Alabama: Judge won't dismiss counts against McGregor

Judge refuses to toss out 2 bribery counts against Alabama casino owner Milton McGregor
PHILLIP RAWLS Associated Press

MONTGOMERY, Ala. — A federal judge refused Wednesday to throw out two bribery charges against casino owner Milton McGregor just days before his retrial starts in Alabama's gambling corruption case.

McGregor's attorneys contended the two charges should be tossed because prosecutors recently informed them that they failed to turn over some information from two state officials related to the charges. U.S. District Judge Myron Thompson ruled Wednesday that the charges stand because prosecutors had long ago provided similar information to McGregor's lawyers through records of grand jury testimony.

The two charges accuse McGregor of bribing a co-defendant, former legislative employee Ray Crosby. Crosby wrote gambling legislation for the Legislature. FBI wiretaps recorded him talking to McGregor about changes McGregor wanted in a bill to keep open electronic bingo casinos like his VictoryLand in Shorter.

McGregor contended the two charges should be tossed because prosecutors recently notified McGregor's attorneys that they failed to turn over some information from two state officials related to the charges.

Earlier this month, prosecutors notified McGregor's attorneys that they had failed to notify them about federal investigators' interviews with two of Crosby's supervisors. One of supervisors told them that he believed a legislator had authorized Crosby to talk to McGregor about the gambling legislation.

Prosecutors successfully argued that two officials provided similar information to the grand jury, and the records of their testimony were provided to McGregor's lawyers before the first trial in the gambling corruption case.

The trial ended in August with two acquittals, no convictions and the jury unable to resolve all charges against seven defendants, including McGregor and Crosby. The retrial of the case starts Monday.

McGregor's casino 15 miles east of Montgomery was once the largest in the state with more than 6,000 electronic bingo machines, but it closed in 2010 during the gambling investigation. The machines were also the financial linchpin for McGregor's adjoining dog track, which suspended live races.


Judge won't dismiss counts against McGregor
Read the full text of the ruling here
By: Lance Griffin Dothan Eagle

A federal judge declined to dismiss two bribery counts in the gambling corruption case against casino owner Milton McGregor and legislative analyst Ray Crosby, determining the prosecution did not withhold important information from the defense.

McGregor is accused of bribing Crosby. Prosecutors claim McGregor paid Crosby $3,000 per month over a period of several months in exchange for favors Crosby gave McGregor while working on pro-gambling legislation in the Alabama Legislature.

Attorneys for McGregor claimed the casino owner did not do anything improper while working with Crosby on the bill, claiming that Senate majority leader Roger Bedford had authorized McGregor to deal with Crosby.

The McGregor defense sought to have the counts dismissed after receiving what it believed to be new information that had not previously been disclosed by the prosecution. Criminal law requires the prosecution to disclose all potentially exculpatory evidence to the defense prior to trial.

Less than three weeks ago, prosecutors e-mailed the McGregor defense notes from two interviews it conducted prior to the first trial with Legislative Reference Service Director Jerry Bassett and a reference service employee. Crosby worked as an analyst at the Legislative Reference Service.

Both indicated they believed McGregor’s conversations with Crosby were authorized.

Government prosecutors claimed, however, that the same or similar information had been made available to the defense through grand jury testimony and interviews Crosby had with the FBI. Further, the government argued that even if Bedford had given authorization for McGregor to speak with Crosby about the bill, the $3,000 monthly payments provided evidence of a bribe.

U.S. District Judge Myron Thompson agreed with the government’s argument.

“Through the combination of Crosby’s (FBI interview report) and Bassett’s grand jury testimony, the defendants were on notice about this evidence. The defendants were free to interview Bassett to confirm whether Crosby’s (FBI interview report) was credible,” Thompson’s ruling stated.

The public corruption retrial begins Monday. McGregor, Crosby, former Country Crossing spokesperson Jay Walker, former senators Larry Means and Jim Preuitt, lobbyist Tom Coker and Sen. Harri Anne Smith still face various public corruption charges.

Also Wednesday, Thompson granted a government motion allowing two FBI case agents to be present at the prosecution table during the trial. Documents indicate the government seeks to have agents Nathan Langmack and Keith Baker at the table. Thompson said the complexity of the trial and volume of information connected to the case provide reason for two investigators to be allowed at the prosecution table. During the first trial, only one investigator, John McEachern, was seated at the prosecution table.

According to Thompson’s ruling, the government has indicated it does not plan to call Baker or McEachern to testify.