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Tuesday, July 26, 2011

Alabama: Government calls McGregor conspiracy kingpin

Government calls McGregor conspiracy kingpin
By Lance Griffin

In response to what is expected to be a flurry of motions from the defense for acquittal in the ongoing gambling corruption trial, attorneys for the government have filed a 21-page brief outlining what they believe the evidence has shown in the prosecution’s case.

The prosecution is expected to rest Monday after the testimony of two additional records witnesses. U.S. District Judge Myron Thompson told the jury to expect a day off Tuesday while he hears motions from the defendants, who plan to argue that some or all of the counts should be dismissed because they believe the government failed to make its case.

The government’s brief outlinedwhat it believes was the role of all nine remaining defendants in the case, starting with McGregor.

The evidence admitted at trial establishes that defendant McGregor was not only a coconspirator, but the conspiracy’s kingpin,” states the government brief, written by Eric Olshan. “Evidence shows that defendant McGregor believed that anti-gambling political efforts threatened his significant investment in Victoryland. Driven by this financial desperation, McGregor believed that his very ‘survival’ depended on the legalization of electronic bingo in the State of Alabama.”

Below is a summary of the government’s brief as it relates to the other defendants’ roles in the alleged conspiracy.

Lobbyist Tom Coker

The government believes Coker served as a go-between, carrying forward illicit offers from McGregor to legislators, including Sens. Jim Preuitt and Larry Means by visiting them to secure McGregor’s commitments.

Lobbyist Robert Geddie

The government refers to Geddie as McGregor’s “bagman”, claiming he carried two $5,000 checks to a fundraiser for Rep. Barry Mask, R-Wetumpka, hours after McGregor had a conversation with Mask about gambling legislation and campaign contributions. Then, the government claims Geddie attempted to hide the source of the money by removing McGregor’s name from Geddie’s contribution ledger.

“Defendant Geddie’s efforts to conceal the corrupt nature of the payment provides evidence of Geddie’s and McGregor's criminal intent,” the brief states.

Sen. Jim Preuitt

The government asserts Preuitt was the subject of several illegal offers. Lobbyist Jennifer Pouncy testified she relayed an offer of $2 million for Preuitt’s re-election campaign from her boss, Jarrod Massey, hours after Preuitt voted against gambling interests in a procedural bingo vote March 3, 2010. Massey and Country Crossing developer Ronnie Gilley also testified they committed country music stars to participate in campaign appearances, and committed to pay for a poll for Preuitt’s campaign.

Sen. Larry Means

Lobbyist Jennifer Pouncy testified that Means asked her for a $100,000 campaign contribution in exchange for his bingo vote. Pouncy also testified that Coker and others had worked together to secure other deals from other gambling interests if he voted in favor of Senate Bill 380. Means voted present on the March 3, 2010, procedural vote, but voted yes on passage of the bill March 30.

Sen. Quinton Ross

“Testimony from Pouncy, Gilley, and Massey makes clear that in the months and days leading up to a vote on SB380 defendant Ross actively solicited campaign contributions in connection with such legislation,” the government brief states.

Sen. Harri Anne Smith

The government refers to Smith as a “key figure” in the conspiracy.

“In exchange for her official actions, Gilley helped secure hundreds of thousands of dollars in direct and in-kind campaign contributions to defendant Smith’s campaign beginning in December, 2009,” the government brief states. “… Throughout the life of the conspiracy, defendant Smith was beholden to (Gilley) and was willing to sell her votes and seek the votes of other legislators.”

Jay Walker

Walker, who served as Country Crossing’s spokesperson, worked with Gilley and others to secure the vote of Sen. Jim Preuitt by offering to assist in Preuitt’s campaign by paying for a poll and by relaying illegal offers from Gilley, according to the government.

“Although defendant Walker did not play as central a role in the conspiracy, the evidence nonetheless establishes that he was more than willing to do whatever it took to pass SB380,” the brief states.

Ray Crosby

Crosby worked as a legislative analyst in the Legislative Reference Service. The government believes he was paid $3,000 a month by McGregor to place language in gambling bills that favored McGregor.

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