue would be the preferred 18 one this year. 19 MR. DOUGHERTY: Okay. 20 MR. FLECK: If there was a -- 21 MR. DOUGHERTY: All right. 22 MR. FLECK: If their proposal was good and everything 23 like that -- I think they're a good company. But if their -- 24 MR. DOUGHERTY: Yeah. 25 MR. FLECK: -- proposal is good for Allentown, then ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 170 of 213 Dougherty - Direct/Wzorek 171 1 that would make sense. 2 MR. DOUGHERTY: Yeah. Okay. Okay. 3 MR. FLECK: You know who that is, right? 4 MR. DOUGHERTY: All right. No, I don't. 5 MR. FLECK: It's Sean Kilkenny and John Rodgers. 6 MR. DOUGHERTY: I don't know them, but okay. 7 MR. FLECK: Sean Kilkenny is with -- with Friedman 8 Schuman. It's McCaffery's law firm. 9 MR. DOUGHERTY: Oh, okay. Okay. 10 MR. FLECK: And he's the -- he's also the heir 11 apparent to Marcel in Montgomery County. 12 MR. DOUGHERTY Oh, is that right? 13 MR. FLECK: Yeah. When Marcel decides it's time to 14 retire his old ass. 15 MR. DOUGHERTY: So it will go from the Sons of Israel 16 to the (indiscernible), huh? 17 MR. FLECK: Yeah. It will go from the Sons of Israel 18 to the (indiscernible) in -- in southeast PA. 19 MR. DOUGHERTY: Okay. I will -- I'll -- we'll get 20 into this this week, I guess, when Gary is back. 21 MR. FLECK: Yeah. Yeah. 22 MR. DOUGHERTY: Well, okay. All right. I got it. 23 MR. FLECK: Thank you. 24 (End of audio played into the record) 25 BY MR. WZOREK: ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 171 of 213 Dougherty - Direct/Wzorek 172 1 Q Do you recognize those voices, Mr. Dougherty? 2 A Yes. Myself and Mike Fleck. 3 Q You said I guess when Gary's back, we'll get into it this 4 week. Who's Gary? 5 A Gary Strathearn, the finance director. 6 Q And Marcel, is that Marcel Groen you mentioned earlier? 7 A I did. That was Marcel Groen, yes. 8 Q Okay. If you know, sir, what was done in the evaluation 9 committee to change the result from Northeast not being the 10 favored party to Northeast winning this contract? 11 A The deputy finance director changed her evaluation score 12 sheet. 13 Q Do you know if anyone was removed from the committee at 14 all, if you know? 15 A I don't recall the removal, but I just remember the 16 change. 17 Q Let me ask you if you know anything about an engineering 18 contract that -- on Basin Street that went to the McTish Kunkle 19 firm? Do you know anything about that? 20 A I know very little about it outside of Ms. -- the public 21 works director telling me that the -- 22 MR. MCMAHON: Objection. 23 THE COURT: Wait. 24 MR. MCMAHON: Hearsay. 25 THE COURT: I'll sustain. You don't have to repeat ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 172 of 213 Dougherty - Direct/Wzorek 173 1 that. 2 MR. WZOREK: Well, let's show the committee -- the 3 (indiscernible). 4 BY MR. WZOREK: 5 Q Before we get there, did you talk to people about this 6 contract in the city -- without telling us what they said, did 7 you talk to people in the city about this contract? 8 A Yes. 9 Q Who did you talk to? 10 A Craig Messinger. 11 MR. MCMAHON: Judge, I would ask that this not be on 12 the screen until -- 13 THE COURT: I don't think it is. It hasn't been 14 admitted. 15 THE WITNESS: No. It flashed real -- 16 MR. MCMAHON: (Indiscernible.) 17 THE WITNESS: -- momentarily. I didn't look at it. 18 THE COURT: It hasn't been admitted. 19 MR. MCMAHON: I saw it. 20 BY MR. WZOREK: 21 Q Do you know a person named Rich Young? 22 A Yes, sir. 23 Q Did you talk to him at all about this scenario as well? 24 A I don't recollect talking to Rich directly about it. I 25 may have, but I don't recollect it. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 173 of 213 Dougherty - Direct/Wzorek 174 1 Q Who was Matt McTish? 2 A Matt McTish was a principal in an engineering firm called 3 McTish & Associates. 4 Q Do you know if he had any connection with the mayor? 5 A He had a long connection with the mayor, yes. 6 Q In what way? 7 A Campaign contributor. 8 Q Had he obtained many contracts from the city? 9 A Yes, he did. 10 Q Was there anything unusual about those contracts? 11 A Yes. They were mostly focused in our parks department and 12 they were basically all under $40,000. 13 Q Okay. And why was that unusual? 14 MR. MCMAHON: Objection, Your Honor. 15 THE COURT: The question is objectionable? 16 MR. MCMAHON: Yes. 17 THE COURT: What is unusual about -- 18 MR. MCMAHON: Yes. 19 THE COURT: All right. 20 (Sidebar from 3:21 p.m. to 3:22 p.m. not transcribed) 21 THE COURT: We're moving on. 22 BY MR. WZOREK: 23 Q Do you know about what Basin Street was, the actual 24 location? 25 A Yes, sir. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 174 of 213 Dougherty - Direct/Wzorek 175 1 Q And do you know anything about the contract itself? 2 A Outside that McTish got the -- a portion of that contract 3 for -- and the inspection work. 4 Q Okay. And as an engineering company, what's the 5 difference between inspection work and other work that would be 6 done? 7 A There are various components to any construction project: 8 the actual -- the demolition, there's the site work, there's 9 the actual engineering plans, and there's the actual 10 construction, and then there's inspection. 11 Q So you're basically looking to see that other people are 12 doing the work the proper way? Is that -- 13 A That's how I understand inspect, sir. Yes. 14 Q Was that a PennDOT contract as well? 15 A I believe it was a PennDOT contract. 16 Q What does that mean for the city insofar it's a PennDOT 17 contract? 18 A I believe that was a pass-through. 19 Q What does that mean? 20 A That means that the city managed the contract, but it was 21 actually paid for out of PennDOT. 22 Q And do you know if the mayor would meet with PennDOT 23 people on a regular basis? 24 A I don't know what you mean by regular, but he would meet 25 with PennDOT, yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 175 of 213 Dougherty - Direct/Wzorek 176 1 Q Let's talk about pools. Let's talk about the pools and 2 Spillman Farmer. 