by David Grann
That Christmas Eve, as Batcho and Harris later recounted, the three men packed up everything they needed: walkie-talkies, ski masks, gloves, a police scanner, a .38 revolver, and a bag of cocaine to plant at the scene in order to make it look like a drug-related killing. After sundown, the men drove out to the prosecutor’s house, in a Youngstown suburb. Gains was not yet home—his house was dark inside—and Batcho got out of the car and waited behind a lamppost near the garage. He attached a speed loader to the revolver to enable him to shoot faster. Then he tested the voice-activated walkie-talkie, but there was no response. He tried again—nothing. Incredulous, he ran back to the car and said he couldn’t kill anyone without “communication.”
The three men drove to a nearby parking lot, where they programmed their cell phones so that they could dial one another at the touch of a button. When they returned to Gains’s home, they noticed that a car was in the driveway, and the lights in the house were on. “O.K.,” Riddle said. “Get out and go do this.”
Batcho exited the car, carrying the gun and the bag of cocaine. He crept up to the house, his heart racing. The garage door was open, and he said, “Hey, mister,” but no one answered, and he kept walking. A door leading into the house was also ajar, and he decided to go in. As he made his way down a corridor, he could hear Gains talking on the phone in the kitchen, only a few feet away. Batcho hesitated, as if contemplating what he was about to do. Then he rushed forward, bursting into the kitchen, pointing the gun at the prosecutor’s midsection. He pulled the trigger, then fired again. Gains collapsed to the floor, blood seeping from his forearm and side. Batcho stepped closer, and Gains put up his hands to ward him off. Batcho aimed near Gains’s heart and pulled the trigger, but the gun kicked back, jamming.
Batcho ran out of the house, stumbling into the darkness. He fell and, getting back up, hit the button on the cell phone, screaming, It’s done! Come pick me up. He saw the car approaching from down the street and darted toward it. As the car slowed, he jumped into the back seat, crouching down.
“Did you kill him?” Riddle asked.
“I think so,” Batcho said uncertainly.
“You don’t know?” Riddle said.
“The gun jammed.”
Harris looked at him coolly. “Why didn’t you go in the drawer and get a steak knife and stab him to death?” he asked.
Riddle said that they had to go back and finish the job, but just then the police scanner crackled with news of the shooting. Riddle hit the gas and sped along the back roads. Fearing that the police might pull them over, Harris tossed the gun out the window. The men realized that the speed loader was missing, and started screaming at each other. Then from the scanner came the news that Gains was still alive.
It was a remarkably inept professional hit. Police found the speed loader outside Gains’s house, along with a clean footprint. Within days, a sketch of the shooter appeared in the local newspaper, the Vindicator. Yet the crime scene was so messy that investigators concluded that Strollo’s men could not have been behind it. Gains told friends that if the Mob had done it he’d be dead. Batcho, who had taken to wearing disguises, gradually emerged from hiding. Once more, it looked as if the murderers would escape punishment.
Then several months later, in the spring of 1997, the prosecutor received a telephone call at his home. “Are you Paul Gains?” a woman asked.
“Yes,” he said. “Who’s this?”
“I know who shot you,” she said.
When the woman disclosed details about the crime that few could have known, Gains summoned Kroner and other F.B.I. agents, who were in the midst of a three-year sting operation against organized crime in the Mahoning Valley. The next day, Kroner and his men visited the woman, who was an ex-girlfriend of an associate of the hit men. “I know everything,” she said. “I know other people they shot.”
Her information would lead authorities to the three assassins and help solve a Mob hit for the first time in the county’s history. Meanwhile, Kroner and the F.B.I. had begun to break apart what was believed to be the most crooked county in America—a place where the Mafia had ruled with impunity for nearly a hundred years and where it still controlled virtually every element of society. The don’s influence extended to a chief of police, the outgoing prosecutor, the sheriff, the county engineer, policemen, a city law director, defense attorneys, politicians, judges, and a former assistant U.S. attorney. By July of 2000, the F.B.I. probe had produced more than seventy convictions. Now Kroner and his colleagues were closing in on the most powerful politician in the region, a man whom they’d caught on tape scheming with the Mob nearly twenty years earlier but who had eluded them ever since: United States Congressman James Traficant.
