Pickerington Area Taxpayers Alliance

McAuliffe testifies in court

By KRISTIN GORDON
The Eagle Gazette Staff; kgordon@nncogannett.com

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COLUMBUS -- When D.J. Faller offered to burn down Don McAuliffe's home in February 2002, the judge told Faller he'd ''sleep on it'' then later told Faller no.

McAuliffe, 58, Millersport, took the stand in his defense at 1 p.m. Tuesday. The former Fairfield County Municipal Court judge is on trial in U.S. District Court, facing charges of arson, conspiracy, two counts of mail fraud and money laundering, and one count of forfeiture seeking $235,000. If convicted, he faces a maximum 20-year prison sentence.

''I took a deep breath; I was flabbergasted,'' McAuliffe testified. ''I said, 'D.J., let me think about it' -- since this involved Beth (Westminster), I needed to think about it.''

So McAuliffe went to visit Westminster, his on-again, off-again girlfriend in Nelsonville. They discussed Faller's offer, and McAuliffe made up his mind.

''I told (Beth) that I made it clear that I rejected the offer,'' he said.

The next day, he told Faller not to burn down the house at 3765 North Bank Road.

''I wouldn't be surprised if it caught on fire while you're on vacation,'' Faller said, according to McAuliffe.

On March 8, 2002, the house was destroyed by fire. Looking back, McAuliffe said he handled the situation improperly and did not contact authorities, he said.

''I was just caught so far off guard,'' he said. ''Here's someone that's my partner, offering to commit a felony.''

Faller and McAuliffe had started an excavating business, Judge-R-Work, about a month before.

''I would say what I did with D.J. was a cop-out,'' McAuliffe testifed.

Would he have considered letting Faller commit arson?

''I knew it was very, very unlikely; OK, let's back that up -- I would have never done it,'' he said. ''I rethought it, and I never would have done it.''

Needing to talk to his girlfriend first was an excuse, he said.

''I did not want, in any circumstances, my house burnt down,'' he said.

When his neighbor, attorney J. Tullis Rogers, called him in the Virgin Islands to tell him about the fire, McAuliffe said his first thought was to ask whether anyone had been hurt.

When he returned from vacation, his friend, former Pickerington Mayor Lee Gray, and Faller were both at Port Columbus Airport to tell him the news. He and Faller later discussed the fire.

''I asked D.J. whether he had any involvement in this,'' McAuliffe said.

Faller said that Westminster's son had knocked over a lamp in the basement and started the fire. Westminster was given a pile of things to collect from the home, and has testified that her children were not with her.

McAuliffe did give her permission to remove several items while he was gone, including a grandfather clock, chest, bookshelves and rugs. They were to be put in a cabin he gave her for Christmas.

He did not leave family photos or a Bible -- items she said were in the pile, according to McAuliffe.

Before the fire, McAuliffe had traveled to North Carolina for a golf trip with friends. When he returned, he checked the mail but did not enter the house before leaving for the Virgin Islands, he said.

liar two

Faller testified that McAuliffe and he broke gas lines in the basement in an attempt to start a fire. When that failed, they allegedly placed a halogen lamp against the wall.

Faller lied to the jury, McAuliffe said.

Two weeks before the fire, insurance agent Lou Postage came to the home to inspect equipment for Judge-R-Work, McAuliffe said. While he was there, they talked about renovations the judge was making on the home.

They talked about what he needed to do to increase the insurance after they were complete, but McAuliffe was unaware the policy had been increased by more than $200,000, he said.

''I had absolutely no idea,'' he said.

The insurance increase, fire and Westminster's visit to the home are all unique coincidences, he said. His testimony continues this morning.

Originally published Wednesday, February 11, 2004

Don't ask Don't tell version

Judge says partner?’s offer to burn house shocked him
Wednesday, February 11, 2004
Mary Beth Lane
THE COLUMBUS DISPATCH
Summary
McAuliffe trial


Former Fairfield County judge Don S. McAuliffe told federal court jurors yesterday that he had nothing to do with burning his house, adding that he was ''flabbergasted'' when a business partner suggested it.