3 A Yes, sir. 4 Q Are you familiar with that -- 5 A I am. 6 Q -- contract? Tell the ladies and gentlemen about that. 7 A The Spillman Farmer project concerned the replacement of 8 the city's premier pool. As I alluded to you earlier, when the 9 mayor decided to issue a $15 million bond and he allocated the 10 money into various projects, one of the line items besides the 11 street lighting contract you heard was for the renovation of 12 city pools, which were on average over 50 years old. 13 Q And do you know how much was allotted to the actual repair 14 of the pools? 15 A I believe -- I don't remember the -- I don't remember the 16 initial line item. 17 Q Well, was it hundreds of thousands or millions? 18 A Millions, sir. 19 Q And was that to repair just one pool or multiple pools? 20 A No, that would -- was to repair, I think, at least three 21 pools and renovate maybe one or two water-themed areas that we 22 had. 23 Q And was Cedar Beach one of the bigger pools in that area? 24 A Cedar Beach was the biggest and the -- what is considered 25 the premier pool in Allentown. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 176 of 213 Dougherty - Direct/Wzorek 177 1 Q And what was the company Spillman Farmer? Do you know 2 anything about them? 3 A What -- Spillman Farmer was an architectural firm who 4 specialized, according to what I knew, of pools. 5 Q So their work would have been design of some sort? Is 6 that -- they weren't going to rebuild the pools themselves. Is 7 that right? 8 A No. As I understood it, they were architects of pools and 9 I think their job was to design the pool. 10 Q Okay. And did you have any conversations with the mayor 11 concerning Spillman Farmer? 12 A I did, sir. 13 Q Tell the ladies and gentlemen of the jury. 14 A Spillman Farmer -- the mayor had told me Spillman Farmer 15 was a new client they had brought on. Spillman Farmer had some 16 expertise with pools, that he would be great to get them on 17 board for our pool -- for some of our pool work. 18 Q Did he ever indicate to you whether he expected to receive 19 any kind of campaign contributions from Spillman Farmer? 20 A He did. 21 Q What did he say? 22 A Spillman Farmer would be campaign contributors. 23 Q Do you know if they were also a client of Hamilton 24 Development? If you know? 25 A I know they were associated. I don't know what kind of ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 177 of 213 Dougherty - Direct/Wzorek 178 1 agreement or relationship they had. They were associated with 2 them. 3 Q Now, there was a request for proposal, RFP, put out in 4 this case. Is that correct? 5 A Yes, sir. 6 Q And again, that means the city is putting out a proposal 7 of what they want done and people could bid on it. Is that 8 right? 9 A Yes, sir. 10 Q Was there an evaluation committee that was put together to 11 evaluate the proposals that were received from different 12 companies? 13 A Yes. The Parks Department issued an RFP and the Parks 14 Department formed an evaluation committee to review and 15 evaluate those respondents. 16 Q After you had your conversation with Mayor Pawlowski about 17 Spillman Farmer, did you relay that information to anyone in 18 the Parks Department? 19 A I did. I relayed to Rick Holtzman, who was the head of 20 operations for the park service, that the -- the mayor wanted 21 Spillman Farmer to get the -- the first contract for the 22 architectural design. 23 Q And when you told Mr. Holtzman that, was -- can you tell 24 us what, if anything, his reaction was to you telling him that? 25 A The initial reaction was, you know, fine and let's see ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 178 of 213 Dougherty - Direct/Wzorek 179 1 where the -- what -- how the committee rules. And they went 2 along their -- with their business to evaluate them. 3 Q During the course of the evaluation, did the companies 4 that were bidding on this contract submit references to the 5 city to consider when making the determinations of who should 6 be chosen for the contract? 7 A Yes, sir. So in any sort of response to an RFP, it -- 8 there's one section that includes references for the city 9 personnel to call to confirm whether the company was in good 10 standing, had done good work, just like a reference in getting 11 a job. 12 Q And did you get any information concerning a reference for 13 Spillman Farmer? 14 A Yes. Mr. Rick Holtzman had come back, had advised me that 15 the evaluation committee had identified the three possible 16 awardees, including Spillman Farmer, whom I think they ranked 17 third, and that he had called Spillman Farmer reference to some 18 other municipality -- it may have been Nazareth, 19 Pennsylvania -- and contrary to what you might expect by 20 putting your own reference down, according to Rick, the 21 reference did nothing -- 22 MR. MCMAHON: Judge, I object to the hearsay at this 23 time. 24 THE COURT: Very well. Your response to the hearsay 25 objection, Attorney Wzorek? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 179 of 213 Dougherty - Direct/Wzorek 180 1 MR. WZOREK: It's a co-conspirator's statement in 2 this case. 3 MR. MCMAHON: (Indiscernible.) 4 THE COURT: Whose statement is it? 5 MR. MCMAHON: Mr. Young. He's not a co-conspirator. 6 THE COURT: Very well. I'm going to sustain the 7 objection. Rephrase the question. I -- 8 BY MR. WZOREK: 9 Q What did you do as a result of the information you 10 received? 11 A As a result of the information received, I had asked Sam 12 Ruchlewicz -- I had informed Sam Ruchlewicz that the evaluation 13 was a disaster that they had put down on their application and 14 that did you have any other references that the company could 15 use. 16 Q So you were talking to Mr. Ruchlewicz. Did you talk to 17 the mayor as well? 18 A I had informed the mayor that they were trashed in their 19 evaluation. 20 Q And what did he suggest you do -- 21 A Talk to Sam. 22 Q -- if anything? Excuse me? 23 A Talk to Sam. 24 Q That's what the mayor said? 25 A Yes, sir. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 180 of 213 Dougherty - Direct/Wzorek 181 1 Q And did you talk to Mr. Ruchlewicz? 