Gilley asks for new sentence in gambling case

Published: July 24, 2013

 

 

FILE - In this Oct. 4, 2010 file photo, Cross Country gaming facility owner Ronnie Gilley leaves the Federal building in Montgomery, Ala. Gilley has asked a federal judge to reduce his prison sentence. Gilley is making the request because he and his Atlanta-based attorney, Amy Weil, claim that his former attorney, David Harrison, provided ineffective counsel. "Attorney Harrison told me that it was in my best interest to plead guilty because, if I pleaded guilty and cooperated, the court would sentence me to probation or, at worst, house arrest," Gilley wrote. " Gilley pleaded guilty in Alabama's gambling corruption investigation and has admitted he was deeply in debt and out of money when he offered millions in bribes to legislators to support pro-gambling legislation.

DAVE MARTIN — AP Photo

Read more here: http://www.heraldonline.com/2013/07/24/5049790/gilley-asks-for-new-sentence-in.html#storylink=cpy

 

DOTHAN, Ala. — Former Country Crossing developer Ronnie Gilley has asked a federal judge to reduce his prison sentence.
The Dothan Eagle reported (http://bit.ly/140eKxc ) that Gilley is making the request because he and his Atlanta-based attorney, Amy Weil, claim that his former attorney, David Harrison, provided ineffective counsel.

"Attorney Harrison told me that it was in my best interest to plead guilty because, if I pleaded guilty and cooperated, the court would sentence me to probation or, at worst, house arrest," Gilley wrote.

"Attorney Harrison told me that he could secure a sentence of probation or house arrest because he had a great relationship with the U.S. Attorney's Office."

It has been nearly a year since Gilley was sentenced to 80 months in federal prison for multiple counts of bribery and money laundering in connection with a wide-ranging investigation into bribery tied to proposed gambling legislation.

Gilley's current attorney filed a motion to vacate the sentence, saying his former lawyer misled him on the expected range of his sentence. The motion also says, among other things, that Gilley's former lawyer should have called as a witness one of the FBI's lead investigators on the gambling corruption case.

In the motion, Weil also argued that Gilley's former attorney acknowledged to state officials that he offered bribes of more than $2 million when evidence showed that wasn't the case. Weil said the detail is important because sentencing levels increase with the amount of bribes being offered, and he could have gotten less jail time had his former attorney argued the monetary amount of the bribes.
Harrison said he provided effective counsel and is not surprised by the motion.

"It is something that happens in a lot of cases. I have filed a lot of them before and I have been a subject before. I am used to that. It's part of the system," Harrison told the newspaper.

The motion has been passed on to U.S. Magistrate Judge Wallace Capel.

Gilley is incarcerated in federal prison in Atlanta and has served more than eight months.

Read more here: http://www.heraldonline.com/2013/07/24/5049790/gilley-asks-for-new-sentence-in.html#storylink=cpy

http://www.heraldonline.com/2013/07/24/5049790/gilley-asks-for-new-sentence-in.html

Read more here: http://www.heraldonline.com/2013/07/24/5049790/gilley-asks-for-new-sentence-in.html#storylink=cpy
 

Interesting!

AG files lawsuit to shut down Indian casinos

Written by Gannett News Service Feb 19, 2013

Alabama Attorney General Luther Strange filed a lawsuit in Elmore County trying to shut down what he argues are slot machines at the three casinos operated in the state by the Poarch Band of Creek Indians.
While Strange quickly points out that state authorities do not have jurisdiction on tribal land, he argues that the Poarch Creeks are not following state gambling laws and that the “continued operation of unlawful gambling devices by defendants is a public nuisance” that should be stopped by the court.

The Poarch Creeks, in a statement sent out Tuesday afternoon, said the lawsuit has no legal merit.

“As a federally recognized sovereign Indian nation, Poarch Creek’s land is governed by federal, not state law,” according to the Poarch Creek statement. “While we respect Mr. Strange’s attempts to fulfill his duties as state attorney general, he is not a federal official and therefore, has no jurisdiction or enforcement authority over tribal land or tribal gaming operations.”

The Poarch Creeks argued the machines are electronic bingo, which is Class II gambling, and are legal under federal law.

“While Mr. Strange may target VictoryLand and any other gaming facility in the state, this lawsuit against Poarch filed in circuit court is yet another example of Mr. Strange refusing to recognize the sovereignty of the Poarch Band of Creek Indians,” according to the statement from the tribe.

If there is Class II gambling in a state, American Indians are allowed to have the same class, which by federal regulations includes electronic bingo, on their lands. But Strange and others argue the machines are slot machines, which are not Class II.

The state filed the lawsuit against members of the Poarch Creek Tribal Council and against members of the tribal Gaming Authority. The Poarch Creeks operate casinos in Wetumpka, Montgomery and Atmore. They are in the midst of a $246 million expansion of the casino in Wetumpka, adding a 20-story hotel and casino that is scheduled to open in January 2014.

Strange’s office argues the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity at the Creek Casino in Wetumpka, the Wind Creek Casino in Atmore, and the Creek Casino in Montgomery in violation of Article IV, Section 65 of the Alabama Constitution (1901) and Ala. Code § 13A-12-20 et seq.”

State authorities, led by Strange’s office, served a search warrant at VictoryLand on Tuesday and seized hundreds of machines and an undisclosed amount of cash.

Joe Espy, attorney for VictoryLand and casino owner Milton McGregor, said Tuesday that the “lawsuit against the Poarch Creek Indian casino filed today is a smokescreen and a waste of taxpayer money.”

“As he knows, the Alabama attorney general has no jurisdiction over Native American gaming,” Espy said following the law enforcement action at the Macon County casino. “In the short term, all this is going to do is send the customers of VictoryLand to the Poarch Creek Indian facility in Wetumpka.”

