Minkow Trial Figure Threatened, He Says

A stockbroker refused to testify Wednesday in the Barry Minkow securities fraud trial, claiming that he was threatened in the courthouse hallway by a suspected organized crime figure who made “menacing gestures” at him and said, “We’ll have our day . . . in court.”

Donald A. Johnson, who was to testify about stock transactions he conducted for former ZZZZ Best financier Maurice Rind, said he felt “nervous” after the confrontation with Rind, who is one of the purported mobsters Minkow claims infiltrated his carpet cleaning company before its collapse in 1987.

Rind, both Johnson and his lawyer said, pointed a finger at him and said, “We’ll have our day. . . . “

When the lawyer inquired whether Rind was threatening him, Rind continued, “ . . . in court.”

Denies Intent to Threaten

Rind, who has denied any ties to organized crime, said he never meant to threaten Johnson.

“Your honor, I never threatened anybody,” Rind told U.S. District Judge Dickran Tevrizian. “I just told (him), you and I will have our day in court. That’s exactly what I said.”

Federal marshals quickly escorted Rind down the hallway after the incident, and Tevrizian huddled with lawyers for an account of what happened before calling Rind into the courtroom for an explanation.

“I’m going to tell you right now, there’ll be absolutely no direct or indirect threats made to any individual in connection with this case,” the judge warned.

Invokes Fifth Amendment

Johnson, called to the stand immediately afterward as a defense witness, at first invoked his Fifth Amendment privilege against self-incrimination when asked about his involvement in stock manipulation at ZZZZ Best. But when he also invoked the privilege when he was asked whether he had a brother, Tevrizian ordered him to answer.

“Is your refusal to testify today related to your nervousness about Maurice Rind?” asked Minkow’s lawyer, David Kenner.

“Yes,” Johnson replied.

“By nervousness about Mr. Rind, (do you mean that) you, yourself, feel threatened by Maurice Rind about any testimony you might give about Mr. Rind?” Kenner asked.

“Yes,” Johnson said.

Both Johnson and his attorney, Steven Stanwyck, refused to say whether Johnson had been the subject of any other purported threats.

‘Kind of a Sacred Place’

“My view is the federal courthouse is kind of a sacred place, and what you saw this morning was kind of unfortunate. And that’s my comment,” Stanwyck said.

After the hearing, prosecutors said it was clear that Johnson’s motivation for refusing to testify was not because of any purported threats, but to protect himself against self-incrimination.

“I think it’s clear he was invoking (the Fifth Amendment) for potential criminal liability,” said Assistant U.S. Atty. Gordon Greenberg.