Jury selected in Salvatori trial

It took three full days but by the end of Friday, a three-man, three-woman jury and two alternate jurors were seated in the Stadium Naples public corruption trial of Naples attorney Leo Salvatori.

Once Senior Circuit Judge Stephen Dakan got the jurors down to a pool of 33 by the beginning of Friday morning, the prosecution and defense attorneys began serious questioning.

Although all jurors had been told by Dakan of the racketeering, racketeering conspiracy and unlawful compensation charges against Salvatori, and that the charges involved the Stadium Naples development, they were not told much more.

However, questions asked by the attorneys on Friday foreshadowed what they are likely to hear and see at trial for the next three or four weeks. Salvatori's chief counsel, Bill Richey, prodded jurors over and over about how they felt about a defendant who might exercise his constitutional right not to testify.

Some potential jurors said they were distinctly uncomfortable about the idea.

"It's too sneaky if they are not talking," one woman said.

Those with similar opinions didn't make the final cut.

The defense attorneys were clearly trying to weed out people who blamed the developers for growth problems in Collier County.

Salvatori is a real estate attorney who represents developers. He is accused of helping developers curry favor with county commissioners in order to win votes beneficial to the Stadium Naples project.

"Do you believe development has been excessive?" Richey asked the jury pool. "Do you believe the County Commission violates the comprehensive plan or is pretty much on course?"

One woman who lives in Immokalee said that community feels marginalized by the way the county applies development rules universally, not taking into consideration the uniqueness of the farming community 30 miles northeast of Naples.

"Do you have a belief about corruption in local government in Florida with regard to developers having undue influence?" Richey pressed on.

"This is what we are trying to find out. If you have a bias," he said.

One woman confessed to a bias.

"I have a strong bias about Florida. I am a native Floridian and I have seen what's happened to our state," she said.

She, too, wasn't a survivor.

The defense attorneys and prosecutors were each allowed to toss six jurors from the lineup.

Special Prosecutor Michael Von Zamft wanted to know what potential jurors thought about people charged in a crime who pleaded to reduced charges in return for cooperating with prosecutors.

SALVATORI JURORS

Members of the jury, whose names weren't released (There are two alternates.):

  • A 62-year-old Golden Gate man
    Married, has worked for Allen Systems Inc.; came to Naples nine months ago from Dallas, Texas; served in U.S. Navy four years.

  • A 20-year-old man
    Born in Naples; unemployed former shipping manager from Pizza Hut; he is looking for a job. Convicted of driving with a suspended license and violating probation.

  • A 60-year-old man
    Married, in the commercial insurance business with his son; sells insurance to people such as company directors and officers; was about to sell policy to Maricopa Investments' David Mobley before Mobley's arrest; is building a home in Old Naples; has lived in Collier County six years.

  • A 59-year-old East Naples woman
    Retired law office manager/paralegal, from Connecticut.

  • A woman whose age wasn't available
    Married, mother of six children ages 40-49; retired from a number of careers including selling cars, running a small consumer marketing company; enjoys her hobby of stone sculpting; lives in a golf course community and has a golf club membership; came to Collier County five years ago from New York.

  • A 55-year-old North Naples woman
    Supervises transcriptionists at North Collier Hospital; has worked for NCH Healthcare Systems Inc. for 17 years.

  • A 68-year-old East Naples man
    Married, retired from New Jersey; worked as special agent for the U.S. Treasury, U.S. Secret Service and was a criminal investigator for the IRS; served three years in Marine Corps and has lived in Collier County four years.

  • A 37-year-old East Naples woman
    Manager of DSI Laboratories in Fort Myers, which is part of NCH Healthcare Systems Inc.; married to a Collier County sheriff's deputy; has lived in Collier County two years.
Von Zamft plans to call as a key witness David Mobley, who was sentenced to 17½ years in federal prison for bilking his hedge fund investors out of more than $120 million. Mobley was also the money man behind Stadium Naples and the $100,000 Educorp loan to then-Commissioner Tim Constantine. Salvatori was also Mobley's attorney.

Mobley, who was also charged in the Stadium Naples case, has been cooperating with prosecutors, which could affect his federal sentence.

"I have a hard time believing what they say because their motive is self-serving," one man said.

The two other potential jurors who expressed similar opinions were gone when the panel was compiled.

Next up for discussion was whether some jurors may find Mobley unlikable.

"Just because someone is not likable, does that mean they are not likely telling the truth?" Von Zamft wanted to know.

Richey asked if there were biases against attorneys, if anyone particularly disliked Italian-Americans and whether jurors had any particular religious beliefs that would make them likely to believe someone who says they have had a born-again experience is telling the truth about other things.

Mobley claims to be a born-again Christian.

Although Dakan had been quiet most of the day, he drew the line at asking jurors their religious beliefs.

"It's not the Scopes Trial," Dakan said. "You can't ask that question."

By the end of the day, the jury consisted of three men, three women and one alternate female juror and one alternate male juror.

Salvatori becomes the first defendant to stand trial in the case that also included three former county commissioners, the former county manager, three developers, the founder of ESPN Sports Network and Mobley.

Seven of the 10 defendants have already entered pleas to reduced or related charges.

Prosecutors say Salvatori, who chose to be tried in Naples, knew when he drew up the Stadium Naples papers in May 1997 that then-Commissioner John Norris was getting a sweetheart deal in return for votes beneficial to the Stadium Naples project. He also knew when he was involved in the $100,000 loan for Constantine, which was never paid back, that the loan was for votes. As part of the racketeering conspiracy, prosecutors say, Salvatori also participated in disguising the source of $300,000 in cash that arrived in Naples in a manila envelope.

But defense attorneys have claimed all along that Salvatori knew nothing of any attempt to curry favor with commissioners. He was simply doing the job his clients asked him to do.

Opening statements are scheduled to begin at 9 a.m. Monday in courtroom 2-B in the Collier County Courthouse.

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