“In order to give a truthful answer, you have to be asked an understandable question,” Defense Attorney Ralph Kohnen said, calling for an acquittal while the jury was in a recess.
“Judge, it’s simply a matter of semantics.”
But U.S. Assistant Prosecutor Jennifer Barry said Lang knew Smith was a Dynus employee, and he knew from media accounts that others were testifying that he gave kickbacks.
“Prior to his testimony, he knew what was going to be said and he had time to figure out how it was not going to be viewed as a kickback,” she said. “... The only way he could say it wasn’t a kickback was to testify falsely that he didn’t know Jim Smith was an employee. Otherwise he had no explanation to give of the money going back to Jim Smith.”
Judge Sandra Beckwith said she would take the matter into consideration. In the meantime, the defense expects to call Sue Swank, a part-owner in Performance Benefits Solutions, to the stand Monday afternoon. Kohnen said he may call up to four witnesses or just one and he will present his list of witnesses to the defense by 5 p.m. Saturday.
The prosecution called 13 witnesses, though they subpoenaed more, and some also were subpoenaed as witnesses for the defense.
Those who were on the witness list, but didn’t testify included former county auditor Kay Rogers, West Chester Twp. Trustee Catherine Stoker and former West Chester Twp. Trustee Jose Alvarez.
Six witnesses were called to testify Friday including West Chester Twp. Administrator Judi Boyko, former West Chester Twp. administrator and current Warren County Administrator Dave Gully, West Chester Twp. Director of Communications and Information Technology Denise Bruce, Butler County’s Director of Information Technology Greg Sullivan, Lang’s administrative assistant Patricia Colbert, and Andrew Quam, a benefits enroller with Performance Benefits Solutions.
The majority were asked to reiterate their understanding that Jim Smith was an executive of Dynus and in charge of negotiating deals on its behalf.
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