Acquitted defendant says he felt an obligation to testify
June 15, 2005

John Christmas doesn't have the  look of a gambler.

Soft-spoken and with a fashion sense that leans  toward bow ties and white, V-neck boating sweaters, the 40-year-old lawyer  instead has the look of a conservative, by-the-book government wonk - which  many friends and associates say he is.But with his freedom and livelihood on  the line, the former mayoral aide and City Hall insider rolled the dice,  taking the stand in his own defense during the highly publicized political  corruption trial in which he, Imam Shamsud-din Ali and businessman John  Johnson were defendants.

Yesterday morning, after five days of jury  deliberation, Christmas' gamble paid off.

Big time.

The only  defendant to take the stand, he was also the only defendant found not  guilty.

Standing in front of the federal courthouse at Sixth and Market  Streets shortly after the jury delivered its verdicts, Christmas smiled, shook  his head happily, and said he felt he had an obligation to testify.

"I  felt like, as a public official, I had to," said the former assistant to the  chief of staff in Mayor Street's office.

Christmas, who is married with  two small children, spent more than 10 years working in City Hall, first for  the Law Department and then, starting in 2000, for the  administration.

His position, he said, brought him authority and  responsibility. He had authority working for the mayor, and he had a  responsibility to the taxpayers of the city to explain his actions.

"If  you're not comfortable with that, then you shouldn't go into government," said  the St. Joseph's University and Boston College Law School grad. "I wanted  people to know I wasn't hiding anything. . . . I didn't do anything  wrong.

And that is what he said on the witness stand.

"I was  never involved in any conspiracy for any purpose. . . . Not in this case or at  any other time," Christmas said in denying from the stand the charges of mail  fraud and conspiracy to commit mail fraud he faced.

For more than three  hours, first during direct examination by his own lawyer, Brian McMonagle, and  then during a grueling cross-examination by federal prosecutor Frank Labor,  Christmas explained, repeated and elaborated on that defense.

He said  his role in assisting Ali in obtaining a City Hall contract to collect  delinquent property taxes was neither unusual nor criminal, but merely part of  his job to help minority firms compete for government work.

McMonagle  said the decision to testify was his client's call.

"His life was on  the line," said the highly regarded defense attorney whose blend of passion  and common sense also appeared to have an impact on the jury during the  eight-week trial.

"He's the best," Christmas said of  McMonagle.

Facing a possible prison sentence and certain loss of his  license to practice law if convicted, Christmas said the decision to take the  stand was not difficult. Nor did he consider it much of a gamble.

It  was simply, he said, the right thing to do.

"There are lots of good and  decent people who work in City Hall," McMonagle said after he and his client  embraced on the sidewalk outside the federal courthouse. "Today, one of them  got his life back."

Contact staff writer George Anastasia at  856-779-3846 or ganastasia@phillynews.com.