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Saturday, April 2, 2011

Federal judge considers sanctioning prosecution in Alabama gambling corruption case

Federal judge considers sanctioning prosecution in Alabama gambling corruption case

PHILLIP RAWLS Associated Press

MONTGOMERY, Ala. — An angry federal judge said Friday he's considering sanctions against prosecutors for their repeated delays in turning over FBI documents to defense attorneys.

In a court hearing Friday, U.S. Magistrate Judge Wallace Capel Jr. did not say what sanctions he is considering, but defense attorneys urged him to throw out the charges against their clients or at least block the use of FBI wiretaps at trial. Prosecutors said mistakes were made, but nothing that would prevent the 10 defendants from getting a fair trial.

Casino owners Milton McGregor and Ronnie Gilley, four present and former legislators, and four others are facing trial June 6 on charges accusing them of buying and selling votes on legislation designed to keep open Gilley's and McGregor's now-closed electronic bingo casinos.

During the investigation, the FBI tapped the casino owners' phones and those of Gilley's lobbyist, Jarrod Massey, who has pleaded guilty to offering millions in bribes to legislators.

Feaga said collecting documents to turn over was difficult, in part, because FBI agents had been looking at one of the defendants in a separate murder-for-hire case. At that point, the judge cut off the prosecutor, and McGregor's attorneys complained the prosecution was trying to prejudice people against their client.

It was the second time during court hearings that prosecutors have made reference to an old investigation of McGregor that resulted in no charges against the owner of VictoryLand casino, about 15 miles east of Montgomery.

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