It’s sentencing time | Inside Johnny Doc’s Trial

Hello again, court watchers. We told you we’d be back and, well, here we are with a new edition of the Inside Johnny Doc’s Trial newsletter. This week, we’re headed back to federal court for the first of several sentencing hearings for the codefendants of former labor leader John Dougherty convicted of, with others, embezzling more than $600,000 from Local 98 of the International Brotherhood of Electrical Workers.

Prosecutors are seeking prison terms. And the sentences Marita Crawford, Michael Neill and Niko Rodriguez receive this week could give us our first glimpse of how severe Dougherty’s punishment might be when he faces the judge for sentencing later this year.

Let’s get into it.

— Jeremy Roebuck and Oona Goodin-Smith (@jeremyrroebuck, @oonagoodinsmith, [email protected])

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🏛 Neill, Crawford and Rodriguez — all close allies of Dougherty with long histories at Local 98 — were charged alongside him in the embezzlement case in 2019. All three pleaded guilty in December 2022, almost a year before Dougherty’s case went to trial.

⏳Dougherty, who was convicted in December on federal felony charges for the second time in as many years, is gearing up for a third trial in March on extortion charges over threats he allegedly made to a union contractor who employed his nephew Greg Fiocca.

👨‍⚖️ U. S. District Judge Jeffrey L. Schmehl is scheduled to sentence Dougherty in May for the federal embezzlement case as well as his 2021 bribery conviction — a case that sent former City Councilmember Bobby Henon to prison last year. Henon is now 10 months into his 3½-year sentence but continues to appeal his conviction.

🗳️Meanwhile, Sean Dougherty — nephew of John, son of Pennsylvania Supreme Court Justice Kevin — filed petitions earlier this month to challenge State Rep. Kevin Boyle for his House seat representing Northeast Philadelphia. Loyal newsletter readers might recognize his name from his uncle’s trial — where he was one of several Dougherty family members who prosecutors said were paid by Local 98 for work they did not do.

» READ MORE: John Dougherty union embezzlement case: Day-by-day updates

Both within Local 98 and the confines of this case, no name looms larger than Dougherty’s. But prosecutors have said from the start that his theft of hundreds of thousands of dollars in union funds was enabled by many close allies in key positions at Local 98 — including the trio facing sentencing this week.

➡️ First up on Tuesday is Michael Neill, the longtime head of the union’s apprentice training program. He’s admitted he used the program’s training fund to pay for more than $90,000 in renovations and repairs at his personal home, the house of a secretary with whom he was romantically involved, a building he owned with ex-Local 98 president Brian Burrows, and Doc’s Union Pub, the Pennsport bar he ran on the side with Dougherty and Burrows. Prosecutors want him sent away for 1½ to 2 years. His lawyer is pushing for a term of probation instead.

➡️ Marita Crawford, Local 98′s former political director, will learn her fate Wednesday. She was the first of Dougherty’s allies to plead guilty in 2022 and admitted she’d misspent nearly $10,000 of union money. Her expenses included a hotel stay during a personal trip to the Belmont Stakes horse races and pricey birthday dinners in 2015 for herself and Dougherty, while the two were romantically involved. She also pleaded guilty to charging her 2016 birthday dinner in South Philly to the debit card for the First Ward’s political action committee. Prosecutors are urging the judge to put her behind bars for up to 6 months. Her attorney says probation would be enough.

➡️ Up for sentencing Thursday is Niko Rodriguez. Once a low-level Local 98 employee, he was part of a group known as “the kids,” who spent most of the time they were on the union’s time clock running personal errands for Dougherty including driving him to and from work, making Target runs, and dropping his wife off at yoga. He’s also admitted to charging more than $13,000 worth of personal items to union credit cards like Christmas decorations, a mattress and groceries at Target for himself, Dougherty and their family members. Prosecutors say he deserves less prison time than Crawford. And — you may be sensing a theme here — his lawyer thinks probation would punish him just fine.

» READ MORE: Johnny Doc’s allies are facing prison time this week at sentencing hearings for stealing from Local 98

Defense lawyers have submitted letters from dozens of supporters — including some recognizable names — hoping to convince the judge of Neill’s, Crawford’s and Rodriguez’s characters and that they’re serious about making amends. Here are some highlights:

“Throughout her career, Marita Crawford has been a tireless voice for the working class in Pennsylvania. As someone who supports labor, I believe it to be of the utmost importance that Ms. Crawford remain in a position of advocacy for this vital segment of our society.” — Retired Montgomery County Judge Joseph P. Walsh

“I have never known Marita to be unethical or to cross the line. … As they say, Marita is a ‘solid citizen’ who can be trusted to do the right thing.” — Former Pennsylvania Supreme Court Justice Seamus P. McCaffery, who stepped down amid a pornographic email scandal and ethics investigation in 2014

“Mike [Neill] was the true champion for admitting and training hundreds — perhaps thousands — of local men and women in a key construction trade. Many of these individuals would not have had this opportunity to train for a family-sustaining career without Mike’s advocacy and compassion.” — Philadelphia City Councilmember Mike Driscoll, who was elected to replace Henon following his 2021 conviction

“[Niko Rodriguez] is an honest, hardworking, loving and supportive individual … While this does not excuse Mr. Rodriguez’s conduct, it demonstrates that he is much more than the crimes charged in the indictment.” — Rodriguez’s attorney, Paul Hetznecker

They’re not just facing prison time. Neill, Crawford and Rodriguez could all be ordered to pay financial penalties that would put a hefty dent in their bank accounts. Let’s break down the damage:

💸 More than $195,000: The amount prosecutors say Neill should have to pay in fines and restitution, including the nearly $93,000 they say he stole from Local 98 as well as a fine of up to $75,000.

💰$21,400: What the government is seeking from Crawford to pay back the nearly $12,000 they say she owes the union and to cover a fine they’ve asked the judge to set at $9,500.

💵 Nearly $23,000: The amount Rodriguez could be ordered to pay, including roughly $13,500 he owes Local 98 as well as a fine prosecutors say should approach $9,500.

This week’s sentencings are just the beginning as the “Dougherty Docket” gets back into full swing for 2024. Here are some of the key dates coming up on the calendar — though keep in mind, postponements are not uncommon.

📅 March 7: Former Local 98 employee Brian Fiocca’s sentencing

📅 March 20: Dougherty’s feud with his former lawyers at Ballard Spahr continues with a scheduled hearing on conflicts of interest that he argues should overturn his convictions.

📅 March 25: Dougherty’s third trial begins — this time on extortion charges

📅 April 16: Anthony Massa, a Local 98-favored contractor turned star government witness, faces sentencing

📅 April 30: Former Local 98 president Brian Burrows’ sentencing

📅 May 2: John Dougherty faces sentencing for his embezzlement and bribery convictions

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