Alabama: No convictions, New Trials

No convictions in bingo corruption trial
By: Lance Griffin


5:40 p.m. -- Government prosecutors in the gambling corruption trial here said the case was simple.

They said it came down to “this for that”, an offer of something of value in exchange for a pro-gambling vote.

Bribery.

But after seven days of deliberations, a jury of 11 females and one male apparently could not decide on this, or that.

The government charged a total of 124 counts in the case against nine defendants, ranging from conspiracy to bribery, extortion, honest services fraud, obstruction of justice, making false statements and money laundering in connection with the attempted passage of a pro-gambling bill in the Alabama Legislature. The jury returned 81 not guilty verdicts and was unable to render a verdict on the remaining 43.

Two defendants, lobbyist Robert Geddie and Sen. Quinton Ross, D-Montgomery, were cleared of all charges. U.S. District Judge Myron Thompson will hold a status conference in about a month to set a new trial date for the remaining defendants.

The case was a stinging defeat for the U.S. Department of Justice’s Public Integrity Unit. It is expected, however, to forge ahead with a new trial.

“The jury didn’t give the government a thing — not one thing — and not one defendant in this case spoke a word,” said Susan James, attorney for former Country Crossing spokesperson Jay Walker, who still faces conspiracy and bribery charges despite being cleared of honest services fraud charges. “The bigger message in this case is that the government got zero.”

The government used 17 witnesses, played more than 125 recorded conversations involving defendants and legislators who cooperated with the investigation. It introduced contracts, financial documents and other evidence in attempt to establish a conspiracy between VictoryLand owner Milton McGregor, lobbyists Tom Coker and Geddie, former senators Larry Means and Jim Preuitt, current senators Ross and Harri Anne Smith, Walker and legislative analyst Ray Crosby.

“We appreciate the jury’s service in this important public corruption trial. Our prosecutors will discuss next steps as we move forward in this matter,” Laura Sweeney, spokesperson for the U.S. Department of Justice, said in a prepared statement.

It appears the jury was able to reach many not guilty verdicts quickly, but also appeared to hang up on many counts quickly as well. The jury sent a note to Thompson on the fifth day of deliberations, saying it was hopelessly deadlocked on some counts. Thompson urged the jury to continue deliberating. After a day and a half, the jury was still deadlocked. Thompson had the option of sending the jury back for more deliberations, but the government and all defendants agreed to accept partial verdicts.

“It is a wonderful thing to watch our justice system at work. It is a terrible thing to watch what the government can put someone through with virtually no evidence,” said attorney Jimmy Judkins, who represented Geddie.

The jury deadlocked on most of the bribery counts against the seven remaining defendants. However, it did reject Count 10, which charged McGregor and Coker with bribing Ross. It also rejected Count 2, which charged Smith with bribing then-Rep. Benjamin Lewis at a March 4, 2009, dinner meeting at a Montgomery restaurant.

The jury also rejected the extortion charges against the senators and almost all of the honest services fraud charges.

“I believe, looking at that jury, that the majority overwhelmingly were for not guilty,” said Joe Espy, attorney for McGregor. “We will look and see where we are and we will prepare going forward. I am disappointed any time I don’t win everything 100 percent.”

Lewis Gillis, attorney for Ross, said he was elated that his client was cleared, and hoped the codefendants would not have to go through another trial.

“I believe based on what happened today the government should question whether they want to put anybody back on trial in this case,” Gillis said.

There were no convictions in the bingo corruption trial. Other charges resulted in no verdicts.

Defendants who had charges ending in a mistrial will be retried on those charges later. The judge said it will be a month or two before he sets a new trial date.

Laura Sweeney, spokesperson for the Department of Justice: "“We appreciate the jury’s service in this important public corruption trial. Our prosecutors will discuss next steps as we move forward in this matter.”

Susan James, atty for Jay walker: "This jury didn't give the government a thing, not one thing, and not one defendant in this case spoke a word."

Joe Espy, attorney for Milton McGregor, said "We will look and see where we are and we will prepare going forward."

Jimmy Judkins, attorney for lobbyist Bob Geddie, who was totally cleared, said "the facts prevailed in this case."

2:31 p.m. - Former legislative bill writer Ray Crosby, no verdicts.

2:27 p.m. - Former Country Crossing spokesman Jay Walker, not guilty on some counts. No verdict on others.

2:25 p.m. - Sen. Harri Anne Smith of Slocomb, not guilty on some counts. No verdict on others.

2:23 p.m. - Sen. Quinton Ross of Montgomery, not guilty on all counts.

2:21 p.m. - Former senator Jim Preuitt of Talladega, not guilty on some counts. No verdict on others.

2:20 p.m. - Former senator Larry Means, of Attalla, not guilty on some counts. No verdict on others.

2:18 p.m. -- Lobbyist Bob Geddie, not guilty on all counts.

2:16 p.m. -- Lobbyist Tom Coker, not guilty on some counts. Jury reaches no verdict on other charges.

2:10 p.m. -- Victoryland owner Milton McGregor, not guilty on some counts. Jury reaches no verdict on other charges.

1:42 p.m. -- U.S. District Judge Myron Thompson has agreed to accept partial verdicts in the bingo corruption trial.

Thompson told the jury foreman to fill out the verdict forms and let the court know when the jury is ready to proceed.

Counts against defendants that have not been agreed upon can be retried by the government.

1:33 p.m. – U.S. District Judge Myron Thompson will rule soon on the jury deadlock issue. If he decides against giving the jury an Allen charge, we could get some verdicts soon.

The Dothan Eagle will update the bingo trial blog as soon as developments warrant.

12:27 p.m. – The jury in the gambling corruption trial has told the judge it remains deadlocked on some counts.

The jury foreman sent the same note it sent to U.S. District Judge Myron Thompson on Tuesday, indicating it has reached unanimous consent on some counts, but feels it will never reach unanimous consent on all counts.

Thompson is now seeking input from the attorneys on how to proceed. The court will convene again at 1:10 p.m.

The Dothan Eagle will update the bingo trial blog as soon as developments warrant.

11:41 a.m. – A text alert sent to the media reads “Important note from the jury.” Attorneys and defendants must assemble by 12:10 p.m. We will update the blog as soon as events warrant.

9:55 a.m. – The jury in the gambling corruption trial in Montgomery entered its seventh day of deliberations Thursday at 9 a.m.

Jurors deliberated throughout the day Wednesday with no indication as to whether they were closer to resolving strong disagreements on some counts.

Tuesday, the jury foreman sent U.S. District Judge Myron Thompson a note saying the jury had reached unanimous consent on some counts, but believed there was no hope of reaching unanimous consent on all counts.

The Dothan Eagle will update the bingo trial blog as soon as developments warrant.