2 A I did. 3 Q And was there another evaluation -- or another reference 4 that was provided at some time later? 5 A Yes. So after talking to Sam and told Sam what had 6 transpired in terms of his company, their preferred company got 7 trashed by their own reference company, he provided me another 8 name. 9 Q Now, let me ask you this. Is it in -- first of all, you 10 don't normally take part in these RFPs. Is that correct? 11 A I do not. 12 Q So TEN and now Spillman Farmer, were these unusual 13 situations? 14 A Highly. 15 Q When a company submits an RFP, I believe you said earlier 16 that that -- the information is confidential. Is that right? 17 A Yes, sir. 18 Q Did you reach out to -- did you or anyone else that you 19 know of reach out to any of the other companies involved with 20 the pool development to suggest, hey, you know, maybe you can 21 get a better reference or maybe you can do something else to 22 make your project look better? 23 A No, sir. The only preferential treatment was to Spillman 24 Farmer. 25 MR. WZOREK: Can we see I 5, please? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 181 of 213 Dougherty - Direct/Wzorek 182 1 BY MR. WZOREK: 2 Q Mr. Dougherty, I'm showing you what's been marked as 3 Government Exhibit I 5 for identification purposes. Is this 4 again one of those notes from one of your notebooks that you 5 wrote? 6 A Yes, sir. 7 MR. WZOREK: And I ask that that be published to the 8 jury, Your Honor. 9 THE COURT: Any objection? 10 MR. MCMAHON: No. 11 THE COURT: It's admitted. You may publish it. 12 (Government's Exhibit I 5 admitted into evidence) 13 BY MR. WZOREK: 14 Q Mr. Dougherty, I'm showing you I 5 again. Towards the 15 bottom of that, if I'm reading it correctly, if I'm not, it 16 says, "Pools, Spillman and Farmer, will consult in RFP." Is 17 that correct? 18 A Yes, sir. 19 Q Again, normally would you have had information about an 20 RFP that was being suggested by the city on something like 21 this? 22 A No. 23 Q Do you remember independently where you got this 24 information from? 25 A I don't. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 182 of 213 Dougherty - Direct/Wzorek 183 1 MR. WZOREK: Okay. Can we see I 6, please? 2 BY MR. WZOREK: 3 Q Mr. Dougherty, I'm showing you again what's been marked as 4 I 6 for identification purposes. Can you identify what that 5 is? 6 A Yes. Again, my notebook. This is the follow-up to the 7 conversation asking Sam -- or noting that the Nazareth 8 reference was a disaster. 9 MR. WZOREK: Move to admit, Your Honor. 10 THE COURT: Admitted. You may publish it. 11 (Government's Exhibit I 6 admitted into evidence) 12 BY MR. WZOREK: 13 Q Tell us what we're seeing in this document. 14 A You're seeing a list of the finalists for the pool RFP 15 from Spillman Farmer, Integrated Aquatics, and MKSD. 16 Q What does it say under Spillman? 17 A It says, "Nazareth," and it says, "Bob" -- I think -- 18 Q Is that maybe Riens? 19 A -- Bob Drum or Rum. 20 Q And who was that? 21 A I believe that was the reference individual from that 22 place. 23 Q Okay. Under Integrated Aquatics, can you tell us what 24 that means, what it says underneath there? 25 A "One more show." The other one's -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 183 of 213 Dougherty - Direct/Wzorek 184 1 Q One man show, maybe? 2 A -- unintelligible. 3 Q Would it be one man show? 4 A One man show. Okay. 5 Q How about MKSD? 6 A "Most experienced." 7 Q So is it fair to say that Integrated Aquatics and MKSD 8 were in the competition for the pool contract? Is that right? 9 A Yes, sir. 10 Q As far as you know, did they consider the competition to 11 be fair and honest? Is that right? 12 A Yes, sir. 13 Q It wasn't, right? 14 A No. 15 Q Did Spillman get the contract? 16 A Spillman got he contract, yes. 17 Q Were you there when they got the contract -- 18 A No. 19 Q -- (indiscernible)? Do you know what's happened to the 20 pool after this whole deal with the contract? 21 MR. MCMAHON: Objection. Relevance. 22 THE COURT: What is your response to relevance 23 objection as to what happened afterwards? 24 MR. WZOREK: (Indiscernible.) 25 THE COURT: Sustained. We're going to move on. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 184 of 213 Dougherty - Direct/Wzorek 185 1 MR. WZOREK: Your Honor, I'm going to move for the 2 admission of SR 354. 3 THE COURT: S -- oh, SR 354. Any objection? 4 MR. MCMAHON: None, Your Honor. 5 THE COURT: It's admitted. You may publish it. 6 (Government's Exhibit SR 354 admitted into evidence) 7 MR. WZOREK: (Indiscernible.) 8 THE COURT: 354. Do you have it, Mr. McMahon? 9 MR. MCMAHON: Not yet, Your Honor. I'm sorry. I 10 have it. Thank you. 11 THE COURT: Go ahead. 12 MR. WZOREK: Move for publication to the jury, Your 13 Honor. 14 THE COURT: You may. 15 (Audio played into the record as follows:) 16 MR. DOUGHERTY: (Indiscernible.) 17 MR. RUCHLEWICZ: So my pool -- 18 MR. DOUGHERTY: Uh-huh. 19 MR. RUCHLEWICZ: -- pick -- 20 MR. DOUGHERTY: Yeah. 21 MR. RUCHLEWICZ: Spillman? 22 MR. DOUGHERTY: Spillman. We like Spillman. They're 23 with Wayne Wade. 24 MR. RUCHLEWICZ: Yes. They're one of the three. 25 MR. DOUGHERTY: Okay. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 185 of 213 Dougherty - Direct/Wzorek 186 1 MR. RUCHLEWICZ: They have -- they have the -- from 2 what I can see, the cheapest proposal. 3 MR. DOUGHERTY: Okay. That's good. 4 MR. RUCHLEWICZ: That helps. 5 MR. DOUGHERTY: What's the problem? 6 MR. RUCHLEWICZ: The problem is that one of the 7 people -- Rick specifically, called the -- in their brochure, 8 they have their -- they were featuring the work they're doing 9 or have done on the Nazareth -- 10 MR. DOUGHERTY: Uh-huh. 11 MR. RUCHLEWICZ: -- pool. So Rick called the 12 Nazareth guy and the guy bashed the shit out of them, saying 13 you don't want this company, they've been very unresponsive, 14 that they fucked the project up. He had a very, very -- and 15 that's in their fucking brochure. The guy trashed them. So I 16 want to know whether there are other municipalities who can 17 talk -- 18 MR. DOUGHERTY: Let me get you a list. 19 MR. RUCHLEWICZ: -- fine of them. 20 MR. DOUGHERTY: I'll get you a list. You'll have it 21 by the end of today. 