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McAuliffe denies part in arson plot


From staff reports

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COLUMBUS -- Under cross-examination Wednesday, former Fairfield County Municipal Court Judge Don McAuliffe again denied plotting to burn down his house for insurance money, and argued gaps in recorded conversations presented by prosecutors produced a false picture of those talks.

McAuliffe, 58, Millersport, is on trial in U.S. District Court on charges of arson, conspiracy, two counts of mail fraud and money laundering and one count of forfeiture seeking $235,000. He is accused of conspiring to burn down a house he owned on March 8, 2002, just after increasing the insurance coverage by more than $200,000. If convicted, he faces a maximum of 20 years in prison.

Assistant U.S. Attorney David DeVillers repeatedly asked McAuliffe whether he remembered making statements attributed to him on tapes presented during the prosecution's case.

Each time, McAuliffe would answer that transcripts show him making those statements, but the transcripts were incomplete or inaccurate.

The recordings were of conversations between McAuliffe and D.J. Faller, his alleged accomplice, or Beth Westminster, his on-again, off-again girlfriend.

McAuliffe said gaps in the tapes omitted portions of the conversations that would clear him.

''If it were all on tape, I wouldn't be here,'' he said.

On Tuesday, McAuliffe testified that Faller had offered to burn down the house at 3765 North Bank Road. McAuliffe said he needed to time to think about it and ask Westminster.

McAuliffe was asked on Wednesday why he did not tell agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives about Faller's offer when he was interviewed in March 2003.

McAuliffe said he was worried that Faller might have a tape of their conversation about Faller's offer to burn down the house, and that the tape might be embarrassing because McAuliffe did not immediately refuse the offer.

''I was afraid of the political ramifications of D.J. having a tape,'' McAuliffe said. ''If he altered it, it would be (worse).''

McAuliffe planned to seek re-election as a Republican candidate in 2003. After his April 24, 2003, arrest, he dropped out of the race.

He also was asked why Westminster did not mention Faller's offer when she was interviewed by ATF agents.

''If she chose to tell them that, that was up to her. What I was trying to do was have consistent stories,'' McAuliffe responded.

On tapes played in court, McAuliffe repeatedly told Westminster to tell the truth.

On another tape presented earlier by the prosecution, McAuliffe says he called off plans to burn the house.

DeVillers asked how he could have called off the plan if there was no plan to begin with.

''I misspoke when I said I called off the fire,'' McAuliffe responded. ''It was never on, so it couldn't be called off.''

McAuliffe agreed with other witnesses that Faller is untrustworthy.

''If I were picking someone to burn down my house, it would not be D.J. Faller ... I could've burned down the house myself.''

McAuliffe returns to the witness stand in Judge Algenon Marbley's courtroom today, and attorneys are expected to present their closing arguments. The jury is expected to begin deliberations by the end of the week.

Originally published Thursday, February 12, 2004

They will decide

McAuliffe jury deliberations begin

By CARL BURNETT JR.
The Eagle-Gazette Staff; cburnett@nncogannett.com

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Columbus -- Either Former Fairfield County Municipal Court Judge Don McAuliffe is guilty or he must be the most unlucky human being on the face of the planet.

That's how assistant U.S. Attorney David DeVillers summed up the federal government's case against McAuliffe, who is on trial in U.S. District Court on charges of arson, conspiracy, two counts of mail fraud and money laundering.

McAuliffe, 58, Millersport, is accused of conspiring to burn down his home near Millersport on March 8, 2002, and collecting $235,000 in insurance money for it.

Throughout the closing arguments, McAuliffe sat flanked by his two attorneys with little or no emotion, except to acknowledge a friend or someone in the public.

McAuliffe's attorneys argued that the federal government's case was built on the testimony of an arsonist and someone who is trying to save his own skin.

''Frankly, you have to decide who is telling the truth,'' said defense attorney Larry Thomas. ''What this case boils down to is whether or not you believe D.J. Faller.''

Faller testified that he had set the fire based on McAuliffe's instructions and help. Faller has been granted immunity.

Thomas said McAuliffe was between a rock and hard place.

''Faller is the rock and Beth Westminster is the hard place,'' Thomas said.

Westminster is McAuliffe's former lover who testified against McAuliffe during the trial.

The federal government taped conversations between Westminster and McAuliffe that implied his guilt, as well as with Faller.

Thomas pointed out the quality of the recordings were bad.

''Wouldn't you think the government would have been able to have better quality recordings than this?'' Thomas said. ''And ask yourself what isn't on the tapes.''

The defense pointed out inconsistencies in Faller's testimony and maintained that with the grant of immunity, jurors couldn't believe anything he said.

Thomas said McAuliffe would do anything for Westminster if she would show him the time of day. He said both Westminster and Faller were using blackmail to get what they wanted from him. When they didn't, they went to the authorities.

But DeVillers didn't agree with anything said by the defense.

''If you listen to the defense, this is most amazing set of unique coincidences ever,'' DeVillers said.

DeVillers said that the coincidences were that McAuliffe raised the insurance on his home right before the fire, that McAuliffe had a conversation with Fallers about burning his house down just before it happened, that McAuliffe stopped renovation work right before the fire, that McAuliffe asked Westminster to move her personal items out of the house along with some of his, including a family Bible and personal photos, just before the fire, and that he took clothes out of the house days before the fire to have enough for a golf trip in Pinehurst and enough to go to the Virgin Islands.

If the jury believes in all these unique coincidences, jurors should find him not guilty, DeVillers said.

DeVillers said that Westminster went to Fairfield County Municipal Court Judge David Trimmer, then an assistant city prosecutor, to tell him about the alleged conspiracy.

Months later Faller went to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and told them his part of the story.

''Two different people, two different agencies, essentially the same story,'' DeVillers said. ''Whose telling the truth?''

U.S. District Court Judge Algenon Marbley ordered the jurors to begin deliberations at 3:30 p.m. They continued until 7:30 p.m. and plan to resume deliberations at 10:30 a.m. today.

Originally published Friday, February 13, 2004