The Mahoning Valley is today one of the most depressed areas of America, but it was an economic boom that first gave rise to the local Mob. During the first half of the twentieth century, the valley was at the center of the burgeoning steel industry. Mills churned around the clock, blackening the sky. Thousands of immigrants—Poles and Greeks and Italians and Slovaks—descended on the area, believing they had found the Ruhr Valley of America; meanwhile, racketeers thought they had discovered their own Little Chicago. The streets were lined with after-hours joints, where steel-workers drank and played barbut, a Turkish dice game, and where capos, dressed in white-brimmed hats and armed with stilettos, ran the numbers, or “bug,” as the locals called it. Like Chicago, Buffalo, and Detroit, Youngstown had all the elements the Mob needed to flourish: a teeming immigrant population accustomed to arbitrary and violent authority, a prosperous economy, and pliable local politicians and police.
Yet Youngstown was too small to have a Mob family of its own, and by 1950, as the rackets grew into a multimillion-dollar industry, the Pittsburgh and Cleveland Mafia families began fighting for control of the region. Cars and stores were bombed—warnings to anyone who allied himself with the wrong side. A local radio station ran public-service ads featuring an earsplitting bang and the slogan “Stop the bomb!” In 1963, the Saturday Evening Post reported that local “officials hobnob openly with criminals. Arrests of racketeers are rare, convictions rarer still, and tough sentences almost unheard of.” The newspaper dubbed the area Crime-town, U.S.A.
By 1977, the Mob war had become even more violent. On one side was Joey Naples and Lenny Strollo’s faction, which was controlled by the Pittsburgh Mafia; on the other were the Carabbia brothers—known as Charlie the Crab and Orlie the Crab—who were aligned with Cleveland. “It seemed like you’d get up every morning and get in your car and hear someone else had been murdered,” the F.B.I. agent Bob Kroner told me.
First, there were Spider and Peeps—two petty cons hit within a few weeks of each other. Then came one of Naples’s drivers, shot as he changed a tire in his driveway, and a crony of Peeps’s, who was gunned down outside his apartment. Then John Magda, who was discovered, his head wrapped in tape, at the dump in Struthers, and, next, a small-time bookie who refused to go easily—he was first bombed and later shot through his living-room window as he watched television with his wife. Then Joey DeRose, Sr., killed by accident when he was mistaken for his son, Joey DeRose, Jr., a Carabbia assassin; and, finally, a few months later, the son, too. “Oh my God, they got Joey,” his girlfriend screamed when police told her they had found the car he was driving burning on a country road between Cleveland and Akron.
In 1976, Kroner arrived in Youngstown and descended into this violent underworld. He was a former high-school math teacher who turned in his books for a badge in 1971, and who could be seen around town, in his neatly pressed suit and tie, trailing reputed hit men and banging on the doors of the All-American Club and other Mafia hangouts. Though he came from a family of cops, which included his father, Kroner didn’t look like one: he was too tall and slender, almost delicate, and he lacked the easy manner of the police who played craps in the shadow of the courthouse. He wore penny loafers in a city where most people wore boots, and spoke with a certain formality.
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His F.B.I. predecessor, according to the agency’s own affidavit and informants, had allegedly consorted with gangsters, and was later appointed Youngstown’s chief of police at the Mafia’s behest. But Kroner was hostile to the local dons. Prickly and shy, he spent hours alone in his small office, smoking cigarettes and listening to intercepted conversations between the different factions. Like a cartographer filling in the blanks on a map, he made little diagrams of each family, to which he added further details whenever he received a tip from an informant. He did everything he could to bring down the Mafia’s enterprise: tapping its members’ phones, tailing their spotless Cadillacs, subpoenaing their friends. Before long, Strollo and his cronies gave him the ultimate epithet: “motherfucker.”
In December of 1980, Charlie the Crab, the head of the Cleveland faction, disappeared without a trace, and, soon after, Kroner searched the apartment of one of the city’s most notorious assassins. The apartment was cluttered with knickknacks, and Kroner and his partner went through each room carefully. In a cabinet, Kroner noticed a breadbox and opened it. Inside, tucked amid the stale bread, was an audiotape. When he played it, he heard male voices, saying, “He’s a scared motherfucker” and “You either play our fucking game or you[’re] going to be put in a fucking box.” Two of the voices, Kroner was sure, belonged to Charlie and his brother, Orlie the Crab. There was also another voice, one Kroner thought he recognized from television and radio. Then it dawned on him: it was James Traficant, a former college football star, who had recently been elected sheriff of Youngstown.
