Friday, July 22, 2011

Alabama casino lobbyist changes testimony

Associated Press
A casino lobbyist who pleaded guilty in Alabama’s gambling corruption investigation cracked under questioning by defense lawyers Thursday, saying that indicted Sen. Jim Preuitt never promised to vote for pro-gambling legislation in return for the $2 million in campaign contributions she offered him.
Country Crossing lobbyist Jennifer Pouncy also said she was also incorrect when she told the FBI that indicted Sen. Larry Means sought a $100,000 contribution in return for his vote.
Pouncy testified for the third day after U.S. District Judge Myron Thompson rejected a request by defense attorneys to throw out her testimony.
Pouncy wiped away tears and her voice trembled when she was being questioned by defense attorneys after the judge’s ruling.
"Jim Preuitt never asked you for anything, did he?" defense attorney Ron Wise asked.
"No sir," she replied.
She also testified that indicted Means asked her for a $100,000 campaign contribution one week before the Senate’s vote on the gambling bill, but he never said the campaign contribution was necessary to get his vote.
Under questioning by defense attorney Bill Clark, Pouncy admitted she told the FBI in April that Means, D-Attalla, wanted the contribution for his vote, but she testified, "That is not what he said."
Pouncy testified Tuesday that indicted Sen. Quinton Ross, D-Montgomery, was "very demanding" about getting campaign contributions even though he had long been a supporter of the bill. Defense attorney Mark Englehart asked her Thursday, "Senator Ross never told you that if he didn’t get a campaign contribution, he would vote against Senate Bill 380, did he?"
"No, he did not," she answered.
Preuitt, Means and Ross are among nine people on trial on charges accusing them of using campaign contributions to buy and sell votes for legislation designed to protect electronic bingo casinos from raids by state police.
Pouncy said gambling interests needed Preuitt’s vote to pass the bill and her boss, lobbyist Jarrod Massey, told her to offer him $2 million. She said she made the offer on March 3, after the Talladega Republican had voted against the Senate bringing up the gambling bill for debate.
Preuitt’s lawyer pointed out that when Pouncy started helping prosecutors in the case in April 2010, she told the FBI that she made the offer before Preuitt’s vote on March 3.
"I thought about it and realized I had it wrong," she testified.
Pouncy testified that three weeks after she made the offer to Preuitt, he asked her if their commitment would stand if the gambling bill passed the Senate and died in the House
Pouncy testified that she didn’t know what the commitment was because others involved with Country Crossing had also made offers to the senator for his vote. She said she checked with her boss, and he told her to tell Preuitt that the commitment stands. She said that commitment included a fundraising concert by country music stars.
She said she relayed the information to Preuitt, and he, Means and Ross voted yes when the Senate passed the bill with the minimum 21 votes on March 30, 2010.
An FBI agent and an officer from the Alabama Bureau of Investigation showed up at Pouncy’s office the next morning. She said she told them that day that she knew nothing about any bribery, but she began cooperating in April because she is a mother with a young son and wants to stay out of jail. She faces up to five years in prison but she testified she is hoping to get probation when sentenced in November.
After Pouncy entered her plea in September, Massey pleaded guilty in December and Country Crossing developer Ronnie Gilley did the same in April. Preuitt dropped his re-election bid after coming under investigation, and Means was defeated after being indicted.
During questioning by defense attorneys, Pouncy blasted Massey, who fired her after she began helping the FBI. She described him being arrogant, having a big ego, exaggerating the truth and being excluded from meetings by other lobbyists who disliked him.
"I really didn’t like him," she said.
Before Pouncy returned to the witness stand Thursday, defense attorneys asked that her testimony be excluded because they didn’t get a transcript of her September plea hearing until Thursday morning. The judge ruled the delay, caused by a magistrate’s order sealing the document, did not prejudice the defendants.
The trial will wrap up its seventh week Friday with the prosecution still presenting its side of the case.
A jury of 11 women and one man is hearing the case. The jury originally had two men, but the judge excused one man earlier this week because of a death in the family and moved a female alternate jury into his place. The change in the jury’s makeup was first reported by the Montgomery Independent on Thursday.

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