Strange said in his statement that he decided to file the lawsuit after other efforts to stop gambling activities by the Poarch Creeks failed and because state law enforcement could not seize machines on reservation land.

“Unlawful gambling is a statewide problem, and I have worked with local authorities to enforce Alabama law consistently and fairly throughout the state,” Strange said. “I have sent two letters to the National Indian Gaming Commission, asking them to stop the Poarch Band’s unlawful gambling, but the commission has refused to do anything about it. The commission’s inaction has left me with no choice but to file this lawsuit.”

Strange sent letters to the National Indian Gaming Commission on Feb. 11, 2011, and on April 25, 2012, asking the commission to take action to stop the use of what Strange and his office believe are slot machines, which are illegal in Alabama, at the Poarch Creek casinos. Others argue the machines are electronic bingo machines that are legal in the state.

“I have lobbied Congress to stop the expansion of Indian gambling to new areas, and I have filed a brief in the Alabama Supreme Court to oppose the Poarch Band’s efforts to use its land for gambling,” Strange said. “As I have said many times, my office will use every tool at its disposal to stop illegal gambling in Alabama, wherever it is located. This lawsuit against the Poarch Band is one of those tools.”

http://www.pnj.com/viewart/20130219/NEWS/130219006/AG-files-lawsuit-shut-down-Indian-casinos

Ex-Lobbyist Linked To Ala. Gambling Corruption Attacked In Prison

Lawyers: Ex-Lobbyist Linked To Ala. Gambling Corruption Attacked In Prison

 

File photo of a jail cell. (credit: SONNY TUMBELAKA/AFP/Getty Images)

December 7, 2012

 

BIRMINGHAM, Ala. (AP) — Lawyers for a former lobbyist convicted for his role in Alabama’s gambling corruption case say he’s been attacked while serving his sentence behind bars.

Attorneys for former Country Crossing casino lobbyist Jarrod Massey filed court documents requesting to see their client. WBRC-TV reports that the lawyers don’t know his medical condition.

The Dothan Eagle reports that Massey was attacked at the Maxwell Federal Prison Camp in Montgomery and has been moved to another facility.

His lawyers say in court papers that they’ve attempted to contact the Bureau of Prisons to assess their client’s medical condition, but those efforts have been unsuccessful.

Massey is serving a sentence of five years and five months in prison after a massive investigation into public corruption associated with gambling in Alabama.


http://atlanta.cbslocal.com/2012/12/07/lawyers-ex-lobbyist-linked-to-ala-gambling-corruption-attacked-in-prison/

How come Gambling = Corruption?

Ford files ethics complaint against attorney general

By: Donathan Prater | Opelika-Auburn News
Published: November 06, 2012 Updated: November 06, 2012 - 6:07 PM

Credit: Cliff Williams Opelika-Auburn News

Tuskegee Mayor Johnny Ford

Hours after being officially sworn to his eighth term as Tuskeagee’s mayor on Monday, Johnny Ford filed an ethics complaint with the U.S. Attorney’s Office against Alabama Attorney Gen. Luther Strange, alleging that Strange has received more than $100,000 in illegal campaign contributions from Porch Creek Indian casinos in Montgomery and Wetumpka.

 

“Now that he is attorney general, he has used his office to try and intimidate, discourage … Victoryland from reopening,” Ford said Tuesday, asking the U.S. Attorney George L. Beck to empanel a grand jury to investigate the matter.

 

Located in Shorter, only a few miles from Tuskegee, VictoryLand casino was closed in 2010 along with Dothan’s Country Crossing after the legality of electronic bingo machines at the facilities was challenged.

 

Ford said his latest complaint against Strange is actually the second he has filed since filing an initial complaint against him with the Alabama State Ethics Commission two weeks ago.

 

Contacted by the Opelika-Auburn News on Tuesday, Joy Patterson, a spokeswoman for Strange, said Strange had not seen Ford’s letter and had no comment.

 

Ford said the type of electronic bingo machines that VictoryLand uses are in compliance with the state’s laws.

 

“No court has voted that those machines are illegal,” Ford said. “The only person who has said they were was (former Gov.) Bob Riley and his task force. Ford said he also has proof of Strange sending letters to providers of such machines, threatening that if they made them available to VictoryLand and other non-Indian gaming facilities in the state, that they would be penalized. Riley, his son, Rob, Birmingham attorney Eric Johnston and state Sen. Bryan Taylor are also named in Ford’s complaint.

Ford, who said he plans to meet with Beck after he’s had a chance to review the letter, predicted VictoryLand will reopen by the end of the year.

 

http://www2.oanow.com/news/2012/nov/06/ford-files-ethics-complaint-against-attorney-gener-ar-4909679/

Lobbyist sentenced to probation in Vote Buying Scandal

Lobbyist Jennifer Pouncy gets 3 years probation in gambling corruption case

She was the last of 3 to be sentenced in bribery case

Sep. 27, 2012

Judge sentences casino lobbyist: A federal judge sentenced former casino lobbyist Jennifer Pouncy on Wednesday. Her attorney discusses the sentence and her role.

Written by Sebastian Kitchen

Jennifer Pouncy walks from the Federal Courthouse in Montgomery, Ala. on Wednesday September 26, 2012 with her attorney Tommy Spina after Pouncy was given probation for her part in the gambling corruption trial. (Montgomery Advertiser, Mickey Welsh) / Mickey Welsh/Advertiser

A federal judge sentenced Jennifer Pouncy, the last of three people who pleaded guilty to bribing state lawmakers to pass gambling legislation, to a much lighter sentence than those who worked alongside her.

Chief Judge Keith Watkins sentenced the former casino lobbyist Wednesday to three years probation.

The Montgomery woman, who was the first target in the investigation to cooperate and to plead guilty, could have served as much as five years in prison after pleading guilty to one count of conspiracy. Prosecutors requested a sentence of two years in prison.

