Alabama: Former Governor to Testify?

Gambling corruption trial: Former Gov. Riley pushed to testify
Written by Sebastian Kitchen

A defense attorney for VictoryLand owner Milton McGregor said former Gov. Bob Riley is the only potential witness fighting his subpoena to testify in his client's upcoming federal corruption trial and he believes there is a compelling reason.

"It has become more and more clear he has something to hide," said Joe Espy, lead attorney for the casino owner.

But an attorney for Riley said McGregor's attorneys are creating a "sideshow designed for the media."

Matt Lembke, a private attorney hired by Riley, said McGregor's attorneys have not shown that Riley has information concerning the cases of McGregor and six other defendants.

Andrew Arrington, an attorney from the state attorney general's office, cited cases in which he said that requiring current and former officials to testify is "frowned upon."

While prosecutors allege that McGregor and the other defendants offered or took bribes in exchange for votes on gambling legislation, Espy said Riley was leading the fight against the legislation and made offers to people to block it.

"He was the leader of the no votes. He wasn't a soldier," he said of Riley.

Espy said that Riley offered campaign contributions and projects, but said he could not be more specific because the judge has sealed the information.

Lembke called that claim outrageous slander. He said Riley never offered anything to anyone during his eight years as governor.

Lembke and Arrington argued against Riley testifying. Arrington said that Riley and Col. Chris Murphy, former director of the Alabama Department of Public Safety, should have executive and law enforcement privilege.

U.S. Magistrate Judge Wallace Capel Jr. presided over the hearing about motions to quash the subpoenas and will issue a ruling. He said that having current officials testify is often discouraged because of issues with time and responsibility, but questioned whether that extended to former officials.

"They're not state executives," Espy said. "Governor Riley is a lobbyist."

Capel, who did not indicate when he would issue the order, also said it seems premature now to determine whether Riley's testimony would be material in the trial, which begins Jan. 30, and that they were asking the court to speculate. He questioned whether it would be better for the trial judge, U.S. District Judge Myron Thompson, to decide the issue.

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Arrington and Lembke said Riley should not be required to testify if other people have the same knowledge and can testify.

"They must have personal knowledge that cannot be gleaned from any other source," Arrington said.

Lembke said that if they can prove there is a need for Riley to testify, Riley will abide by the ruling and testify.

"They are not even close to reaching the standard to call a former governor to testify," he said.

Attorneys for both sides said that Murphy, who is now director of public safety for the city of Montgomery, did not object to honoring his subpoena even though the attorney general's office is trying to quash it.

Arrington said Murphy helped direct the task force that Riley created to shut down what he believed was illegal gambling in state. He said there is no connection between the state cases, which he said are pending, and the federal prosecution.

McGregor and the other six defendants will go on trial again because a jury could not reach a unanimous decision on all of the charges against them and the judge declared a mistrial on those counts.

The judges who handled similar motions in the first trial did not compel Riley and Murphy to testify, but said they should be available in case it became necessary.
Espy said that they found out new information during the trial, including an FBI agent saying that Riley was informed of the investigation. Since the trial, Espy said they have seen former lobbyist Jack Abramoff's claims that Native Americans directed money into Alabama to try to block the expansion of non-Native American gambling here. Espy said they are still trying to find out more information about those issues.

Riley has said he did not know about the federal investigation until legislative leaders told him, but a special agent said on the witness stand that the U.S.
Department of Justice was worried about the Legislature passing a tainted bill so they decided to inform legislative leaders and Riley about the investigation.

Defense attorneys argued that Riley appointed a key government witness, former state Rep. Benjamin Lewis, to a district judgeship in Houston County because he cooperated with prosecutors and voted against the gambling legislation. Lewis secretly recorded conversations for the FBI.

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Espy argued that there was one document turned over relating to Lewis' appointment that Riley would have critical information about.

Lembke said there were members of a committee that handled the appointment to the judgeship who could provide similar information.

Espy said Thompson already indicated in a motion that he thought Lewis was racially and politically motivated.

Espy also cited an email from Riley's office to Murphy in December 2009 that stated that Riley continued to ask questions about east Alabama, which the attorney said was a reference to VictoryLand, and wanted those questions answered before moving on to south Alabama, where Country Crossing was located.

"I do not expect him to order an operation until we have been rejected by the Department of Justice," Espy said reading the email from Riley's office. He did not identify who sent it.

Espy and other defense attorneys have alleged the prosecution was politically motivated, and said they want to know what the communication was between the governor's office and the Department of Justice.

Lembke said that email was sent from Riley's office, not Riley, and that someone else could speak to that communication.