Later, Kroner and his partner, acting on a tip, drilled open the Carabbias’ sister’s safe-deposit box, where they found a similar tape with a handwritten note. It said, “If I die these tapes go to the F.B.I. in Washington. I feel I have more people after me because of these tapes and . . . I pray and ask God to guide and protect my family.”
Back at headquarters, Kroner and his colleagues listened to a jumble of voices on the tape arguing about which public officials they thought were allegedly being paid off by the rival Pittsburgh Mob.
“You believe they got all them fuckin’ people?” Orlie said.
“I know they got” him, Traficant said, referring to one prominent politician.
“Oh, they definitely got” him, Charlie said.
Traficant paused, as if running through other names in his mind. “I don’t know all of them,” he finally said. “But I know it’s a fuckin’ fistful.”
With its Pittsburgh rival controlling many of the valley’s politicians, the Cleveland faction knew it needed some powerful representatives of its own. And the tapes, apparently made by Charlie the Crab at two meetings during the 1980 sheriff’s campaign, appeared to show them buying Traficant. “I am a loyal fucker,” Traficant informed the Carabbia brothers, “and my loyalty is here, and now we’ve gotta set up the business that they’ve run for all these fuckin’ years and swing that business over to you, and that’s what your concern is. That’s why you financed me, and I understand that.”
The arrangement appeared to be an old-fashioned one: Traficant acknowledged receiving more than a hundred thousand dollars from the Cleveland faction for his campaign; in exchange, he indicated that he would use the sheriff’s office to protect the Carabbias’ rackets while shutting down their rivals.
Charlie told Traficant, “Your uncle Tony was my goombah . . . and we feel that you’re like a brother to us. We don’t want you to make any fuckin’ mistakes.” Traficant assured his benefactors that he was solid, and that if any of his deputies betrayed them “they’ll fuckin’ come up swimming in [the] Mahoning River.”
But, according to the tapes, Traficant was not worried primarily about his deputies; he was worried about the Pittsburgh Mob. As Charlie knew, Traficant had accepted money from Pittsburgh, too—some sixty thousand dollars. (The first installment had come with the message “I want you to be my friend.”) The young candidate for sheriff was now double-crossing the Pittsburgh family: he had just given over at least some of its money to Charlie the Crab in order to prove his loyalty, and he knew that when the Pittsburgh family found out it would retaliate. “Look, I don’t wanna fuckin’ die in six months, Charlie,” Traficant said.
Kroner and his colleagues could hear Traficant hatching a plan to protect himself from the Pittsburgh Mafia and the officials they controlled. “Let’s look at it this way, O.K.?” he said. “They can get to the judges and get what they need done. . . . What they don’t have is the sheriff, and . . . I’m one step ahead.” On the day he was sworn into office, Traficant said he’d take some of the money the Pittsburgh family had given him and use it as evidence to arrest them for bribery. What’s more, Traficant rehearsed what he and the Crabs would say if their secret dealings were ever uncovered by the authorities: “I was so fucking pissed off at this crooked government, I came to you and asked you guys if you would assist me to break it up, and you said, ‘Fuck it . . . we’ll do it.’ O.K.? That’s gonna be what you’re gonna say in court.”
“Orlie, too?” Charlie asked. “He’s got a bad heart—”
“Look . . . I’m not talking fucking daydreams,” Traficant said. “If they’re gonna fuck with me, I’m gonna nail them.” Traficant was taken with the audacity of his plan. “If you think about it,” he mused, “if I fuckin’ did that—”
“You can run for governor,” Charlie said.
They all broke into laughter.
After Kroner and his superiors reviewed the tapes, they called Traficant down to headquarters. Kroner had never met the sheriff before, and he watched as he settled into the chair across from him. Traficant, who was forty-one years old and had once worked in the mills, was an imposing figure, with wide shoulders and a flamboyant, brown toupee that stuck up on top. Kroner told Traficant that he had watched him play quarterback at the University of Pittsburgh. (An N.F.L. scout once said that Traficant, “at the most critical point in a game,” would “keep the ball himself and run with it,” bowling over anyone in his path.)