Pouncy, 36, admitted offering one state senator $2 million in exchange for his vote on pro-gambling legislation and to working with a casino developer to authorize $100,000 for another state senator in exchange for his vote.

Watkins said her actions undermined government and people’s confidence in government in this state, and he was not minimizing the seriousness of her crimes, but he said she has suffered humiliation, lost earnings, was the first to cooperate with federal investigators, and provided substantial assistance that helped lead to the guilty pleas of two other defendants, lobbyist Jarrod Massey and Country Crossing developer Ronnie Gilley.

Pouncy declined comment as she left the federal courthouse Wednesday.

Pouncy, who briefly addressed the judge in the courtroom, fought back tears as she said she was sorry for her crimes and knew they were wrong when she did them. She apologized to her husband, who was in the courtroom, and her 3-year-old son for putting them through the situation.

“I wish I was stronger,” said Pouncy, who said she wishes she had initially just told people no.

Pouncy’s defense attorney, Tommy Spina, said Pouncy was not a ring leader in the conspiracy and acted on the orders of others.

“She was just a puppet and an attractive young lady they used,” he said to the judge.

Spina said she was the mother of a young son in a double-earner family where she was the “bread winner” and was trying to keep a $60,000-a-year job. She currently works for an agency that deals with veterinary products, he added.

(Page 2 of 4)

The attorney also said that other than those 30 days in 2010 she had lived an exemplary life.

Spina said they were relieved she received probation, said that chapter of her life was over, and said “she’ll just go back to work being a mother and the hard-working person that she always was before this and has been since this.”

Pouncy has not been asked for assistance in any other investigations, Spina said.

Attorneys said during sentencing for Massey and Gilley that they had cooperated with a state investigation.

Watkins said there was no benefit to society in sending Pouncy to prison. Spina agreed.

“I don’t find she had any involvement in planning” the corrupt activities, Watkins said and added that she had a minor role in the activities. Pouncy said on the witness stand during one of the trials that she did not have the authority to approve campaign contributions.

Federal prosecutor Emily Rae Woods of the U.S. Department of Justice’s Public Integrity Section said it is clear Pouncy regrets her crimes, but the punishment must reflect the seriousness of her crimes. She said Pouncy’s actions undermined the system of government in Alabama and said she offered bribes of more than $1 million.

The judge also ordered Pouncy to pay a $4,000 fine, but did not order her to pay restitution, saying no one suffered a financial loss because of her crimes.

He also ordered her to perform 100 hours of community service.

Pouncy pleaded guilty in September 2010, days before federal agents arrested 11 other people including VictoryLand owner Milton McGregor, Gilley, Massey, other lobbyists, and four state senators for their alleged role in a conspiracy in which, according to federal authorities, casino interests offered millions in bribes to lawmakers in exchange for their votes on pro-gambling legislation.

Other than those who pleaded guilty, none of the other defendants were found guilty in the two federal corruption trials related to gambling in the state.

Massey, who was Pouncy’s boss and the chief lobbyist for Country Crossing, and Gilley were among those arrested in October 2010 and they later pleaded guilty. Pouncy testified that, as a young mother, she acted on their orders out of fear she could lose her job.

(Page 3 of 4)

Spina said that there was “not one act Jennifer committed that she initiated.”

Prosecutors credited Pouncy with being responsible for Massey pleading guilty and partially responsible for Gilley pleading guilty.

Another federal judge sentenced Massey to five years and five months in prison and Gilley to more than six and a half years in prison. Massey is serving his sentence and Gilley is scheduled to begin his early next month after his term was delayed so he could undergo surgery and recovery.

Pouncy testified that she offered then-state Sen. Jim Preuitt, R-Talladega, $2 million in exchange for his vote on the gambling legislation being considered by the Senate in the 2010 legislative session. Preuitt was a defendant in the case, but was found not guilty of all of the charges.

She also said that then-state Sen. Larry Means, D-Attalla, told her at that time that he was going through a tough re-election fight and needed $100,000.

Pouncy testified that she went to Massey, who called Gilley and told the developer they were getting a “shakedown” from Means. Gilley approved contributing the money to Means, although there was never any transfer of money to either senator. Means, also a defendant, was found not guilty of the charges against him.

Prosecutors portrayed the gambling interests as desperate as they tried to pass the gambling legislation in 2009 and 2010 to try to protect their financial future and keep their casinos open.

“She stood to gain nothing financially,” Spina said.

Pouncy, whose first job in lobbying was working for McGregor lobbyist Milo Dakin, said on the witness stand that in her 12 or 13 years of lobbying she had never talked before about votes in exchange for contributions.

Defense attorneys attacked what they said were credibility issues with Pouncy and inconsistencies in her testimony.

Pouncy testified at both of the federal corruption trials, where she was emotional at times as she underwent heavy questioning from defense attorneys during a total of seven days on the witness stand.

(Page 4 of 4)

She also had to answer questions concerning demeaning conversations about her and about Massey telling her to tell Preuitt she could lose her job if the bill did not pass. She said she never told him.

Spina said Pouncy had to endure personal attacks on her morality based on what men said behind her back while she was working. Federal agents secretly recorded phone lines used by Gilley, Massey and McGregor. The conversations about her that were played in court were between Gilley and Massey.

Massey and Pouncy testified that he placed her on administrative leave and then fired her in 2010.

Massey said she was often sick, was emotional and that he was concerned about her cooperating with authorities because of her behavior.

Woods said the trial experience was a “particularly taxing one for the government witnesses,” noting the number of defendants and countless defense attorneys. She also said, because of the media attention on the case, that the witnesses were under an unusual level of exposure.