22 MR. RUCHLEWICZ: But the guy bashed them. 23 MR. DOUGHERTY: That's a problem. Time to go call 24 Joe and -- that's a problem. 25 MR. RUCHLEWICZ: So -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 186 of 213 Dougherty - Direct/Wzorek 187 1 MR. DOUGHERTY: But they -- we used -- they're 2 (indiscernible) from the state. 3 MR. RUCHLEWICZ: So they got -- they got trashed. 4 MR. DOUGHERTY: All right. 5 MR. RUCHLEWICZ: Okay? And this is upsetting to 6 one -- the main guy on that evaluation committee because he 7 feels like, well how responsive are they going to be to me. I 8 mean, what (indiscernible). 9 MR. DOUGHERTY: Oh, they're very responsive. 10 MR. RUCHLEWICZ: Now, I -- I want to see the -- to 11 make sure that I'm comparing apples to apples with the cost 12 comparison, but the good news is that from what they proposed, 13 they're the cheapest. 14 MR. DOUGHERTY: They're the cheapest. We like low 15 price. All right. I'll get you -- 16 MR. RUCHLEWICZ: So -- 17 MR. DOUGHERTY: I'll get you a list of -- 18 MR. RUCHLEWICZ: -- (indiscernible) happening here. 19 I -- is it like -- 20 MR. DOUGHERTY: What I can tell you right now -- 21 MR. RUCHLEWICZ: (Indiscernible) is give me -- give 22 me two other municipalities that I can have my guy call to talk 23 highly of them. 24 MR. DOUGHERTY: Sure. I'll give him Easton -- 25 MR. RUCHLEWICZ: Just give me -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 187 of 213 Dougherty - Direct/Wzorek 188 1 MR. DOUGHERTY: Yeah, yeah. I'll give -- 2 MR. RUCHLEWICZ: (Indiscernible.) 3 MR. DOUGHERTY: I can take you? 4 MR. RUCHLEWICZ: (Indiscernible.) 5 MR. DOUGHERTY: No problem. 6 MR. RUCHLEWICZ: Okay? 7 MR. DOUGHERTY: That's no problem at all. 8 (Skip in audio at 3:38 p.m.) 9 MR. DOUGHERTY: -- by the way. That is not -- 10 MR. RUCHLEWICZ: Anyway, for your records, that guy 11 at Nazareth -- 12 MR. DOUGHERTY: Uh-huh. 13 MR. RUCHLEWICZ: -- has a name of Bob Riens. 14 MR. DOUGHERTY: Bob Riens. 15 MR. RUCHLEWICZ: Riens. 16 MR. DOUGHERTY: I'll put this in my notes. 17 MR. RUCHLEWICZ: Yeah. 18 MR. DOUGHERTY: Spillman. 19 MR. RUCHLEWICZ: Bob Riens trashed them. 20 MR. DOUGHERTY: Bob R-E-A-N-S? 21 MR. RUCHLEWICZ: R-E -- R-I-E-N-S. Bob Riens. 22 MR. DOUGHERTY: Is an asshole. 23 MR. RUCHLEWICZ: Right. So it's coming -- it's 24 coming down to Spillman, Integrated Aquatics and MKSD are the 25 three finalists. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 188 of 213 Dougherty - Direct/Wzorek 189 1 MR. DOUGHERTY: No MKSD. They're the most expensive, 2 so I can rule them out easily. You know (indiscernible). 3 Okay. 4 MR. RUCHLEWICZ: Not helpful injuns. 5 (End of audio played into the record) 6 BY MR. WZOREK: 7 Q You said they're the most expensive, so I can rule them 8 out easily. Is that right? 9 A Yes, sir. 10 Q Was that your choice to make the decision on the pools 11 contract? 12 A No. 13 Q What did you mean by that? 14 A That would mean there was an easy excuse. 15 Q Excuse me? 16 A There was an easy excuse. 17 Q Do you know in the city RFPs, is it always the company 18 that has the cheapest bid that wins the contract automatically? 19 A No, sir. 20 Q All different factors go into deciding who's going to 21 win -- 22 A Yes, sir. 23 Q -- wouldn't you say? 24 A Yes. 25 Q Let's talk about Ramzi Haddad. Do you know if Mr. Haddad ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 189 of 213 Dougherty - Direct/Wzorek 190 1 had been a contributor to Mr. Pawlowski through the years? 2 A I do. 3 Q And had he been or had he not been? 4 A I knew he was. 5 Q Specifically, I want to call your attention to 1324 North 6 Sherman Street, the property there. Are you familiar with 7 that? 8 A I am, sir. 9 Q What do you know about that in relation to Mr. Haddad? 10 A This was a building that Mr. Haddid [sic] -- Haddad had 11 owned or recently bought and needed some help with the city in 12 expediting some inspections with. 13 Q Okay. And there's nothing wrong with expediting 14 inspections. Is that right? 15 A No, sir, we did it all the time. 16 Q It could be normal constituent service. Is that right? 17 A It could. 18 Q Does it become a problem when you're accepting money to 19 expedite -- 20 MR. MCMAHON: Objection, Your Honor, to -- 21 THE COURT: Sustained. Sustained. Rephrase the 22 question. 23 BY MR. WZOREK: 24 Q Is the normal course of business, there's no problem with 25 expediting an inspection. Is that correct? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 190 of 213 Dougherty - Direct/Wzorek 191 1 A No, sir. 2 Q Or expediting a zoning request. Is that correct? 3 A No, sir. 4 Q In the normal course of business? 5 A Correct. 6 MR. WZOREK: Can the witness be shown what's been 7 marked -- well, let -- before I get there -- 8 BY MR. WZOREK: 9 Q Was the zoning request by Mr. Haddad expedited, if you 10 know? 11 A Yes, it was. 12 Q And why was it expedited? 13 A Because he was a campaign contributor. 14 Q For who? 15 A For Mayor Pawlowski. 16 MR. MCMAHON: Objection, Your Honor. Can we see you 17 at sidebar again. This is -- 18 (Sidebar from 3:41 p.m. to 3:45, not transcribed) 19 THE COURT: You may continue. 20 BY MR. WZOREK: 21 Q Maybe you remember the question, but I don't. 22 Mr. Dougherty, was the zoning issue expedited? 23 A Yes. 24 Q And why was it expedited? 25 A Because of campaign contributions and his importance to ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 191 of 213 Dougherty - Direct/Wzorek 192 1 the mayor's political ambitions. 2 Q How do you know that? 3 A I know it directly from the mayor. I know it directly 4 from Sam Ruchlewicz and Mike Fleck. 5 Q So when the zoning issue came up -- tell us what the 6 zoning issue was as far as you know. 7 A I don't remember the specifics of the zoning issue, but it 8 was a zoning issue that normally would take weeks. He did not 9 have weeks on the books and he asked for our zoning officer to 10 get involved and to expedite it, which led me to have a 11 conversation with our zoning officer about his case. 12 Q Who was the zoning officer? 13 A Ms. Barbara Nemith. 