Vendettas take center stage in former Lynn comptroller trial

SALEM – The alleged offense was salary overpayments totaling approximately $2,839.But lawyers described political alliances, elections, City Council votes, ego, power and money, rather than accounting, during opening statements in a whistleblower trial concerning the firing of former city Comptroller John Pace.”Win, lose or draw, he will still get the one thing he wants out of this and that is to tell his story,” attorney Harold Lichten, who is representing Pace, told the jury in his opening statement.Pace claims in a July 2011 lawsuit that he was fired as comptroller, the person who authorizes the payment of the city’s bills, that June by Lynn Chief Financial Officer Richard Fortucci, the person who oversees all the finances of the city, in retaliation for testimony Pace gave that February when Mayor Judith Flanagan Kennedy suspended Fortucci on charges of professional misconduct.During the suspension, Pace was named acting chief financial officer (CFO) and given a pay increase.The City Council voted 11-0 to reinstate Fortucci as CFO, however.But even after Fortucci was reinstated, Pace continued to pay himself at the increased pay rate for five weeks. Fortucci subsequently fired Pace, citing the overpayments.In previewing their cases for jurors in Salem Superior Court Tuesday, attorneys for the respective parties began the story in 2003 and mapped out alliances among some of the city’s most prominent political leaders of the past decade.In 2003, Pace was chief financial officer. Then-Mayor Edward Clancy demoted Pace and replaced him with Fortucci. The City Council also voted overwhelmingly in that matter; however, in 2003, they overwhelmingly approved the mayor’s action by a vote of 8 to 2. One of the two votes against the firing, however, was cast by then-councilor Kennedy.Lichten told jurors that Pace did nothing to hide that he was paying himself the stipend as CFO even after Fortucci was reinstated. Lichten said Pace asked – but not received – confirmation from city officials of when his stipend was to end. Pace tried to resolve the issue by asking Kennedy to write a letter that he was no longer CFO and also offering to repay the extra amount, Lichten told jurors.But instead of agreeing to the repayment, Lichten said Fortucci “secretly” went to allies in the payroll and law departments who determined Pace had been overpaid and, as comptroller, had authorized the payments. Fortucci subsequently fired Pace.”After 20 years, he was terminated for all of five weeks of overpayment,” Lichten told jurors. “Was (Fortucci) upset at Mr. Pace for testifying against him or was he upset over five weeks of overpayment?”Attorney Thomas Drechsler, however, said Pace was the person bent on revenge.”Ego sometimes gets in the way of reason and judgment,” Drechsler, who is representing the city, said. “In the case of John Pace, it caused him to lose judgment.”Drechsler said Pace had plotted for years to regain his position as CFO, “which has money and power, and there’s no one who likes power or money more than John Pace.”Drechsler said Pace convinced Kennedy to try and oust Fortucci. But the City Council hearings were “farcical,” with the council taking two minutes to decide to vote unanimously in favor of reinstating Fortucci.A “humiliated” Pace called the city attorneys the following day and was told he was no longer CFO and thus not entitled to the extra pay, Drechsler said. But Drechsler said “yes means no and no means yes,” for Pace, and he decided that things were “unclear,” so he continued to pay himself.Fortucci found out and did what was necessary and fired Pace, Drechsler said.Attorney Ronald Ranta, representing Fortucci, also said Pace did what was necessary.Ranta said Kennedy wanted Fortucci to cover up the overpayments by having Pace pay them back.But as CFO, “guess who’s going to take the fall if something hits the fan?” Ranta asked.Witness testimony begins today at 9 a.m.