An FBI agent and an agent with the Alabama Bureau of Investigation approached Pouncy on her way to work the day after the Senate approved the gambling legislation in 2010. She immediately went with them to an office where they began questioning her. Pouncy began cooperating in April 2010.

“She has done everything that has been asked of her,” Woods said, adding that Pouncy’s testimony was truthful, that she was respectful on the witness stand, and that she appeared remorseful and humbled by the situation.

Spina said the cooperation was timely and was provided as the investigation continued and as the grand jury was meeting to consider charges.

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http://www.montgomeryadvertiser.com/article/20120927/NEWS02/309260053/Lobbyist-Jennifer-Pouncy-gets-3-years-probation-gambling-corruption-case?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage

Alabama Vote Buying Lobbyist Seeks Probation

Alabama gambling lobbyist seeks probation
PHILLIP RAWLS, Associated Press
Monday, September 24, 2012

MONTGOMERY, Ala. (AP) — The first person to plead guilty in Alabama's gambling corruption investigation is seeking probation, but federal prosecutors are recommending two years in prison.

Former Country Crossing casino lobbyist Jennifer Pouncy is scheduled for sentencing Wednesday in Montgomery by U.S. District Judge Keith Watkins. She pleaded guilty to conspiracy in September 2010 and faces up to five years in prison. She admitted offering $2 million to one senator and $100,000 to another to support pro-gambling legislation designed to keep the Dothan casino operating.

Her attorney, Tommy Spina, recently filed court papers saying she deserves probation because of her early cooperation with investigators and her testimony at two trials. He said the U.S. Justice Department initially offered her probation for her cooperation, but then took that off the table when the department's Public Integrity Section got a new leader.

He also said nothing would be served by taking the 36-year-old woman away from her husband and young son.

Federal prosecutors filed court papers Monday saying Pouncy deserves a lighter-than-normal sentence because she helped get the guilty pleas of her lobbyist boss, Jarrod Massey, and Country Crossing developer Ronnie Gilley. But they said she deserves two years behind bars because she was motivated by greed to keep her job and retain her biggest lobbying client.

"A sentence of imprisonment will properly promote respect for the law, serving as a reminder of the seriousness with which our system of government treats threats to its integrity," Assistant Attorney General Lanny Breuer said.

Massey is serving a sentence of five years and five months in prison. Gilley begins a sentence of six years and eight months on Oct. 9.

Former Democratic Rep. Terry Spicer of Elba pleaded guilty to taking bribes from Massey and Gilley, but he was not connected to Pouncy. He is serving four years and nine months in prison.

The senators that Pouncy said she tried to bribe were acquitted at trial.


Read more: http://www.sfgate.com/news/article/Alabama-gambling-lobbyist-seeks-probation-3889311.php#ixzz27VWJzfEC

Alabama AG got $100,000 from Tribal Casino

AG Strange got $100,000 from Poarch Creek casinos

 September 5, 2012

 

By BOB MARTIN

Alabama Attorney General Luther Strange says that the recent seizure of gambling devices from a Houston County casino should serve as a warning to others who are engaged in illegal gambling.

Strange conducted a recent raid on the facility and confiscated about 500 electronic bingo machines from Center Stage, formerly called Country Crossing, near Dothan. Strange also said anyone operating a gambling hall should be put on notice.

He has also threatened raids on VictoryLand in Macon County if it is reopened, yet has continued to permit gambling elsewhere without threats, including Greenetrack in Greene County which advertises it has “over 300 of your favorite gaming machines – The Lucky Duck , Bucks and Bucks, Wild Billy, Hotter than Hell, Robbin Some Cash, Four Leaf Cash, Big Dawgz, Crimson 7’s, Inferno 7’s and many more, to operate wide open.

Both Macon and Greene counties have solid constitutional amendments which in the opinion of most legal experts permit all types of bingo games, including those played on electronic machines. Another bingo casino has been operating in Lowndes County for several months under a constitutional amendment that some consider questionable with regard to electronic games.

Some have suggested that Strange, in going after the non-Indian gambling houses in Alabama, is attempting to give the Poarch Creek Indian gambling operation the ability to further monopolize gaming in Alabama. Indeed, the Poarch Creek tribe laundered $100,000 to the Strange Campaign for Attorney General in 2010.

The money trail for the $100,000 amount went from the Poarch Leadership Committee to the Republican Leadership Committee on July 15, 2010; from the Republican Leadership Committee to the Alabama Republican Party on July 22, 2010, then from the Alabama Republican Party to the Luther Strange Campaign on August 4, 2010.

Sources tell me that in order to seize control of the gambling issue in Alabama from Gov. Bentley, Strange has covered up his connections with the Poarch Creeks, even to the extent of pretending to question their use of electronic bingo at tribal casinos in Atmore, Montgomery and Wetumpka. His “pretend” question, challenging the use of those “slot-machine look-alikes” was shot down by the

Indian Gaming Regulatory Commission with these words: “If a state permits paper bingo, a tribe within that state may have electronic bingo.” Following this logic, if the Poarch tribe can have those rights, certainly the rest of us would be so entitled.

So Strange, with a “wink and a nod” to our governor seized the issue of gambling from the governor’s control, expects such to be a continuing cash cow for political contributions, and will likely expect several more hundreds of thousand dollars from the Poarch casinos. Then he’ll try to shake down the rest of us instead of allowing those who want to gamble to help the tax burden of everybody else.

It would be interesting to see what would happen if Mr. Strange went after the real illegal gambling in our state…sports betting, which even puts slot machines in the shade. Or, perhaps he could join with the governor and force the Poarch Creeks, since they pay no taxes, into a compact like Florida’s which requires 25 percent of Indian Casino profits be paid to the state.

Bob Martin is editor and publisher of The Montgomery Independent.

Alabama: Criminalizing slot machines

Alabama's Dialing for Dollars Vote Buying Scandal serves as a warning about the corruption inherent with Gambling dollars. Criminalizing possession is a positive development.