14 Q And tell us about Barbara Nemith. What is she like? 15 A Barbara Nemith was a longtime city employee, you know, 16 wonderful, brilliant at her job, easy to get along with. I had 17 a good relationship with Barbara. I went down to see Barbara. 18 We had a good relationship. And I informed her about Ramzi 19 Haddid's problem and if she could help. 20 Q Okay. And was that specifically about this zoning issue 21 or had that happened beforehand, if you know? 22 A I don't know whether it was before or after. There were 23 many issues with zoning and codes with Mr. Haddid, so I don't 24 know where they are in terms of a time line. 25 Q All right. So this may not have been this exact issue on ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 192 of 213 Dougherty - Direct/Wzorek 193 1 North Sherman Street. Is that correct? Is that what you're 2 saying? 3 A Correct. Yeah. 4 Q Okay. 5 A I forget the specifics. 6 Q Tell us about the inspection of 1324 North Sherman Street, 7 what was involved there. 8 A So again, Ramzi Haddid's building and this time he needed 9 code inspections, which would be electrical, plumbing codes to 10 get the -- to get his certifications, get his certificate of 11 occupancy as time was clicking -- was ticking on his timetable 12 to get it open. 13 Q Okay. And what happened there? 14 A And I had went -- I had gone to Mr. Dave Paulus, who was 15 the head -- 16 Q I'm sorry. 17 A -- who was the head of our codes department -- we called 18 it Building Standards in Allentown -- that had jurisdiction 19 over that and asked Dave if he could expedite the inspections, 20 that rather than do them piecemeal, someone -- and basically 21 the operation of the -- was to send one electrical person out 22 one week, send the plumbing out the other week, whether he 23 could coordinate sending them all out en masse and get this 24 project done. 25 Q And do you know if that happened? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 193 of 213 Dougherty - Direct/Wzorek 194 1 A I believe it did happen, yes. 2 Q And could it even have just been in the same day it was 3 moved up on the schedule? Is that possible? 4 A I don't know how -- how well -- I don't know how quickly 5 he expedited it, but it was done in an expedited manner. 6 Whether it was a day or two, I don't recall. 7 MR. WZOREK: Can we see Government Exhibit C 6, 8 please? 9 THE COURT: Which exhibit? 10 MR. WZOREK: C 6 exhibit, Your Honor. 11 BY MR. WZOREK: 12 Q Mr. Dougherty, showing you what's been marked as 13 Government Exhibit C 6 for identification purposes. Can you 14 identify what that is? 15 A Yes. This is a email from Barb Nemith to me, copying her 16 deputy, concerning Ramzi Haddid at 1324 North Sherman Street 17 and his zoning application specifically. 18 MR. WZOREK: Move for admission of this exhibit, Your 19 Honor. 20 THE COURT: Any objection? 21 MR. MCMAHON: No. 22 THE COURT: It's admitted. C 6 is admitted. 23 (Government's Exhibit C 6 admitted into evidence) 24 BY MR. WZOREK: 25 Q All right. Mr. Dougherty, what is Ms. Nemith telling you ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 194 of 213 Dougherty - Direct/Wzorek 195 1 here? 2 A She's informing me that she doesn't have all the 3 information that she needs in order to expedite the zoning 4 application. And she's also informing me that there were major 5 interior alterations that require third-party plans and that 6 she'll try to get on it and have her deputy work on it in her 7 absence. And she would forward it to the neighborhood -- 8 appropriate neighborhood group for a right-to-know request. 9 Q All right. That last line, I'm assuming that would take 10 some time, is that right, forwarding the application to the 11 neighborhood group under the standard right to know. Is that 12 right? 13 A Yes. 14 Q And this is dated December 18, 2014, so we're talking a 15 week before Christmas. Is that right? 16 A Yes. 17 MR. WZOREK: Can we see Government Exhibit C 7, 18 please? 19 BY MR. WZOREK: 20 Q Mr. Dougherty, I'm showing you what's been marked as 21 Government Exhibit C 7. Can you identify what that is, sir? 22 A Yes. This is another follow-up email from Barb Nemith to 23 myself dated December 19th, which is a Friday, 2014, following 24 up on the Ramzi Haddid, informing me that they had been working 25 with Ramzi and they should be able to meet his -- working with ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 195 of 213 Dougherty - Direct/Wzorek 196 1 him, meet the zoning requirements that he needs. 2 MR. WZOREK: Move for publication of the -- of C 7, 3 Your Honor. 4 THE COURT: Any objection? 5 MR. MCMAHON: (No audible response). 6 THE COURT: It's admitted. C 7 is admitted. You may 7 publish it. 8 (Government's Exhibit C 7 admitted into evidence) 9 BY MR. WZOREK: 10 Q So this is the very next day. Is that correct? 11 A Yes. 12 Q After you receive the email from Ms. Nemith on the 18th -- 13 had you talked to her before that or did you talk to her after 14 that about expediting Ramzi's -- if you know? Had you talked 15 to her at all -- 16 A No. It would be before that because she was following up. 17 Q And are you certain you talked to her about the Sherman 18 Street property or was it about some other property in which -- 19 A I'm not sure, sir. 20 MR. WZOREK: Okay. Move for -- I -- for-- may C 11 21 be shown to the witness, Your Honor? 22 THE COURT: Was C 11 admitted before? 23 MR. WZOREK: I don't think so, Your Honor. 24 THE COURT: Any objection? 25 MR. MCMAHON: No. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 196 of 213 Dougherty - Direct/Wzorek 197 1 THE COURT: It's admitted. You may. You may show 2 it. 3 (Government's Exhibit C 11 admitted into evidence) 4 BY MR. WZOREK: 5 Q Mr. Dougherty, show you what's been marked as Government's 6 Exhibit C 11. Can you tell us what that is? 7 A C 11 is a email thread between Barbara Nemith, myself, 8 Mike Hefele, who was the planning director, as well as threads 9 that included Ramzi Haddid himself. 10 MR. WZOREK: Move for admission, Your Honor, C 11. 11 THE COURT: I think I admitted it. 12 MR. WZOREK: Okay. Thank you, Your Honor. 