Defense lawyer Robert Corrente pointed in part to how the state Board of Elections never questioned Mattiello or his chief of staff, Leo Skenyon, while probing the $2,150 mailer used to endorse the powerful speaker during a tough re-election fight.
The third day of Britt’s trial in Kent Superior Court in Warwick featured a single witness, Richard Thornton, the campaign finance chief for the state Board of Elections (BOE).
During prosecution questioning, Thornton offered an overview of the state’s campaign finance law and described how Mattiello and a leadership-controlled political action committee paid Britt close to $60,000 in 2016 for his work as a campaign operative.
Mattiello wound up winning his state representative race that year by 85 votes, over Republican challenger Steve Frias.
The mailer endorsing Mattiello was orchestrated by the speaker’s campaign, although it was made to appear as if it was sent by Shawna Lawton, who lost the GOP primary in House District 15 to Frias.
During cross-examination, Corrente asked Thornton if the Elections Board followed its own requirement to take sworn testimony during its probe of the mailer.
“That wasn’t done in this case, was it?” Corrente asked.
“That was not done in this case,” Thornton said, adding that it was the responsibility of the board’s legal counsel.
Thornton said the focus of a BOE investigation of the mailer was whether it was sent in coordination with Mattiello’s campaign. Thornton said Britt was not the focus of the probe and did not receive a fine or warning from the board, and that he did not recommend referring Britt to the state attorney general’s office.
Instead, Corrente said, Britt was “the sole casualty.”
Thornton said relatively few campaign finance cases have been referred to the AG’s office during his almost 20 years with the agency.
The Elections Board issued warnings to Mattiello and Lawton, while referring Britt’s case to the attorney general’s office.
Britt is accused of funneling most of the money to pay for that mailer through two donors, Teresa Graham and Vic Pichette, in part since Lawton lacked the money in her campaign fund to create and send the mailer.
In an effort to impeach the case against Britt, Corrente noted how most of the seven people who received document subpoenas from the Elections Board either filed motions to quash them or, like Lawton, ignored them.
Corrente also cited contradictory statements from the Lawton and Mattiello campaigns about whether they coordinated with each other in 2016.
Prosecutor John Morreira objected to some lines of questioning by Corrente, including when he asked Thornton if Pichette lied to the BOE about not knowing Britt.
“If the state’s main witness is lying to the Board of Elections, I think that’s critically important evidence in our defense,” Corrente told Judge Daniel Procaccini, who allowed him to continue his questioning.
During testimony Tuesday, Pichette described being asked by Britt to give $1,000 to Lawton’s campaign in 2016, and accepting the money from Britt to do.
The state rested its case Wednesday, meaning the defense will begin presenting witnesses Thursday, likely including Mattiello. Skenyon and Matt Jerzyk, a former staffer for the speaker, may also be called.
Procaccini said he will also accept arguments Thursday on a defense motion to dismiss the felony charge against Britt, although he said he will not make an immediate decision on that. Closing arguments in the case are expected Friday.
Ian Donnis covers politics for The Public’s Radio. He can be reached at idonnis@ripr.org