In Sunday's Montgomery Advertiser

Prattville Senator Bryan Taylor wants to make sure that charges involving slot machines will no longer simply be a slap on the hand for the person possessing them.


He is not only filing proposed legislation to change the penalty from a misdemeanor to a felony but wants the penalty to apply to all who may be using the machines to make a profit in violation of Alabama law.


His change would make possessing, selling, transporting or manufacturing slot machines or other gambling devices that are illegal in Alabama a Class C felony, punishable by a fine of up to $15,000 and one to 10 years in prison.


The phrasing of the law would allow Alabama law enforcement to go after not only those in possession of the machines, but the companies that are manufacturing them and leasing them to Alabama businesses.


The Montgomery Advertiser's Sebastian Kitchen has the complete story in Sunday's Montgomery Advertiser.

Judge says no acquittals in Alabama gambling case

Judge says no acquittals in Alabama gambling case
Associated Press

MONTGOMERY — A federal judge has refused to acquit the seven defendants in Alabama’s gambling corruption case, including former State Sen. Larry Means, D-Attalla.

U.S. District Judge Myron Thompson on Tuesday issued an order denying the seven defendants’ requests for acquittals. The defendants’ lawyers had contended there was a lack of evidence against their clients. The judge gave no explanation for his decision. It clears the way for the seven to be retried in Montgomery starting Jan. 30.

A jury could not resolve all the charges against the seven when their first trial ended in August. The seven are casino owner Milton McGregor, casino lobbyist Tom Coker, Sen. Harri Anne Smith, former Sens. Means and Jim Preuitt, casino spokesman Jay Walker and former legislative employee Ray Crosby.

Gambling corruption trial captivated state in 2011

Gambling corruption trial captivated state in 2011
By: Lance Griffin Dothan Eagle


The gambling corruption trial held in Montgomery in the summer of 2011 had all of the ingredients of a John Grisham legal thriller.

» Legislators accused of agreeing to accept bribes

» Casino owners charged with concocting a scheme to buy the state Legislature

» Former defendants on the witness stand jousting with high-priced defense attorneys

» Occasional jaw-droppers delivered on the witness stand

» An ending that made national headlines

What had originally been 11 defendants were whittled to nine when the trial began in U.S. District Court in June. Two defendants had pleaded guilty and agreed to testify against many of the nine remaining.

Charges ranged from bribery to aiding and abetting to lying to investigators to money laundering. Prosecutors claimed all were involved in a conspiracy designed to ensure the passage of pro-gambling legislation. Prosecutors said a crackdown on gambling establishments had made the owners desperate to make sure their investments were secure, and sought to craft legislation to end the debate over whether electronic bingo machines were legal or simply slot machines in a thin disguise. Then, prosecutors said they set out to buy enough votes to make sure the legislation passed, and found legislators willing to sell their votes.

The defense, however, claimed the only guilty people in the alleged conspiracy had already admitted to their crimes. Former Country Crossing developer Ronnie Gilley and his chief lobbyist, Jarrod Massey, had already pleaded. Defense attorneys claimed the two were willing to make up stories against their clients in exchange for a reduced sentence.

The motives of legislators who wore recording devices in an attempt to preserve any evidence were questioned by defense attorneys who claimed the legislators were politically motivated. The racial motivation of some witnesses was also challenged.

The trial lasted three months, almost all of it involving the prosecution’s case. 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 an attempt to establish a conspiracy.

The defense called only one witness before resting the case and none of the defendants took the stand. The jury deliberated for more than a week. On Aug. 11, it reached a not-guilty consensus on many of the charges, but failed to come to a consensus on others.

Two defendants, lobbyist Robert Geddie and Sen. Quinton Ross, D-Montgomery, were cleared of all charges. Seven defendants, however, are set for retrial on the remaining charges beginning Jan. 30. They are Sen. Harri Anne Smith, I-Slocomb; VictoryLand owner Milton McGregor, former Country Crossing spokesperson Jay Walker, lobbyist Tom Coker, former Sens. Jim Preuitt and Larry Means and legislative analyst Ray Crosby.

Much of the same evidence introduced in the first trial is expected to be introduced again in the second trial. However, one new wrinkle is the possible testimony of former Gov. Bob Riley. Defendants attempted to subpoena Riley to testify in the first trial, but a judge quashed the subpoena. Recently, however, a federal judge granted the subpoena request based on new evidence. Riley’s attorneys are expected to continue to challenge the subpoena.

Alabama: No separate gambling trials

Judge to prosecution: No separate gambling trials
By PHILLIP RAWLS
Associated Press

MONTGOMERY, Ala. (AP) - A federal judge has rejected a request by federal prosecutors to have separate trials for the seven remaining defendants in Alabama's gambling corruption case.

Federal prosecutors wanted to divide the seven into three groups for retrials. But U.S. District Judge Myron Thompson said Friday that looks like cherry picking defendants to try to enhance the government's chances of a conviction. He also said it's the opposite of what the government wanted in the original trial.

The original trial ended in August with two defendants acquitted and the jury unable to decide all charges against the other seven. The judge's ruling means the seven remaining defendants will have their retrial together starting Jan. 30 in Montgomery.

The seven include casino owner Milton McGregor and three present and former state senators.

Gambling corruption trial: Former Gov. pushed to testify

This sounds like the future of Massachusetts --

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.

(Page 2 of 3)

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.

(Page 3 of 3)

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.

Gambling corruption trial continues to have impact

Gambling corruption trial continues to have impact
Sebastian Kitchen

In a hectic week in Ala­ bama politics, the inves­ tigation into corruption at the Alabama State House claimed two more people, one of whom was supposed to be a star wit­ness.