13 THE COURT: You may publish it. 14 MR. WZOREK: Can that be published to the jury? 15 BY MR. WZOREK: 16 Q And so it's the next day, Mr. Dougherty, is that right, 17 December 19th, 2:15 p.m.? Now the zoning application has been 18 approved. Is that right? 19 A Yes, sir. 20 Q So the turnaround was maybe less than 24 hours. Is that 21 right? 22 A It looks that way, yes. 23 MR. WZOREK: Can the witness be shown what's marked 24 as C 2, Your Honor? 25 BY MR. WZOREK: ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 197 of 213 Dougherty - Direct/Wzorek 198 1 Q Mr. Dougherty, I'm showing you what's been marked as 2 Government Exhibit C 2 for identification purposes. Can you 3 tell us what that is? 4 A Yes. This is an email from Dave Paulus, again the then 5 head of Building Standards, to myself on the subject of Sherman 6 Street. 7 Q And does it indicate when the inspection is going to be 8 held on? 9 A Yes. He is informing me that the inspection that I had 10 asked for him to expedite was then set for Thursday of -- 11 basically it would be May -- May 21st. 12 Q Okay. So nine days later. Is that right? 13 A Yes, sir. 14 MR. WZOREK: Can the witness be shown -- move for 15 admission, Your Honor, and publication to the jury. 16 THE COURT: Any objection? 17 MR. MCMAHON: No. 18 THE COURT: It's admitted. You may publish it. 19 (Government's Exhibit C 2 admitted into evidence) 20 BY MR. WZOREK: 21 Q Again, Dave Paulus is the director of Building Standards 22 and Safety. Is that right? 23 A Correct, sir. 24 Q What does that mean? What does he do? 25 A Again, they're -- they are the building and life safety ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 198 of 213 Dougherty - Direct/Wzorek 199 1 entity that goes out to inspect homes, commercial buildings for 2 safety, and for habitability. 3 MR. WZOREK: Thank you. May the witness be shown 4 what we've marked as Government Exhibit C 3, Your Honor? 5 BY MR. WZOREK: 6 Q Mr. Dougherty, I'm showing you what's been marked as 7 Government Exhibit C 3 for identification purposes. Can you 8 tell us what that is? 9 A Yes. This is a -- an email from Dave Paulus to Mayor 10 Pawlowski, copying me, which was dated May 21, 2015. Subject, 11 today's issues. 12 Q Okay. Is there any indication -- 13 MR. WZOREK: Move for admission, Your Honor. 14 THE COURT: Any objection? 15 MR. MCMAHON: No. 16 THE COURT: It's admitted. You may publish it. 17 (Government's Exhibit C 3 admitted into evidence) 18 BY MR. WZOREK: 19 Q Is there any indication concerning Mr. Ramzi's Sherman 20 Street property? 21 A Yes. In -- 22 MR. WZOREK: Is that published to the jury, Your 23 Honor? 24 THE COURT: Uh-huh. Yes. 25 THE WITNESS: He said -- it said in bullet point ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 199 of 213 Dougherty - Direct/Wzorek 200 1 number two that Mr. Ramzi's Sherman Street property was indeed 2 scheduled for that very afternoon, scheduled for today but 3 after he resolved the issue from last week. 4 MR. WZOREK: I would ask that the witness be shown 5 Government Exhibit C 4, Your Honor. 6 BY MR. WZOREK: 7 Q Mr. Dougherty, I'm showing you what's been marked 8 Government Exhibit C 4. The very bottom is the same email we 9 looked at, so we're looking at the top part. Can you identify 10 what that is? 11 A Yes. This is an email from Dave Paulus to Mayor 12 Pawlowski, copying me, under the subject of updates. Point 13 number one, the inspection for Mr. Ramzi on Sherman Street went 14 well. The next inspection is scheduled for late next week. So 15 again, a follow-up to the same inspection issue on Sherman 16 Street. 17 MR. WZOREK: Move for admission, Your Honor. 18 THE COURT: Any objection? 19 MR. MCMAHON: No, Your Honor. 20 THE COURT: It's admitted. You may publish it. 21 (Government's Exhibit C 4 admitted into evidence) 22 BY MR. WZOREK: 23 Q So Mr. Paulus is not only writing to you now, but he's 24 also writing to the mayor. Is that right? 25 A Yes. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 200 of 213 Dougherty - Direct/Wzorek 201 1 Q Does the mayor normally, in your experience, get involved 2 in inspection issues throughout the City of Allentown? 3 A Give or take. 4 Q I'm sorry? 5 A Sometimes. 6 Q This inspection on Sherman Street, is there anything so 7 unusual about it? 8 A The importance of Ramzi. 9 Q That's Ramzi Haddad, right, in bullet point one? 10 A Yes. Yes, sir. 11 Q Mr. Paulus refers to him as Mr. Ramzi, but it's Ramzi 12 Haddad. Is that right? 13 A Correct. 14 Q You're familiar with the city having a city solicitor. Is 15 that right? 16 A I am. 17 Q Who, if you know, appoints the city solicitor? 18 A The mayor appoints a city solicitor with the approval, I 19 believe, of -- of council. 20 Q In your experience, from what you know, did Mayor 21 Pawlowski get involved in the awarding or not awarding of 22 contracts to particular law firms? 23 A Yes, he did. 24 Q Let me ask you if you know the name Alan Kessler. 25 A I do. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 201 of 213 Dougherty - Direct/Wzorek 202 1 Q And did he work for a law firm by the name of Duane 2 Morris? 3 A Yes, sir. 4 Q Did Mr. Pawlowski get involved in awarding a contract to 5 Mr. Alan Kessler? 6 MR. MCMAHON: Judge, I have an objection. 7 THE COURT: State your ground. 8 MR. MCMAHON: It's not charged, not relevant, has 9 nothing to do with the case. 10 THE COURT: Okay. Well, relevant to what issues? 11 MR. WZOREK: Response to exactly the 12 cross-examination we've heard. Mr. McMahon has asked every 13 witness whether it's only the city solicitor who appoints law 14 firms. In this case, it's exactly an example that he did not. 15 THE COURT: For -- 16 MR. WZOREK: This question has been asked five times 17 by Mr. McMahon. 18 THE COURT: For that purpose, I'll permit it. 19 MR. WZOREK: And -- 20 MR. MCMAHON: Very well. 21 BY MR. WZOREK: 22 Q Was Mr. -- 23 MR. MCMAHON: Can I see you at sidebar, Judge? Maybe 24 not. 25 THE COURT: All right. That's a good idea. ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 202 of 213 Dougherty - Direct/Wzorek 203 1 BY MR. WZOREK: 2 Q Tell us about Alan Kessler and Duane Morris. 