Alabama: Greenetrack paid Ross for consulting

Greenetrack paid Ross for consulting; senator alleges colleague offered money for vote
Written by Sebastian Kitchen

A prosecutor mentioned a casino paying a senator more than $6,600 a month, and a former state senator said one of his colleagues offered him campaign contributions if he would vote for gambling legislation during Friday proceedings in a federal corruption case.

A federal prosecutor asked a key government witness Friday if she knew that Sen. Quinton Ross received $6,600 a month from Greenetrack, but documents show the work was for consulting the senator did to help the track with its scholarship program.

Mark Englehart, an attorney for Ross, quickly objected to the comment by prosecutor Steve Feaga. Attorneys then went into a closed session to discuss the issue.

Greenetrack is a casino in Eutaw in west Alabama.

Feaga asked the question to Jennifer Pouncy, a lobbyist for Country Crossing developer Ronnie Gilley, who was on the witness stand. She already has pleaded guilty in a case in which Ross, D-Montgomery, and eight other defendants are on trial for their alleged part in a scheme in which casino interests bribed state lawmakers to support gambling legislation.

Lewis Gillis, an attorney for Ross, said the question was an opportunity for the prosecution to throw out an inference of something that is negative, but that Ross was paid through a legitimate business deal and legitimate services were rendered.
"Out of desperation, it's an attempt to raise innuendo," Gillis said.

Gillis said the documents were turned over to the government a "long time ago" and that it would be in the indictment if there was anything improper.

Greenetrack, at least until raids by state law enforcement, offered college scholarships to children of employees and to other students in the county through the Greene County Community Enrichment Scholarship Program.

The Ross Group was under contract with Greenetrack beginning in September 2009 to be paid $80,000 a year or $6,668 a month to help ensure the success of the students in the program by communicating with them and monitoring their grades, according to a document obtained by the Montgomery Advertiser. Ross, the owner and operator of The Ross Group, was paid as a consultant and special coordinator. The Ross Group is a LLC.

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Ross only received about $54,000 because the payments stopped when state law enforcement raided Greenetrack, according to Gillis, and that does not include the portion that went to federal income taxes.

Ross, a former high school principal who now directs adult education at H. Councill Trenholm State Technical College, made a proposal to Greenetrack owner Luther "Nat" Winn and Winn made a counterproposal to Ross, according to the documents obtained by the Advertiser.

Ross's other duties included assessing the program, outreach, starting tutoring and mentoring programs, encouraging the pursuit of higher education, establishing a help line, and developing a website for the program.

Ross, according to his attorneys, worked with about 90 students.

Ross's payments from Greenetrack are not mentioned in the indictment, which charges Ross with pushing for campaign contributions from casino owners and their lobbyists leading up to the Senate vote on gambling legislation.

Also, in 2009, Ross sponsored gambling legislation that died in the Senate.

The question

U.S. District Judge Myron Thompson and Englehart asked why Feaga would have any basis to ask Pouncy about the money Greenetrack paid to Ross.

Feaga said he had no basis and apologized for asking the question.

Thompson instructed the jury to ignore the question.

Gillis talked in his opening statement about a program Ross operated to help children in Greene County.

Veiled threats

Englehart questioned whether Pouncy originally indicated to federal authorities that Ross was demanding and that the senator insisted he wanted campaign contributions to vote for gambling legislation when he was asking for money in 2009 and 2010.

Pouncy said she told the authorities that Ross made "veiled threats" that he would not vote for gambling legislation if he did not receive contributions.

Pouncy said that in her April 28, 2010, interview with authorities that she described Ross to authorities as being direct and adamant. She said he felt he deserved contributions because he sponsored the gambling legislation in 2009. Pouncy also said Ross told her he was "not feeling the love."

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On Thursday, Pouncy said Ross became increasingly adamant, but never demanded money in exchange for his vote.

Pouncy and Jarrod Massey, a lobbyist she worked for, have said they thought Ross would vote for the legislation.

Pouncy said, when asked, that lobbyists had a list of senators who were "in play" and Ross was never on that list because he supported gambling bills.

Gillis has said Ross never extorted anyone for money and was a candidate trying to raise money for his campaign.

Pouncy, Massey and Gilley already have pleaded guilty in the case.

'Over the line'

Former state Sen. Steve French said Friday that fellow Sen. Harri Anne Smith told him more than once that she would contribute to his campaign if he voted for gambling legislation.

French, a Republican from Mountain Brook, was a witness in the corruption trial.

Smith, an independent from Slocomb, is one of the nine defendants.

French said Smith mentioned during a March 9, 2010, dinner with fellow Republicans that other Republicans were coming to her for contributions.

French said the comment got their attention because senators typically ask for contributions and are not asked for contributions.

Smith said that some Republicans, when they heard she had endorsed Democrat Bobby Bright for Congress in 2008, were leery of accepting the contribution.

French said he joked that he would take a contribution regardless of whether she endorsed former Montgomery Mayor Bright, who was elected to Congress in 2008.

Republicans later stopped Smith from running for re-election as a Republican in 2010.

Two days later, while the Senate was in session, French said Smith called him over to her desk.

He said that Smith told him three times that there was campaign money available if he voted for the gambling bill.

French, who served three terms in the Senate, said he told her "we're not going to talk about any kind of official action ... If you want to give me a contribution, I would be glad to accept it."

When asked about the conversation in court, French said "her linking the two was very uncomfortable to me and I thought she had stepped over the line."

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When asked about why he walked away during the conversation, he said "I was very uncomfortable with where the conversation was headed and I did not want the conversation to continue."

When asked when she was leaving the courthouse if she ever made those offers to French, Smith said "absolutely not."

Smith and her attorney, Jim Parkman, said the situation does not even make sense because French never mentioned how much money was discussed or where it would come from.

When asked if Smith bribed him, French said no because he did not allow the conversation to go that far.

The prosecutor asked French if anyone had ever offered him a contribution in exchange for his vote before.

"No one and no one had even come close," French said.

Defense attorneys questioned how many drinks French had before the dinner conversation with Smith and asked him why he discussed Smith's comments with two Republicans instead of going directly to authorities.

French acknowledged he possibly had one martini and then some wine at the dinner, but said he did not have any drinks before they talked on the Senate floor.

French, who lost in the 2010 Republican primary, said he talked to authorities about the offer.

Parkman said French was being a good Republican and did not go to authorities until Smith was kicked off the 2010 ballot.

Attorneys argued late Friday afternoon about what documents should be allowed in and whether the government's final two witnesses should be allowed to testify about certain documents, including payments to former legislative analyst Ray Crosby, who also was being paid by VictoryLand owner Milton McGregor, and Republican activist Brad Unruh, who was paid at times by McGregor and Massey.

Joe Espy, lead attorney for McGregor, said the prosecution is late in its case and is scrapping after the "tapes went flat."

"Every witness they have counted on has failed," Espy said while leaving the courthouse.

Josh Blades, former deputy chief of staff for Gov. Bob Riley, will likely not testify in the case.

The prosecution is expected to wrap up its case Monday, followed by Thompson hearing motions for acquittal Tuesday. Defense attorneys could begin their case Wednesday.