Former state Rep. Terry Spicer was never accused of being a party to trying to take bribes to vote for gambling legislation, as some current and former state senators were in the corruption case, but two people who have pleaded guilty in the case rolled on Spicer and shared testimo­ny about him taking cash, a ski trip and other bribes in exchange for his help.

Former Country Cross­ing developer Ronnie Gilley and his former lob­byist, Jarrod Massey, rolled on Spicer once they began cooperating with the FBI.

Some people have been curious if Spicer, with them believing he was be­ing let off easy, was going to turn on other people. But his attorney said, aside from the gambling corrup­tion trial, that he did not expect his client to testify in any other trials. Some people are shocked, after Spicer's admissions of tak­ing about $100,000 in brib­es over the better part of a decade, that prosecutors allowed him to plead to just one count.

But, in his case, prose­cutors would have had to rely on the testimony of Gilley and Massey, which did not appear to be overly effective in the gambling corruption trial of Victory­Land owner Milton McGre­gor and eight other defen­dants. There were no convictions following that 10-week trial.

While state Sen. Scott Beason was a witness for the prosecution in that cor­ruption trial and wore a wire to record conversa­tions for the FBI, defense attorneys roughed him up while he was on the stand with them claiming he was politically and racially mo­tivated. The judge who presided over the case agreed.

Beason, who at the time was chairman of the pow­erful committee that de­termines which bills come to the Senate floor for de­bate, recorded many more conversations than he needed to and somehow managed, when taping himself and fellow Repub­licans, to refer to support­ers of a west Alabama casi­no and dog track as "Aborigines."

He apologized after the trial and the Republican leadership in the Senate left Beason in his key post, arguably one of the most powerful in the Legisla­ture.

But, last week, the lead­ership voted during a con­ference call to remove Beason from the post, which surprised some peo­ple since the lawmakers had previously left him in power despite pleas for him to be removed.

While the Republicans have a large majority in the Senate, their superma­jority, which has allowed them to run over Demo­crats and push through their agenda, is not as large and an agitated Bea­son and an ally or two could cause some problems for the GOP.

One of Beason's key leg­islative accomplishments, the state's tough law to fight illegal immigration, could have had a better week, also. Opponents of the law have claimed it could hurt economic devel­opment in the state and de­ter some large internation­al corporations from selecting Alabama to ex­pand their business, de­priving the state of much-needed jobs here. They questioned what would happen when an executive for Mercedes-Benz, Hyun­dai or ThyssenKrupp -- or one of their spouses -- was picked up for somehow vi­olating the law.

Republican leadership, including House Speaker Mike Hubbard and Senate President Pro Tem Del Marsh, shot down that ar­gument Wednesday and said they had seen no evi­dence of the law hurting economic development.

Well, that likely changed that same day, when Tus­caloosa police arrested a German executive with Mercedes-Benz for not having proper identifica­tion, according to The As­sociated Press. The police chief there said the execu­tive would not have been arrested without the law.

With a colleague retriev­ing his passport, visa and other documents from his hotel, police released the executive.

While his stay was not long, executives with other companies cannot look fa­vorably at the arrest or the thought of having one of their executives arrested while here on business.

Many Republicans have not been moved by repeat­ed protests and have said they will refuse to make any changes to the law even with opposition from farmers, some business groups, some religious leaders and from the state's Hispanic popula­tion. But this arrest, espe­cially so soon after the law went into effect, could help change some minds be­cause of the potential for the arrest to hurt the per­ception of the state in the eyes of the business world.

That executive was like­ly not a threat to national security and was not tak­ing a job from an Alabami­an. His company instead has created thousands of good-paying jobs in the state.

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.

(Page 2 of 3)

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.

(Page 3 of 3)
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.

Alabama: 4th Person Enters Guilty Plea

Former Alabama Rep. Terry Spicer to become 4th gambling guilty plea
PHILLIP RAWLS Associated Press

MONTGOMERY, Ala. — Former state Rep. Terry Spicer of Elba is due in federal court on Tuesday to become the fourth person to plead guilty in Alabama's gambling corruption investigation.

Court papers show U.S. Magistrate Judge Wallace Capel Jr. has scheduled a 9:30 a.m. hearing in Montgomery for Spicer to enter a plea to a single charge of bribery involving thousands of dollars in cash, campaign contributions and gifts.

Spicer was charged after two of the three people who have pleaded guilty in the case, casino developer Ronnie Gilley and casino lobbyist Jarrod Massey, testified in federal court about paying money to the ex-lawmaker when he was in the Legislature. Federal prosecutors charged Spicer through an information rather than indictment, which is the usual way a plea agreement is handled.

Justice Department spokeswoman Laura Sweeney said Monday the agency would comment after the hearing. Spicer and his attorney did not return phone calls seeking comment Monday.

Massey, who is awaiting sentencing, said Monday, "Our prayers go out to him and his family. We know what they are going to be dealing with."

Spicer, a 46-year-old Democrat, served in the Legislature from 1998 to 2010, when he was defeated. He was hired as Elba's superintendent in 2009 and has an annual salary of $106,941.

Massey, who is awaiting sentencing, said Monday that his prayers go out to Spicer because he knows what Spicer and his family are going through.
Gilley testified in federal court this summer that he gave Spicer $20,000 in campaign contributions for supporting pro-gambling legislation designed to help Country Crossing's electronic bingo casino open in Dothan. He also talked about providing tickets to his Bama Jam music festival in Enterprise.

Massey represented many clients at the Legislature, including Country Crossing. He testified that Spicer was a friend who used his legislative position to help Massey line up Lobbying clients. He said he made monthly payments to Spicer for a seven-year period ending in 2009. He said the payments started small but quickly escalated to $3,000 per month. He also testified that he provided $9,000 to Spicer in 2009 for a boat.