3 A Alan Kessler of Duane Morris based in Philadelphia is 4 another major mover and shaker, a prodigious democratic 5 fundraiser. 6 Q Do you know if Mr. Pawlowski get involved in assigning 7 contracts to him as opposed to a person by the name of 8 (indiscernible), if you know? 9 A I know he got involved with -- directly with him. I don't 10 know who versus whomever. I don't know the other side of the 11 equation. 12 Q Do you know the name Ken Jarin? 13 A I do. 14 Q And who is Ken Jarin? 15 A Ken Jarin is another Philadelphia based lawyer 16 specializing in labor law. 17 Q Did you have any conversations with Mr. Pawlowski about 18 whether work should go to Mr. Jarin? 19 A Yes. 20 Q What did he say? 21 MR. MCMAHON: Again, Judge, I -- 22 THE COURT: Just state your ground. 23 MR. MCMAHON: It's totally irrelevant to this 24 situation and there's no (indiscernible). 25 THE COURT: I -- right. 401 -- ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 203 of 213 Dougherty - Direct/Wzorek 204 1 MR. WZOREK: It's -- 2 THE COURT: -- 402. Go ahead. Response? 3 MR. WZOREK: It's charged, Your Honor. One of the 4 counts in 1001 is that Mr. Pawlowski indicated he did not give 5 work to attorneys -- 6 THE COURT: Briefly. Briefly. Just goes to one of 7 the counts in the indictment. Overruled. I'll permit it. 8 BY MR. WZOREK: 9 Q What, if anything, did he say to you about Mr. Jarin? 10 A That Mr. Jarin wasn't giving enough money, he was not to 11 get any more labor work. 12 MR. WZOREK: Move for admission of MF 13297. 13 THE COURT: 13297. Any objection, Attorney McMahon? 14 MR. MCMAHON: (Indiscernible) find it, Judge, I'm 15 (indiscernible). 16 THE COURT: You got to find it? 13297. 17 MR. WZOREK: 13297. 18 THE COURT: I got it. I got it. 13 -- all right. 19 I'm there. 20 MR. WZOREK: Move for the admission and publication 21 to the jury, Your Honor. 22 THE COURT: Admitted and you may publish it. 23 (Government's Exhibit MF 13297 admitted into evidence) 24 THE COURT: Attorney McMahon, do you have it? 25 MR. MCMAHON: Not yet, Your Honor. (Indiscernible) ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 204 of 213 Dougherty - Direct/Wzorek 205 1 -- 2 MR. WZOREK: 297. 3 THE COURT: 297. 4 MR. MCMAHON: One minute. 5 THE COURT: It's very brief. 6 MR. MCMAHON: (Indiscernible.) 7 THE COURT: MF -- yes, MF 13297. 8 (Counsel confer) 9 THE COURT: You may play it. 10 MR. WZOREK: Thank you. 11 (Audio played into the record as follows:) 12 UNIDENTIFIED: Hello. 13 UNIDENTIFIED: Hey. What's up? 14 UNIDENTIFIED: Hey. Ken Jarin boned you like you 15 were his prom date. 16 UNIDENTIFIED: Really? 17 UNIDENTIFIED: Yeah. Seriously. He -- yesterday he 18 goes Lisa -- well, I called him and then I got his secretary 19 and he's going to (indiscernible) online and give a donation. 20 And he gave it to -- he -- Lisa asked him about where's his ten 21 grand, you know, raising it, and he sent her a text back going 22 I gave $1,000 contribution today online. 23 UNIDENTIFIED: Yeah, well, that's the last time he 24 gets work. 25 UNIDENTIFIED: Boned you like a prom date ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 205 of 213 Dougherty - Direct/Wzorek 206 1 (indiscernible). 2 UNIDENTIFIED: I'm just tired of him. You know, he's 3 so -- first off, they're so bad at what they do. You know? I 4 mean, he was terrible. I'm tired of that guy. 5 UNIDENTIFIED: Okay. 6 UNIDENTIFIED: He's an idiot. He's a total idiot. 7 I'm just -- I'm tired of him. 8 (End of audio played into the record) 9 BY MR. WZOREK: 10 Q What type of work was Mr. Jarin doing for the city? 11 A He was doing labor law with our fire and police at one 12 time. 13 Q Do you know about the law firm of Stevens & Lee? 14 A I've -- I'm familiar with the name. 15 Q Did they fall out of favor with the City of Allentown? 16 A They did. 17 Q Do you know why? 18 A Lack of campaign contributions. 19 MR. MCMAHON: Again, I make the same objection as -- 20 THE COURT: State -- very well. State your ground 21 briefly, preferably -- 22 MR. MCMAHON: Basis for that opinion. 23 THE COURT: Okay. 24 MR. MCMAHON: Basis for that opinion. 25 THE COURT: Okay. Attorney -- would you lay that ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 206 of 213 Dougherty - Direct/Wzorek 207 1 foundation? 2 MR. WZOREK: (Indiscernible.) 3 THE COURT: Yes. 4 BY MR. WZOREK: 5 Q How do you know this? 6 A I know that from Mayor Pawlowski. 7 Q How? What did he tell you? 8 A In a conversation. 9 Q What did he tell you? 10 A That Stevens & Lee fell out of favor and they weren't 11 giving him money towards what he asked for money. 12 Q Do you know the firm of Dilworth Paxon and a lawyer by the 13 name of Marc Feller? 14 A Mark who? 15 Q Marc Feller? 16 A Yes. 17 Q What do you know about Mr. Feller's relationship with 18 Mr. Pawlowski? 19 A Mark Fellow -- Feller is a lawyer based in Dilworth in 20 Philadelphia who's done a lot of work for the City of 21 Allentown. 22 Q Did you become -- or did you -- were you asked to get some 23 information about the operation of the city's golf course? 24 A Yes, sir. 25 Q Who asked you to do that? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 207 of 213 Dougherty - Direct/Wzorek 208 1 A The mayor. 2 Q And what were you asked to do? 3 A The mayor had asked me to compile information as to the 4 specifics of the operations of the golf course, i.e. how many 5 rounds were played in one year, what were the operating costs, 6 what was the budgetary breakdown, and then as well as the 7 performance, how many rounds were played and what was the 8 traffic going through in any average one year. 9 Q And this request, was it something that was a long-term 10 request or was it something that suddenly came up? 11 A No, it was a sudden new request. 12 Q And after the FBI went into city hall with a search 13 warrant, did the mayor ask you any further questions about Marc 14 Feller and the golf course and Dilworth Paxson? 15 A No, sir. 16 Q (Indiscernible.) Were you asked to get involved in the 17 Trexler Trust? 