What happened next at the F.B.I. meeting with Traficant is in dispute. According to sworn court testimony from Kroner and other agents present, Kroner asked the sheriff if he was conducting an investigation into organized crime in the valley. Traficant said he wasn’t. Kroner then asked him if he knew Charlie the Crab or Orlie the Crab. Traficant said he’d only heard of them.
You never met them? Kroner asked.
No, Traficant said.
You never received money from them?
No, he said again.
Then Kroner popped in the tape:
TRAFICANT: “They have given sixty thousand dollars.”
ORLIE THE CRAB: “They gave sixty. What’d we give?”
TRAFICANT: “O.K., a hundred and three.”
After a few seconds, Traficant slumped in his seat. “I don’t want to hear any more,” he said, according to Kroner. “I’ve heard enough.”
In the F.B.I.’s version of events, Traficant acknowledged that he’d taken the money, and he agreed to cooperate in exchange for immunity. In front of two witnesses, he signed a confession that read: “During the period of time that I campaigned for sheriff of Mahoning County, Ohio, I accepted money . . . with the understanding that certain illegal activities would be allowed to take place in Mahoning County after my election and that as sheriff I would not interfere with those activities.” But several weeks later, the F.B.I. says, when Traficant realized that he would have to resign as sheriff and that the reason for his resignation would become public, he recanted his confession. “Do what you have to do,” he told Kroner, “and I’ll do what I have to do.” Or, as Traficant later told a local television reporter, “All those people trying to put me in jail should go fuck themselves.”
Kroner and the F.B.I. arrested Traficant for allegedly taking a hundred and sixty-three thousand dollars in bribes from the Mob. The indictment charged that he “did knowingly and willfully combine, conspire, confederate, and agree” with racketeers to commit
crimes against the United States. He faced up to twenty-three years in jail. To everyone’s astonishment, Traficant decided to represent himself in court, even though he wasn’t a lawyer and even though the judge warned him that “almost no one in his right mind” would do so.
On the day of the trial, in the spring of 1983, Traficant paced the courtroom, wearing a short-sleeved shirt and slacks. He told the jury what he vowed on the Carabbia tapes he would say: that he was conducting “the most unorthodox sting in the history of Ohio politics.” In a role that he said deserved an “Academy Award,” Traficant told the rapt jury and gallery that he had been acting all along as an undercover agent, trying to convince the Carabbia brothers he was on their side so that he could then use them to shut down the more powerful Pittsburgh faction. “What I did, and what I set out to do very carefully,” he said, “was to design a plan whereby I would destroy and disrupt the political influence and the Mob control over in Mahoning County.”
He admitted taking money from the Mob, but said he did so only because he wanted to prevent his opponent in the campaign from getting it. Though he agreed that he had signed “a statement” in front of the F.B.I., he said it was different from the “confession” introduced into evidence. He insisted that he lied to the F.B.I. about the sting because he couldn’t trust its agents, and that if Kroner and the F.B.I. hadn’t intervened he would have cleansed the most corrupt county in the country. “The point of the matter I want to make is this,” he said. “I got inside of the Mob.” He added, “I fucked the Mob.”
When Kroner took the stand, testifying that he had seen Traficant sign the confession, the sheriff leaped to his feet and yelled, “That’s a Goddamned lie!” During cross-examination, he taunted his F.B.I. adversary, saying, “Oh, I see” and “No, Bob.” Traficant referred to himself as “my client” and asked reporters, “How am I doin’?” In a region embedded with corruption and wary of federal authorities, he became, by the end of his defense, an emblem of the valley, a folk hero. There were parties held in his honor, and residents wore T-shirts championing his legal struggle. It didn’t matter that the I.R.S. would later find Traficant liable for taking bribes and evading taxes, in a civil trial in which he invoked the Fifth Amendment. Or that the money he had allegedly taken as evidence for the sting was never turned over. Or that one of his deputies claimed on the stand that Traficant had repeatedly asked him to shoot Traficant in order to make it look like an attempted Mob hit and delay the trial. (“He wanted me to wound him, but not to maim him,” the deputy said.)