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Show Page 58-T- HE Provo Utah, Thursday November HERALD 16 1978 U.S. Prosecutor Uses 'Nice Guy' Approach. ..and Wins - He convinced a mostly WASHINGTON I'PI black jury to convict Congressional Black Caucus founder Charles Diggs of kickback charges despite defense testimony from Coretta Sco" King and UN Ambassador Andrew Young With a thin case he won a guilty verdict against llmrhn Kim the only Korean figure to be convicted in connection with plot by the Seoul government to bribe congressmen "I've been very lucky says federal prosecutor John Kotelly. whose unbroken streak of convictions dates back to 1975 when he was prosecuting street - Ji BBBbS V Wr criminals Kotel'y s peers don t think it's luck that has brought him success They cite his meticulous trial preparation a keen memorv and most of all. his calm courteous style which defies the image of a conviction-hungr- y prosecutor Thomas Henderson head of the Justice Department's public integrity unit, says Kotelly may be filling a new mold of public prosecutor with a sort of nice guy approach "Juries sense he s being very fair." Henderson said, and I think that's one of the reasons he's so successful " "He's a superlative trial lawyer.'' said Carl Rauh. deputy U.S. attorney for the District of Columbia "He has a very pleasant, sincere courtroom manner He is forceful and persuasive. He always remains calm and unflappable " During the Diggs trial. Henderson recalled defense lawyers for the veteran Michigan - MON. who has an unbroken streak of convictions that date back to 1975 when he was prosecuting street criminals, says "I've been very lucky." His peers, however, don't think it's luck that has brought him suc- cess, but meticulous trial preparation, a keen memory and a calm and courtesous style. (I PI Telephoto) - I was to me. he said very luckv I have a good recollection of facts and the ahjjitv to witp facts in an interesting way I didn't like being an engineer I like people and I like deal" ing with people Kotelly received his grooming by trying about 140 robbery rape and murder suspects in the District of Columbia After winning the conviction of former Y two years ago in exRep Janu s Hastings. actly the same type of scheme as the Diggs case, he inwas assigned to the Korean influence-buyinvestigation Kotelly was among three Justice Department officials who went to Seoul last winter to question Tongsun Park lor 17 days about his payments to congressmen Kotelly spent such long hours studying seized documents belonging to Park before the trip that probably knew more about him Park than he knew about himself " came naturally It That means Kotelly s calendar is nearly clear and the next major public official to be indicted will get him in the draw Kotelly concedes he has become a minor celebrity with his recent triumphs but he says it would not bother him to lose a case so long as he did a good job . I talk to defendants during the trials, he said I know they re human beings I never met a one of them that I thought was some kind of a fiend or some kind of an animal Because of a certain set of circum-tancethey've done something that was illegal I don't have any feeling that I am personally going after someone " Instead, he follows the credo that "society expects R-- g thru FRI. 10 A.M. to 9 P.M. IIP 1 SAT. 10 "f HH 1 ' FEDERAL PROSECUTOR John footstep;- secrets MB Kotelly, prott-ssiona- g CIA Democratic congressman argued that the case was a political attempt to persecute a major black leader OPEN DAILY "I think the personality of John Kotelly came through to the jury that he's not out to get anybody.' Henderson said "There's some prosecutors who say. 'Get him at all costs John does not do that It does not come across to juries that he would cut corners to the truth " Defense lawyer David Povich who also lost to Kotelly in the Hancho Kim trial paraded an impressive list of celebrities to the witness stand as character witnesses for Diggs: the widow of Martin Luther King Jr.; Young: the Rev Jesse Jackson; Detroit Mayor Coleman Young Kotelly said in an interview it was "very simple to ask them questions to reflect that they had no knowledge of Diggs' personal side, nor how he handled his employees on his staff." "I argued to the jury, and they bought it, that these character witnesses were the last people in the world that Charles Diggs would ever let know that he was doing something illegal." Diggs was found guilty of 29 counts of mail fraud and filing false payroll vouchers in a scheme to rake off more than $80,000 of his employees' congressional pav raises to bail himself out of deep financial troubles. The Kim case was more difficult The Korean-borbusinessman was accused of plotting to pass $600,000 to congressmen on behalf of South Korea, but there was no evidence he ever actually made any payoffs. Kotelly told the jury that upon receiving the bundles of cash from Seoul, Kim must have asked himself. "Whv not keep it?" l thorough investigations and thorough prosecutions Kotelly says it is his gut feeling that most congressmen are honest but that publicising convictions doe have a d terrent effect ." Stocky of build nis 'onservative dress and view that most judges should give harsher sentence befit hi-- background as the son of a prosecutor in Wavne County. Mich Ironically Kotelly set out to be an engineer believing he never could speak before a jury But nine vears ago at age 31 he was following in his father s And I submit that s what he did Kotelly said The jury found Kim guilty That was a thin case a Justice Department official confided "We were very pleased with that one " Early this year Kotelly was appointed the Justice Department s senior trial lawyer giving him his pick ot many of the major cases He began prosecution last month ol the first of two officers of International Telephone and Telegraph Corp charged with lying to a Senate committee about the corporation s covert attempts to undermine Chile s 1970 election But before arguments began the case was thrown into a federal appeals court in a battle over the government s attempt to prosecute without rpvpal-in- to 6 M BH n J Ss5j VT I M MATTRESS SET Buy no and a get O&HO I X nine MATTRESS K jBM ONLY! 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