18 A I was. 19 Q Tell the ladies and gentlemen of the jury about that. 20 A The city has a long-term relationship with something 21 called the Trexler Trust and the trust was founded by one of 22 the founding fathers in Allentown that bequeathed a certain 23 percentage of an endowment every year that had gone and is -- 24 and goes for parks in the city. It's governed by a board and 25 it's called, you know, the Trexler Trust, that basically ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 208 of 213 Dougherty - Direct/Wzorek 209 1 manages the foundation and the monies. And by the means of the 2 founder's will, a certain percentage every year goes to 3 Allentown park systems. That includes both monies earmarked 4 for capital projects and some very little discretionary money 5 for operating costs. 6 Q And how were you asked to get involved in that? 7 A I was asked by the mayor to get involved with that because 8 the -- since 2006, the mayor had brokered a deal with the 9 Trexler Trust. The -- prior to the mayor assuming the 10 mayorship, the city was in violation of that Trexler Trust 11 agreement. The mayor brokered a deal which was codified in a 12 legal contract that governed how the city would spend their 13 money. That at some point transpired -- had expired, rather, 14 and the mayor felt that we no longer needed to be governed by 15 such a -- an agreement, that best practices were in place where 16 that was no longer needed, and he wanted to give that -- give 17 that work away in order to convince the Trexler Trust to not 18 insist on a new -- new coder. 19 Q And it sounds legal work. Is that right? 20 A It's all -- it's all legal work. 21 Q Why were you involved in that? Why wasn't the solicitor 22 dealing with it? 23 A The solicitor had a conflict of interest at the time. 24 Q So what, if anything, did you do so far as Norris 25 McLaughlin was concerned? ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 209 of 213 Dougherty - Direct/Wzorek 210 1 A I had reached out to Norris McLaughlin at the -- at the 2 behest of the mayor and identified a Ms. Harris who could 3 possibly help us, you know, get this done. Followed up with a 4 phone call to Ms. Harris joined by our former city solicitor, 5 John Marchetto, and had a brief conversation about what we were 6 trying to do and what background we could provide her. 7 Q Did you have any conversations concerning Scott Allinson 8 with the city solicitor? 9 A I did. 10 Q And what were they? 11 A The message I received from Sam Ruchlewicz was that I 12 needed to talk to Susan Wild, the then city solicitor, that all 13 legal work to Norris McLaughlin had to be funneled through a 14 gentleman named Scott Allinson. And, you know, it begs the 15 question of why didn't you -- why aren't you doing it yourself. 16 Well, no one wanted to have that conversation with Susan. He 17 said the mayor could not have that conversation with Susan. 18 Only I could. 19 Q Did you know Scott Allinson? 20 A I did not. 21 Q Do you know what he even looks like? 22 A No, I don't. 23 Q Let me ask you, Mr. Dougherty, as you got closer to July 24 2, 2015, when the FBI came into city hall, were there any 25 suspicions in your mind about Mr. Fleck and his potential ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 210 of 213 Dougherty - Direct/Wzorek 211 1 cooperation with the government? 2 A Prior to July 2nd? 3 Q Before the FBI came -- 4 A Yes. 5 Q Tell the ladies and gentlemen of the jury about that. 6 A I had spoken with the then city controller, Mary Ellen 7 Koval, that Mary Ellen had heard through her contact, who was 8 also working for Mike Fleck, that she was told that Mike and 9 Sam were then in the throes of cooperating with the FBI and had 10 been wearing wires and had been working with the government for 11 some time. 12 Q Okay. Approximately when was that in relationship to July 13 2nd? 14 A I'm not sure the exact time frame. I'm -- it was weeks, 15 probably a couple weeks, if not longer. 16 Q When you got that information from Mary Ellen Koval, did 17 she say where she got the information? 18 A From a person called Celeste at Mike's firm. 19 Q When you got that information, what, if anything, did you 20 do with it? 21 A I kept it to myself, basically. Are you asking me whether 22 I informed the mayor of it? The answer is no. 23 Q Well, that's one thing I'd ask of you. 24 A No. 25 Q On the day of July 2, 2015, did you meet with the mayor ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 211 of 213 Dougherty - Direct/Wzorek 212 1 and Mr. Fleck for breakfast that morning? 2 A I did. 3 Q Did you have any conversation with the mayor about 4 Mr. Fleck at that morning? 5 A Yes, I did. 6 Q What did you tell him? 7 A At some point in the conversation, later in the 8 conversation, when it got to a point where finally, you know, 9 the -- the mayor was talking about paper trails and I finally 10 said, you know, this is -- this is -- well, word on the street 11 is Mike has been wearing a wire, Mike has been recording 12 everything, as well as Sam. And that's the first I had 13 informed the mayor that I had heard anything. 14 MR. WZOREK: Can I have one moment, Your Honor? 15 THE COURT: Yes, you may. 16 MR. WZOREK: I don't have any questions, Your Honor. 17 (Requested portion ends at 4:11 p.m.) 18 * * * * * 19 20 21 22 23 24 25 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 212 of 213 213 1 C E R T I F I C A T I O N 2 3 I, Ilene Watson, Lisa Luciano, and Alicia Jarrett, 4 court-approved transcribers, hereby certify that the foregoing 5 is a correct transcript from the official electronic sound 6 recording of the proceedings in the above-entitled matter and 7 to the best of our ability. 8 9 10 ____________________________ 11 ILENE WATSON, AAERT NO. 447 DATE: January 26, 2018 12 ACCESS TRANSCRIPTS, LLC 13 14 15 16 ____________________________ 17 LISA LUCIANO, AAERT NO. 327 DATE: January 26, 2018 18 ACCESS TRANSCRIPTS, LLC 19 20 21 22 ____________________________ 23 ALICIA JARRETT, AAERT NO. 428 DATE: January 26, 2018 24 ACCESS TRANSCRIPTS, LLC 25 ACCESS TRANSCRIPTS, LLC 1-855-USE-ACCESS (873-2223) Case 5:17-cr-00390-JS Document 177 Filed 05/08/18 Page 213 of 213