Still, the former municipal court judge acknowledged he didn?’t tell authorities about the crime suggested to him by contractor Darrell ''D.J.'' Faller. And McAuliffe didn?’t tell insurance investigators, either, after his Millersport home along Buckeye Lake was destroyed on March 8, 2002.

Nor did McAuliffe mention anything about Faller?’s proposal when the judge completed a proof-of-loss sworn statement, notarized by his court assignment clerk, that he sent to Grange Insurance after the fire. He collected $235,000.

''I had no intent to injure or defraud the insurer,'' McAuliffe told jurors.

''I did take the position ?— and I equate it to President Clinton?’s treatment of gays in the military ?— don?’t ask, don?’t tell,'' McAuliffe testified in U.S. District Court in Columbus.

McAuliffe, dressed in a dark navy suit, testified in a soft, calm voice and denied having anything to do with an alleged arson-for-profit scheme.

That?’s at odds with accounts from Faller and McAuliffe?’s former girlfriend. The unindicted co-conspirators have testified against McAuliffe in the trial that is now in its third week.

Faller approached him with the offer, McAuliffe testified.

''He offered to burn down the house. Well, I took a deep breath. I was flabbergasted. I said, ?‘D.J., let me think about it.?’ ''

Looking back, McAuliffe said, he used ''extraordinarily bad judgment'' in not dismissing the idea immediately.

''I was so caught off-guard,'' he told jurors. ''Here was someone who was my partner offering to commit a felony.''

The men had formed a business, Judge-R-Work, with McAuliffe fronting the money to set it up and Faller doing the work.

After Beth Westminster ?— McAuliffe?’s on-again, off-again girlfriend ?— urged him to make it clear he wasn?’t interested, McAuliffe said he ''uncategorically'' rejected Faller?’s offer the next day. He denied any involvement in planning or participating in an attempt to blow up the house with natural gas on Feb. 27, 2002, or putting a hot halogen lamp against a wall a few days later.

McAuliffe was in the Virgin Islands when a neighbor telephoned with the news that his house had been destroyed.

When McAuliffe returned, he told jurors, Faller told him the fire started when one of Westminster?’s children knocked over a lamp. ''I felt it was plausible,'' McAuliffe said, adding, ''Certainly a unique coincidence.''

McAuliffe said it was also a coincidence that the insurance had been increased on his house on Feb. 22, 2002, just before the fire. He testified that his insurance agent acted on his own.

McAuliffe also denied instructing Westminister ?— as she testified ?— to take family photographs, his boyhood toy chest and other heirlooms from the house before the fire.

He added that he didn?’t think he had a legal obligation to tell Grange Insurance that Faller had offered to burn down the house.

He decided, he said, ''I would answer what they asked truthfully but not volunteer anything.''


mlane@dispatch.com

Don't ask Don't tell!!!

How come we can't ask some questions here. First isn't the former Judge sworn-in prior to any judgements he may make? I would bet in that oath he swears to there is a phase to uphold the laws of OHIO. Arson is a felony, isn't it? Maybe today he claims he is a priest and he wasn't bound to tell anyone when his partner confessed.

He has his home owners insurance increased by $200,000 and he didn't know it had increased. The agent (Lou Postage) did it on his own???

Former Pickerington Mayor Lee Gray meet him at the airport to tell him his house had burnt down? How did Lee know? Was Mr. Gray his alibi? If Lee was the alibi, dosen't that make Lee another accomplice?

Don McAuliffe is acting like a high school drop out that didn't know any better. He was a Judge that was educated and was making judgements of others' crimes. He knew the law. He knew his duty. He chose to cover it up and not tell what he knew if that is his story.

This is getting better by the day.


By Onlooker