Barga defends himself in court

0

SIDNEY – Robert L. Barga, the man accused of counterfeiting related crimes stood firm Thursday in his testimony that it was others who are responsible for crimes he is charged with. During cross examination by the county prosecutor, questions arose of his recollection of the facts.

On Friday, closing arguments from attorneys will begin the day before the case is presented to the 12-member jury before Judge James Stevenson in Shelby County Common Pleas Court.

The case against Barga, 41, 615 Sixth Ave., will have its fourth day in trial Friday, July 14. He faces one count of engaging in a pattern of corrupt activity; four counts of forgery; and one count of possession of criminal tools during a grand jury session in January 2017, all fifth-degree felonies.

Based on court records, the charge of corrupt activity alleges Barga was involved in producing and distributing counterfeit money between May 1 through Dec. 15, 2016. The forgery counts allege Barga attempted to defraud and possessed counterfeit banknotes on or about Dec. 6 and Dec. 15, 2016. The possessing criminal tools charge accuses Barga of having a printer/scanner which was used to produce counterfeit paper money.

Barga was arrested after a search warrant was executed by Sidney Police and the United States Secret Service at Barga’s residence on Dec. 15, 2016. He remains free on a $10,000 bond.

Prosecutors claim Barga headed up efforts regarding fake $10 and $20 bills being created and distributed through various means. They allege he and others would sell the bills at a 2 for 1 rate. The bills were used to make small purchases at local bars, retailers, gas stations and fast food restaurants, receiving goods, real money in the change, or both. The money was also used to buy drugs in Dayton.

Before taking the stand himself, Barga agreed to have his two teenage children testify on his behalf. Tristan Barga, 14, and Brynne Barga, 13, both said they had never observed their father printing or process counterfeit money. Both spoke of limited knowledge regarding previous convictions against Barga.

Shelby County Prosecutor Tim Sell quizzed the children on their knowledge of a YouTube video posted by their father falsely claiming their mother had died of cancer, and was asking people to send money. He noted photos of them were used in the video. Tristan was aware, but Brynne was not.

Sell confirmed that the children had met with defense attorney Justin Griffis of Sidney regarding their testimony.

Later, during his testimony under cross examination, Barga admonished Sell for revealing the existence of the video to his daughter, a fact he and his wife, Christina, had kept from her. Sell reminded Barga it was his decision bring the children into the courtroom and subject them to such testimony.

Barga claimed he regretted the YouTube posting and never received any donations. A forgotten password prevented him from removing the video, he told the court.

Other defense witnesses called

The defense also called friends of the Barga family to the stand. They were Jessica Work, 230 Jefferson St.; Marcella Hauff, Amelia House, East Poplar Street; and Pastor Fred Gillenwater of the Russell Road Church in Sidney, who spoke of the Barga family attending his church.

Work spoke of former housemates of the Bargas, Nick Harris and Derrick Cornett. On Wednesday, Harris testified he was given $500 cash by Barga to buy drugs in Dayton. Work said she and her boyfriend joined with Harris and Cornett to buy drugs in Dayton because they were cheaper. She said Harris told her he had $400.

She claimed that Cornett, currently imprisoned with the Ohio Department of Rehabilitation and Correction, paid a drug dealer with counterfeit money. Just after the transaction was concluded, the dealer fired multiple shots with a handgun as they fled the scene.

While their car was being chased through traffic and fired upon, Work told the jury she on the floorboard attempting to “shoot up” on heroin.

Work said she was unaware the money was counterfeit. She said she never knew of Barga prior to the investigation of the case, and was unaware of any counterfeiting activities.

Hauff had lived with the Bargas for nearly a month before being evicted due to heroin use. Harris and Cornett moved in directly after she left.

A main piece of evidence is the sheets of printed $10 and $20-dollar bills found in Barga’s trash in front of his home. Hauff claims when she returned to the Barga home to retrieve belongings she found the sheets of paper in an area where Harris and Cornett were staying. Another sheet was found in a coat pocket. She claims to have placed them in a trash bag and placed in a receptacle in front of the house.

Hauff said the Bargas are generous people who tried to help those struggling.

Defendant takes the stand to defend himself

When Barga took the stand, he refuted all claims that he was involved in selling or using drugs. He spoke of the effects the drugs have had on his sister and wants to rid the area of heroin and Fentanyl. He told of evicting Harris and Cornett when he discovered their drug use.

Barga told the jury he began cooperating with Sidney Police to trying to stop people from selling drugs, especially those providing drugs to his sister. He said the drug users were invited into his home as an attempt to reach out to them.

He said his cooperation has “saved a lot of lives” by getting the drugs confiscated.

Barga said a troubled childhood resulted in his late mother, Patricia Gates, leading him to a life in crime. He has previously served two prison terms during several convictions.

He spoke of how he and his wife, Christina, attempted to open businesses and take care of their family. It included auto repair and resale, skateboard business, a second-hand clothing store and Internet sales.

Barga explained that in 2009, he was working part time in several jobs attempting to open an auto repair shop with his brother, Michael. The most lucrative enterprise was the online sale of purposely soiled women’s panties.

He said while it may not have been the most ethical business, it was legal. He also sold glassware online and was a part time student at Edison Community College studying criminal justice.

The Bargas purchased their home and opened the R & M Garage in Sidney. He said the use of bath salts led to his downfall. He noted the drugs were not illegal, but impacted his ability to function.

In an unwise move, Barga admitted creating several sheets of bills of $5, $10, and $20 bills in 2011. He said they were put away and never used. He added he did not, and never has, printed or distributed counterfeit currency. A claim he repeated many times during the afternoon interrogation.

When a stepson unknowingly lifted one of the sheets to buy dance tickets at school, the counterfeit bills surfaced, according to Barga.

Unique item sales sustained family

He opened an unlicensed taxi service, and later pulled over by police. They questioned him about the approximately $10,000 he had in a PayPal account. Barga claimed officers assumed it was from the counterfeiting effort. He said the money was from the windfall contained in the soiled undergarment online market.

Barga spoke of a “midlife crisis” occurring in May 2016 when he turned 40. He began keeping company with younger women and left his home for four months. It led to extramarital activity, and being in the company of other accused counterfeiters.

Barga claimed he knows of some 15 people currently printing counterfeit bills in Sidney.

Sell pressed Barga regarding his testimony regarding the type of trash bag the money was found in stating his daughter is allergic to that style. Barga claims it was the only bag of that color and not his.

As the exchange grew tense at times, the issue of a phone provided by Barga to Hauff, then later to Harris and Cornett came into question. Barga claimed having used the phone only once. In a rebuttal, investigation results showed that Barga had used the phone several times to take non-incriminating photos including one the night before he was arrested.

Throughout Wednesday and Thursday, a series of witnesses, most admitted felons, and drug addicts, current or former friends and family of the defendant, with some now facing related charges in other cases, told varying stories about Barga’s involvement.

Some accused him of printing and providing money to buy drugs and other items. Others saying he instructed individuals on how to print money. Still others, said it was different people were printing the money and bringing it into the Barga home.

Testimonies included calling other witnesses liars, thieves and in one case, “a disease.”

At the end of the day, with the jury out of the courtroom, Griffis requested an acquittal due to the lack of evidence.

Judge Stevenson said this case was clearly going to be one of credibility in who the jurors want to believe. Believing the state had provided an acceptable case, the motion was denied.

By Jim Painter

For the Sidney Daily News

The writer is a regular contributor to the Sidney Daily News

No posts to display