Wednesday, December 3, 2003

Poughkeepsie Journal

Lawyer and his Investigator Allegedly Tried to Alter Witness' Story

WHITE PLAINS - A Poughkeepsie attorney and an investigator who worked for him conspired to tamper with a key witness in drug cases against the attorney's client, a prosecutor alleged in federal court Tuesday.

"This is a case about a criminal defense lawyer and a private investigator who crossed the line," assistant U.S. Attorney Cathy Seibel told the jury of seven men and five women during open arguments in U.S. District Judge Stephen C. Robinson's courtroom.

Donald Roth, 34, the attorney, and David St. John, 51,  the investigator, allegedly tried to get Charles Melvin to deny his prior statements that he bought crack cocaine from Roth's client, Raymond Bryant, in may 2002.

Bryant and Timothy Cherry, both of Newburgh, have pleaded guilty to the drug charges and agreed to testify against Roth and St. John.

Cherry Arrested

Seigle said they also wanted Melvin to deny information he gave to police in September 2002 that led to a raid on Cherry's house. Cherry was arrested when police found nearly 3 ounces of crack cocaine at the house.

Roth and St. John told Bryant they would get Melvin to change his statements, give the affidavits to prosecutors and get the Charges dismissed, Seibel said. The pair previously had gotten another witness to change his story in an Orange County murder case in such Bryant's brother, Antonio, eventually pleaded guilty to a lesser charge, Seibel said.

Melvin met with St. John on November 21, 2002, at a state Thruway rest stop. St. John came to the meeting with typed statements for Melvin to sign. Seibel said, whereby Melvin would change his story. Melvin came to the meeting wearing a wire that allowed a Newburgh police detective and an ATF special agent to listed in on the conversation.

Melvin did not sign any affidavits during the meeting. St. John was attested after Melvin left. Roth and St. John were indicted September 4. Roth is charged with conspiracy to commit witness tampering and obstruction of justice. The charges carry a maximum five-year prison term and a $250,000 fine. St. John was charged with conspiracy to commit witness tampering.

St. John's lawyer, William Aronwald, said Roth and St. John did nothing illegal by trying to interview Melvin in an attempt to gain evidence for Roth's defense of Cherry Bryant.

"This is a case about a criminal defense lawyer and a private investigator doing their job," he said.

Roth's lawyer, Larry Hochheiser, said the taped conversations that will be played at trial will clear both.

He told jurors that by the ind of the trial "you'll wonder why we're here in the first place."

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