Nearly six months before FBI agents disclosed to Charles Hall III that they were investigating him and Mack, among others, Hall wondered whether his cell phone was being tapped.
By Jenna Pizzi and Alex Zdan
TRENTON — Nearly six months before FBI agents disclosed to city employee Charles Hall III that they were investigating him and Trenton Mayor Tony Mack, among others, Hall had wondered whether his cell phone was being tapped.
In January 2012, Hall, who has pleaded his involvement in the parking garage bribery conspiracy that has Mack and his brother Ralphiel on trial, was talking on his phone to friend Jumeirah Butler, who suspected Hall was the target of a federal investigation.
“I don’t like this phone,” Butler said. “They listen to your calls.”
Hall then addressed the imaginary FBI agents out there somewhere listening to his conversation.
“What’s up, y’all listening?” Hall asked. “I don’t know what you’re listening for.”
Hall would not find out until late June 2012 that Butler’s suspicion was right, when he met the until-then shadowy FBI agents who were working on the case. They confronted him about his involvement in the bribery scam and also a pill dealing racket, and he agreed to become a federal informant.
With Hall on the witness stand for the second day in Mack’s federal corruption trial today, the phone conversation from January 2012 was played for the jury.
The agents were listening in as part of their investigation into Mack and the painkiller-selling scheme Hall undertook separately with Joseph “JoJo” Giorgianni, who has also confessed.
The prosecution alleges that Hall and Giorgianni worked with the Mack brothers to solicit and collect bribes in exchange for Mack using his official influence to help the developers of a parking garage – in reality an FBI sting.
But Ralphiel Mack’s attorney, Robert Haney, used his cross-examination of Hall today to advance his argument that Hall and Giorgianni have falsely implicated the Macks in the garage scam.
Hall and Giorgianni, Haney argued, knew they were being wiretapped and bugged throughout 2012 and put together an elaborate act to entrap the mayor and his brother. Now, Haney said, Hall is completing the final phase of the project by giving damaging testimony against the mayor and his brother, in exchange for a deal that will reduce his jail sentence.
“So it’s to your distinct advantage to provide evidence in this case that favors the government’s position,” Haney said.
Hall said he was only there to testify about what he knew.
While on the stand today, Hall said that in December 2011, Giorgianni was growing suspicious that the clubhouse next to his steak shop was under surveillance. He said Giorgianni’s suspicions arose after a broken lock was discovered at the clubhouse.
“It just looked like someone broke in,” Hall said.
On Dec 23, 2011, Hall testified that Giorgianni handed him a small gadget to sweep for hidden recording devices.
In a surveillance video shown in court today, Hall is seen carrying the small black object. Hall said he was directed by Giorgianni, who can be seen in the background of the video, to use the device, but he wasn’t sure if it actually worked.
“At that point, nothing really happened,” Hall said. “I don’t know if the device worked at the time.
“We didn’t know the government was listening in,” Hall said on the witness stand today. “I didn’t know the government was listening in.”
Last week, FBI Supervisory Special Agent Mike Doyle testified that FBI agents broke into the clubhouse and planted a listening device there. Once the bug was detected, Giorgianni stopped bringing people into the clubhouse for meetings.
Today, Haney attempted to further his theory that Hall and Giorgianni used the surveillance to manipulate the FBI’s investigation by discussing bribe payments to the Mack brothers within range of the device. He theorized that the pair wanted to redirect attention away from a narcotics investigation.
“Then at this point, you realized you had something to trade if you got caught?” Haney asked.
“No,” Hall said.
Haney questioned Hall about his knowledge of the plea agreement that he made with the U.S. Attorney’s office and asked him to describe what, if any, benefit he might receive at sentencing if he cooperates fully. Hall has pleaded guilty to narcotics distribution, extortion related to the parking garage corruption case and lying to the FBI.
“So what you do here on behalf of the government is likely to affect your sentence, isn’t that so?” Haney asked.
“Correct,” Hall said.
Hall said he has not been promised a certain number of years off his sentence if he cooperates, and Judge Michael Shipp will make the final determination what his sentence will be.
Haney argued that the FBI failed to control Giorgianni and Hall, who were the two selected to pass bribe money to the Macks.
Contact Jenna Pizzi at jpizzi@njtimes.com or (609) 989-5717.
Contact Alex Zdan at azdan@njtimes.com or (609) 989-5705.
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