Alabama: More Indictments Possible

Attorneys say more charges possible in Alabama gambling corruption probe
PHILLIP RAWLS Associated Press

MONTGOMERY, Ala. — Two brief exchanges in Alabama's gambling corruption trial indicate more charges and more trials may be coming.

One involved evidence that a federal grand jury kept meeting after indicting the nine people currently on trial in Montgomery. The other involved a star witness saying he may be testifying in more trials.

"There could be what we call in the business a second wave of indictments coming," said Jim Parkman, defense attorney for state Sen. Harri Anne Smith, I-Slocomb.

Smith is among nine people being tried on charges accusing them of buying and selling votes on legislation designed to protect electronic bingo casinos from police raids. The trial will begin its fifth week Tuesday after a hiatus for the holiday weekend.

When a federal grand jury issued indictments against the defendants in October, the Justice Department said the investigation was ongoing. But department officials have given no updates since then.

Defense attorneys say it is clear that federal investigators are still busy and the current defendants may not be the last to go to trial.

One important exchange occurred during the trial last week when the judge was considering issues while the jury was out of the courtroom. A defense attorney for VictoryLand casino owner Milton McGregor objected to a chart of campaign contributions that the prosecution wants to present later in the trial. The defense attorney said the chart involved political action committees operated by Rudy Davidson of Birmingham, and the grand jury received the information after it issued the indictments against McGregor and the other defendants in October.

"In some of these public court hearings, we have raised a question: Have they used this grand jury for the discovery process? That's inappropriate," defense attorney Joe Espy said.

The other exchange involved Country Crossing casino developer Ronnie Gilley, who testified for the prosecution last week. Gilley pleaded guilty in April to offering bribes to legislators to vote for the pro-gambling legislation and he's scheduled for sentencing on Nov. 15. His plea agreement calls for a prison sentence of 20 to 27 years, but prosecutors can recommend a shorter sentence based on his cooperation.

Susan James, attorney for former Country Crossing spokesman Jay Walker, questioned Gilley on the witness stand about what's ahead.

She told the casino developer that she had subpoenaed tapes of phone calls he made while an inmate at the Montgomery City Jail in April. She asked him if he told an employee in one call "that you would not be sentenced in November."

"I probably did," Gilley replied.

"You may be on the witness stand in a lot of cases in the future, is that correct?" James asked.

"Possibly," Gilley replied.

In an interview later, James said she asked the question because it appears the grand jury is still working and Gilley is still providing assistance. She said the government doesn't want to sentence Gilley until it has received all the cooperation it can get, and Gilley doesn't want to be sentenced until he has done everything he can do to shorten his sentence.

"I assume he's got a lot to say about a lot of people. The more he says the better things work out for him because he's cooperating with the prosecution," she said.

When asked about an ongoing investigation, the Justice Department took the same position it has taken since announcing the indictments in October.

"The department would decline to comment," spokeswoman Laura Sweeney said.