Alabama: Chief prosecutor leaves gambling corruption case

Chief prosecutor leaves gambling corruption case
Written by Phillip Rawls The Associated Press


The lead prosecutor in Alabama's gambling corruption case has left the prosecution team because he has taken a new job less than two weeks before jury selection begins for the retrial.

Justin Shur resigned as deputy chief of the Justice Department's Public Integrity Section to join Washington law firm MoloLamken. Shur filed papers with the federal court in Montgomery on Tuesday announcing his desire to withdraw from the case because of his new job, and the trial judge approved the withdrawal Thursday.

The retrial of seven defendants starts Jan. 30 in Montgomery. Justice Department spokeswoman Laura Sweeney declined comment Thursday about who will be the lead prosecutor, but defense attorneys said it appears Kendall Day, another Justice Department attorney, is taking over the job.

He would make the third chief prosecutor since the case began with indictments in Octo-ber 2010 against casino owner Milton McGregor, four present and former state senators, and several others on charges accusing them of swapping campaign contributions for votes on pro-gambling legislation.

McGregor's attorney, Joe Espy, said Shur's withdrawal came as a surprise because Shur was active in the preparations for the retrial until a few days ago. He said the withdrawal coincides with McGregor's side filing court papers accusing the prosecution of withholding some information in the first trial that would have been beneficial to their client.

Two assistant U.S. attorneys who helped in the original trial left the prosecution team earlier. Espy said shaking up a legal team before a retrial puts that side at a disadvantage because of the extra time needed to prepare.
The Justice Department declined to respond.

The first trial ended in August with two defendants acquitted and the jury unable to resolve all the charges against the other seven defendants, including McGregor. No one was convicted.

One of those acquitted, Democratic state Sen. Quinton Ross of Montgomery, said he was glad to see Shur go.

"After 138 counts, nine defendants -- two of which were acquitted -- two months, and millions of dollars, the federal prosecutors failed to get a single conviction and the case is still under the cloud of prosecutorial misconduct. How long are they going to spend taxpayers' money to rob us of the justice that money is supposed to provide?" he said.

One casino owner and two of his lobbyists pleaded guilty to government corruption charges before the original trial.