Prosecution rests in Chicatelli trial

By MARK TODD - Staff Writer - mtodd@starbeacon.com
Star Beacon

May 07, 2008 07:28 pm

— CONNEAUT — Two Conneaut police officers testified Wednesday Councilman-at-Large Jacob Chicatelli was driving under the influence when stopped for a routine traffic violation nearly one year ago.
A jury trial in Conneaut Municipal Court for the veteran councilman began after a jury selection that stretched nearly two hours. The nine-member panel — six women and three men — was culled from some 45 prospects who filled the courtroom and spilled into the corridor.
Chicatelli, 52, a 15-year member of council, has been charged with operating a motor vehicle while under the influence of alcohol and/or drugs, and also operating a motor vehicle under the influence and refusing a chemical test with a prior conviction.
The latter charge stems from Chicatelli’s arrest in December 2004 on an identical drunk-driving charge. He pleaded no contest in the first matter and was later found guilty.
Amanda Condon, an assistant Ashtabula County prosecutor, called two witnesses before resting her case late in the afternoon. Patrolmen Steve Gerics and Denny Moore testified Chicatelli failed three field sobriety tests administered at the scene of the traffic stop.
Defense witnesses will take the stand this morning. In his opening remarks, defense attorney Joseph Morse of Cleveland said testimony will show Chicatelli’s mobility at the time was hampered by medical and physical problems — not alcohol or drugs.
Gerics, the arresting officer, was on the stand more than 2 1/2 hours. The incident began at 2:18 a.m. on June 23, Gerics said, when he stopped an SUV on Broad Street next to the Norfolk Southern Railway bridge after he watched the vehicle’s driver make a series of turns without using a turn signal. Chicatelli was behind the wheel, Gerics said.
Chicatelli smelled of an alcoholic beverage, slurred his words and his eyes were blood-shot and glassy, Gerics said. Moments after exiting, Chicatelli stumbled against his vehicle, Gerics said.
Three separate and standard field sobriety tests — walk-and-turn, leg lift and eye gaze — were given Chicatelli and he failed them all, Gerics said. At one point during the tests, Chicatelli said “I can’t do this test. Just take me to jail,” the officer said.
Before beginning the leg lift, Chicatelli said he had a bad right leg, Gerics said. Chicatelli didn’t object when told he could perform the test with his left leg, the officer said.
Chicatelli also made “odd” remarks during the arrest, Gerics testified. Asked where he was coming from, Chicatelli told the officer he thought he saw a “12-pack laying in the middle of the road.” Later, Chicatelli said he was carrying needles. When questioned, Chicatelli said “What needles? I don’t have any needles,” according to the officer.
Chicatelli was taken to the hospital for a blood alcohol test, which he refused, Gerics said. The arresting officer decides the type of test given the suspect, he said. At the police station, Gerics said Chicatelli was argumentative and refused to sign booking documents.
Under Morse’s cross-examination, Gerics said he knew the vehicle he was observing was owned by the Chicatelli family by its vanity license plate, but did not know who was driving at the time of the stop. He also said the vehicle was not swerving or weaving prior to the stop.
Gerics was shown a video recording of Chicatelli’s booking procedure in the jail. There was no audio for the recording. Chicatelli showed no signs of swaying or loss of control in the video, Morse said. Chicatelli was able to change into a jail uniform without assistance, Gerics said.
Moore, during his time in the witness chair, said he was called by Gerics to assist at the scene and observed the field tests. He eventually reached the same conclusion as Gerics.
“He shouldn’t have been driving,” Moore said. “He was too impaired.”
During cross-examination, Moore told Morse some of his courtroom testimony was not included in his written report of the arrest.
Morse, in his opening statement, said Chicatelli has undergone “numerous operations,” some on his legs, and suffers from bone degeneration in an ankle. “Health is generally an issue for him,” Morse said.
At the time of his arrest, Chicatelli was buying cigarettes and awaiting a telephone call from his daughter, Morse said.
Judge Ralph Perk Jr. of Cleveland is hearing the case. Conneaut Judge Thomas Harris excused himself to avoid any conflict of interest. The city law director’s office, citing the same conflict concern, asked the county to present its case.