He testified the payments ended after Spicer, who worked for a community college during most of his legislative tenure, was questioned by federal authorities in 2009 as part of their investigation into corruption in Alabama's two-year college system. That investigation resulted in three legislators being convicted or pleading guilty.

The bribery charge against Spicer involves only his last term in the Legislature from 2006 to 2010 and does not relate to his superintendent's job, according to court documents.

Phone calls Monday to three members of the Elba Board of Education about Spicer's job status were not returned. The executive director of the Alabama Association of School Boards, Sally Howell, has said state law doesn't allow a city superintendent to remain in office after pleading guilty to a felony.

In addition to Gilley and Massey, the other person who has pleaded guilty in the gambling investigation is Country Crossing lobbyist Jennifer Pouncy.

Pouncy, Gilley and Massey testified at a federal court trial this summer where the jury acquitted two people indicted in the gambling corruption case and couldn't resolve the charges against seven others. The seven, including VictoryLand casino owner Milton McGregor and three present and former state senators, are scheduled for retrial starting Jan. 30 in Montgomery.





Prosecutors list hundreds of possible exhibits for Alabama gambling retrial
THE ASSOCIATED PRESS

Montgomery, Ala. — Prosecutors in Alabama's gambling corruption case have submitted a list of several hundred possible exhibits they may present at the retrial in January.

The list includes everything from financial records of some defendants to photos of upscale restaurants where talks about gambling legislation were held.

Prosecutors with the U.S. Justice Department submitted the 14-page list Monday as part of their preparation for the retrial of the seven defendants starting Jan. 30 in Montgomery. Many of the items were included in the first trial this summer, such as bank and phone records. But some items on the list weren't presented in the first trial, such as a photo of a fur coat.

Most of the defendants are accused of trading campaign contributions for votes on pro-gambling legislation.

Alabama: Tip of the iceberg

Republican witnesses, who taped conversations in the Vote Buying/Corruption Trial sadly revealed that they were not so much concerned about Corruption or firm in their opposition to Predatory Gambling with its negative effects, but rather more concerned about surpressing the Black Vote.

A pathetic commentary!

This letter to the editor says it all:

Tip of the iceberg

U.S. District Judge Myron Thompson’s 44-page written opinion on the gambling corruption trial left me puzzled on some issues. One thing he made perfectly clear was his credible opinion of Sen. Scott Beason and former Rep. Benjamin Lewis and at what lengths they and other members of the Republican Party would go to assure white Republicans were elected to the Legislature.

Judge Thompson, thank you for your honest and unbiased statements regarding these unsavory individuals. Sad to say, but they are just the tip of the Republican iceberg.

Billy Ferguson
Montgomery

Alabama: Bringing in big guns for gambling retrial?

OUR VIEW: Bringing in big guns for gambling retrial?

If the gambling corruption case that in August produced a devastating defeat (a whole bunch of acquittals and deadlocks) for the federal government goes back to court as scheduled Jan. 30, it will be without two members of the prosecution team.

Court records revealed Wednesday show that Louis Franklin and Stephen Feaga, both assistant U.S. attorneys for Alabama’s Middle District based in Montgomery, won’t be on the prosecution team for the retrial of seven of the original nine defendants, including former state Sen. Larry Means, D-Attalla. (Two others were found not guilty on all charges in the first trial.)

Both prosecutors were heavily involved in the first trial; Feaga delivered the government’s closing statement.

Justice Department officials talked of scheduling issues for federal prosecutors, especially when there’s the prospect of a long trial. U.S. Attorney George Beck talked about how he’d be glad to have Franklin and Feaga back to deal with his office’s caseload.

Maybe so, but one fact makes us a bit skeptical: The entire prosecution team for the retrial will be from Washington.

Could it be that the Justice Department, which loves to brag about its conviction and guilty plea rates and usually doesn’t bring a case unless it looks like a sure winner, didn’t like the yolk and albumen bath it got in August? Could it be that even though the first trial’s results can’t be pinned on the two Alabama prosecutors, the feds are so intent on preventing a repeat that they are bringing in the big guns from D.C.?

The biggest question — will changing faces be enough to sway an Alabama jury if the evidence and the case aren’t any stronger?

Alabama: Judge refuses to block retrial of Alabama gambling corruption case

Judge refuses to block retrial of Alabama gambling corruption case
THE ASSOCIATED PRESS

MONTGOMERY, Ala. — The judge in Alabama's gambling corruption case has refused a request from the defendants to block a retrial scheduled for Jan. 30.

Casino owner Milton McGregor and five other defendants argued that retrying them after a hung jury in August amounted to double jeopardy. U.S. District Judge Myron Thompson disagreed in an order Friday.

The defendants also argued that most of the remaining charges against them should be thrown out because the jury in the original trial acquitted them on all extortion charges and on most honest services fraud charges. The judge declined because he said it's not clear what facts the jury used as the basis for its acquittals on the extortion charges.

The defendants are accused of using campaign donations to buy state senators' votes for pro-gambling legislation.

Alabama: Opposing Gambling For the Wrong Reasons

In a truly pathetic display, the Vote Buying Corruption Trial in Alabama turned into attempts to suppress black voter turnouts.

Sadly, the demographics indicate that the poor and the less educated are among those adversely affected by widespread gambling in this regressive fiscal policy that lines the pockets of the already wealthy under the guise of 'entertainment.'

Greenetrack says their legal battles mirror civil rights battles
By JoBeth Davis

GREENE COUNTY, AL (WSFA) - In a letter addressed to Governor Bentley, the current Greenetrack President used statements made by the gambling corruption trial judge about Sen. Scott Beason and District Judge Ben Lewis to compare Greenetrack's legal battles to fights against segregation and racism.

