Former Local 98 leader John Dougherty’s facing his third felony trial this week. Will this time be different?
He rarely showed up for work, was once caught sleeping on the job, and had a history across multiple postings of mouthing off to his bosses. He was laid off from a Market East construction site in 2016 after he spit on a supervisor. And by spring of that year, even his uncle — then the most powerful union leader in the state — had had enough.“I am so sick and f— tired of it. It makes me ill,” Dougherty groused in a phone conversation caught on an FBI wiretap. “He’s got to learn.
“He handcuffs us for no reason,” the labor leader complained to Fiocca’s brother during one 2016 conversation., who became a confidential informant for the FBI after the union chief’s first indictment in 2019 and who covertly recorded Dougherty discussing Fiocca’s tussle with his bosses at the Live! Casino site in the days after it occurred.
Prosecutors contend all of it should be enough to convince the jury lawyers will begin picking Monday that Dougherty had a history of protecting his nephew despite his obvious deficiencies at work. Together, they say, the men extorted Palmieri out of five months’ wages to which Fiocca wasn’t entitled.
As for Fiocca’s 2020 fight with Gibson, Dougherty’s lawyers maintain it has no business in federal court.
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