Wednesday, July 27, 2011

Crosby upbeat as judge ponders dismissing charges

Associated Press
MONTGOMERY, Ala. (AP) — U.S. District Judge Myron Thompson spent more than eight hours Wednesday hearing arguments about why he should throw out charges against Macon County casino owner Milton McGregor and eight other defendants in a gambling corruption trial.
The judge said he would rule on the motions to dismiss at 8 a.m. Thursday, an hour before defense attorneys are scheduled to begin presenting their cases. Thompson hinted he might throw out some of the charges in the 39-count indictment.
Prosecutor Eric Olshan urged Thompson to not drop charges against any of the defendants. He said evidence presented so far has shown that all the defendants worked together in a conspiracy to pass a bill to legalize electronic bingo games in Alabama.
For several years, gambling operators profited from electronic bingo machines until the previous governor's task force labeled them illegal slots and began closing all casinos in early 2010. Most of the state's bingo operations were eventually shut down even though gambling operators had pushed for a constitutional amendment to protect their halls and allow more to open.
"Their goal was to pass this legislation through bribery. There was an illicit, concealed effort to pass this legislation," Olshan said.
But defense attorneys told Thompson repeatedly that their clients did not accept or give bribes to get the legislation passed. McGregor attorney Sam Heldman said many of the charges are based on FBI recorded conversations where the defendants were discussing the gambling legislation.
"It is not a crime to discuss money and politics," Heldman said.
Prosecutors rested their cases Tuesday.
Thompson went through the counts in the 39-count indictment line by line asking prosecutors and defense attorneys how each defendant was involved in what prosecutors say was a conspiracy to buy and sell votes on the gambling bill, that passed in the Senate in March 2010, but died in the Alabama House after the FBI revealed a widespread investigation into government corruption.
After the prosecution rested, Thompson said he particularly wanted to know more about what part one of the defendants, indicted former legislative employee Ray Crosby played in the conspiracy. Crosby worked for the Legislative Reference Service and helped write the gambling bill.
Evidence showed that McGregor paid Crosby about $72,000 in the months leading up to the vote on the bill, but his attorneys argued he was not part of any conspiracy to influence legislators' votes.
Crosby was confident as he walked into the federal courthouse Wednesday and said it was going to be "a Crosby day."
Prosecutors have based much of their case on wiretaps of defendants' phones and recordings made with hidden devices worn by cooperating legislators.
The prosecutors have contended that casino owners attempted to buy votes to pass an amendment to legalize electronic bingo at McGregor's Victoryland in Macon County and Ronnie Gilley's Country Crossing among other locations. At the same time, then-Gov. Bob Riley was using an antigambling task force to shut down gambling halls.
Gilley was originally charged in the case, but pleaded \ and testified against McGregor and the others. .

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