On Thursday, U.S. District Court Judge Myron Thompson issued an opinion relating to the use of Sen. Beason and former representative Lewis as witnesses in the gambling corruption trial. Thompson wrote Beason and Lewis had, "ulterior motives rooted in naked political ambition and pure racial bias."

In a letter to Governor Bentley, Greenetrack President Luther Winn. Jr. cited Thompson's statement and said they had seen such bias firsthand relating to the raid of Greenetrack.

The letter starts off, "It is a terrible irony that in the same week we will have honored two men whose contributions to freedom and equality left an indelible mark on the history of our nation and upon our State, a federal judge reminded us that the evils they fought still persist."

Winn goes on to say that legislators used tricks such as "illegal search warrants" in a deliberate effort to deprive the citizens of Greene County of their constitutional and civil rights.

(READ FULL LETTER HERE)

"As we have said all along, our fight is not about bingo, but about the willingness of those in authority to violate the fundamental rights of the citizens of Greene County," Winn writes.

"In the past, the authorities used dogs, fire hoses, and bicycle chains to carry out their racist oppressive agenda. Today, they use more sophisticated weapons like illegal search warrants, altered documents, false testimony, and corrupt 'political manipulation.'"

The letter ends by stating that racism and inequality still "infect our state" and admonishes, "Governor Bentley, the people of Greene County now ask, where do you stand?"

In response to the letter, Governor Bentley issued this statement:

"I assigned Attorney General Luther Strange the primary responsibility for ensuring that Alabama's gambling laws are enforced statewide. I fully support General Strange in his efforts to enforce the laws of Alabama, including laws against illegal gambling. The Courts should decide if gambling operations and machines are legal, and the decision should be applied equally across the board."

Former state legislator Spicer pleads guilty to bribery

Former state legislator Spicer pleads guilty to bribery
Written by Sebastian Kitchen


Former state Rep. Terry Spicer of Elba has agreed to plead guilty to one count of bribery after being accused of accepting cash, campaign services, tickets to entertainment and sports events, and a ski vacation in exchange for taking action as a state lawmaker.

A federal judge has set a plea hearing for Nov. 15.

Spicer has worked out a deal to plead guilty to having corrupt dealings with Country Crossing de- veloper Ronnie Gilley.

The developer said during a recent government corruption case that he gave Spicer a box of cash, and a Gilley lobbyist, Jarrod Massey, said he paid Spicer monthly amounts for years to help him obtain clients. Massey said Spicer also used his official position to help his clients.

Also, Massey said he helped Spicer purchase a boat and paid for his family to go skiing.

Massey and Gilley, who have both pleaded guilty in the federal corruption case tied to gambling legislation, made those comments during the corruption trial that ended in August.

Spicer, from 2004 to 2010 while a member of the Alabama House of Representatives, "did corruptly solicit, demand, accept, and agree to accept something of value intending to be influenced and rewarded in connection with the business, transaction, and series of transactions of such state government," according to a court document.

" ... The defendant agreed to accept cash, campaign services, and a ski vacation from Massey, in return for the use of the defendant's official position and influence with companies and organizations receiving state funding to obtain clients for Massey."

Spicer also, according to the court document, "agreed to accept campaign contributions and entertainment/concert tickets from Gilley, in return for the defendant's official assistance in favor of Gilley's business projects and interests."

"He came to my office and picked up a box of cash," Gilley said in court.
When asked by a prosecutor, Gilley said he reported it to the FBI.

Gilley, who said he hired Massey at the recommendation of Spicer, said Spicer had threatened to hurt the Country Crossing project in the Alabama House of Representatives if he wasn't paid $50,000.

Spicer, a Democrat, lost to Republican Barry Moore of Enterprise in the November election.

As of Sept. 15, according to an article in The Elba Clipper, Spicer remained superintendent of Elba City Schools, a job he took while he was in the Legislature.
Aubrey Williams, president of the school board, could not be reached Friday for comment on Spicer's employment status with the board.

Spicer did not return a message left on his home phone number Friday afternoon. Spicer told the Associated Press he did not have any comment.

David Belser, Spicer's defense attorney, did not return a message left Friday afternoon at his Montgomery law office.

Massey, who pleaded guilty to bribery charges and testified for the government, said in court that he helped Spicer purchase a $9,000 boat and gave him concert and football tickets.

Massey had earlier testified he paid Spicer up to $3,000 a month for referring potential clients to him.

Massey, who pleaded guilty for his role in the corruption case for activities unrelated to Spicer, previously said he paid Spicer about $3,000 a month in addition to "other things of value I gave to Mr. Spicer at that period of time."

"I compensated Mr. Spicer for his assistance in getting me contracts," Massey said in court.

He said the former Democratic legislator used political and personal connections to help him with contracts, including ones with the Elba Development Corp. and companies seeking to locate in the area.

Massey said Spicer also helped him successfully lobby for some other clients, including Auburn Montgomery.

Massey said the money was not for campaign contributions.

"I put no conditions on the money I gave Mr. Spicer," he said.

When asked by a defense attorney whether he filed a 1099 tax form for his payments to Spicer and whether they were trying to hide the payments, Massey responded, "sir, I bribed the man. I committed a crime. I was trying to hide it."

Massey said in court that he started paying Spicer in 2001 or 2002. He said he stopped paying Spicer in about 2008, about the time of the federal investigation into the two-year college system.

Massey said Spicer was a "very good friend of mine" and that he read a scripture at Massey's wedding.

Massey indicated he talked to the FBI about Spicer a "great deal."

Massey and Gilley testified in the case accusing VictoryLand owner Milton McGregor and eight others, including four state senators, with corruption for their alleged role in a scheme in which casino owners and their lobbyists tried to bribe legislators to support gambling legislation. Spicer was not a defendant.

Attorneys and witnesses repeatedly mentioned Spicer during the corruption case although he was never alleged to have participated in the corruption related to gambling legislation.