Associated Press
MONTGOMERY, Ala. (AP) — A defense attorney in Alabama's government corruption trial used the prosecution's own taped evidence Friday to try to show the defendants used trickery, not bribery, to win votes for pro-gambling legislation.
He played a recording in which indicted casino owner Milton McGregor and prominent state Sen. Lowell Barron were heard making plans to trick another senator into voting for pro-gambling legislation and no bribes were involved in their plan.
"We need to figure out some kind of scheme," Barron told VictoryLand owner McGregor in a phone call intercepted by the FBI.
The phone call targeted former Sen. Jim Preuitt, R-Talladega, now on trial in federal court with McGregor, McGregor's lobbyist Tom Coker and six others on charges of buying and selling votes on pro-gambling legislation.
In the phone call from March 2010, Barron and McGregor talk about how to get Preuitt to vote for McGregor's bill to protect electronic bingo casinos. They decide they can benefit from the political enmity between Barron, who was a supporter of the bill, and Preuitt.
"Whatever I'm for, Preuitt is going to be against," Barron tells McGregor.
They develop a plan for Barron to continue supporting the bill behind the scenes, but they will persuade Preuitt that Barron is not going to vote for it. They use the pretext that Barron is angry at McGregor for being stingy in his support for the Senate Democratic Conference.
To deliver the message, McGregor would use Coker, who would not realize the scheme was phony.
"I like that, Lowell," McGregor says.
"We've got to make this thing look real," Barron says.
"I'm fixing to call Coker," McGregor says.
The FBI had to provide its recordings from wiretaps on McGregor's phone to defense attorneys for the trial. Coker's attorney, former Attorney General Bill Baxley, used the tape Friday to dispute prosecution claims that his client helped offer bribes to Preuitt for his vote.
Baxley played two other taped calls that showed McGregor called Coker and acted like the scheme was real.
McGregor tells his lobbyist to go see Preuitt and "tell him everything you know."
"Let's get Preuitt committed," McGregor says.
In another recorded call, Coker says he relayed the information to Preuitt and former Democratic Sen. Larry Means of Attalla, who's also indicted in the case, and they laughed about Barron being upset.
Preuitt, Means and Barron voted for the pro-gambling bill when the Senate approved it March 30, 2010. The FBI revealed its investigation of Statehouse corruption two days later, and the bill died without coming to a vote in the House.
Preuitt dropped his re-election bid last year after coming under investigation. Barron lost his re-election campaign in November, ending a 28-year legislative career. He was not accused of any wrongdoing by federal prosecutors.
Contacted by phone Friday, Barron confirmed what was on the FBI tapes, but he said it wouldn't be proper to comment further because prosecutors may call him as a witness in the trial.
On Tuesday, Country Crossing casino owner Ronnie Gilley, who has pleaded guilty to offering bribes, said he offered to have country music entertainers do a fundraising benefit for Preuitt in return for his vote, but Preuitt didn't accept.
An FBI agent who helped oversee the investigation was questioned Friday by Preuitt's lawyer about the McGregor tapes and thousands of others made during the investigation.
"Is there a taped conversation of Senator Preuitt asking anyone for money?" attorney Ron Wise asked.
"I don't think so," agent John McEachern replied.
Wise said the trickery against Preuitt continued when a lobbyist for Country Crossing casino, Jennifer Pouncy, told Preuitt that she would lose her job if he didn't vote for the bill. Pouncy has pleaded guilty and admitted she lied to Preuitt.
Wise said people were playing on the emotions of a 76-year-old man.
The trial will begin its fifth week Tuesday with the FBI agent back on the witness stand.
He played a recording in which indicted casino owner Milton McGregor and prominent state Sen. Lowell Barron were heard making plans to trick another senator into voting for pro-gambling legislation and no bribes were involved in their plan.
"We need to figure out some kind of scheme," Barron told VictoryLand owner McGregor in a phone call intercepted by the FBI.
The phone call targeted former Sen. Jim Preuitt, R-Talladega, now on trial in federal court with McGregor, McGregor's lobbyist Tom Coker and six others on charges of buying and selling votes on pro-gambling legislation.
In the phone call from March 2010, Barron and McGregor talk about how to get Preuitt to vote for McGregor's bill to protect electronic bingo casinos. They decide they can benefit from the political enmity between Barron, who was a supporter of the bill, and Preuitt.
"Whatever I'm for, Preuitt is going to be against," Barron tells McGregor.
They develop a plan for Barron to continue supporting the bill behind the scenes, but they will persuade Preuitt that Barron is not going to vote for it. They use the pretext that Barron is angry at McGregor for being stingy in his support for the Senate Democratic Conference.
To deliver the message, McGregor would use Coker, who would not realize the scheme was phony.
"I like that, Lowell," McGregor says.
"We've got to make this thing look real," Barron says.
"I'm fixing to call Coker," McGregor says.
The FBI had to provide its recordings from wiretaps on McGregor's phone to defense attorneys for the trial. Coker's attorney, former Attorney General Bill Baxley, used the tape Friday to dispute prosecution claims that his client helped offer bribes to Preuitt for his vote.
Baxley played two other taped calls that showed McGregor called Coker and acted like the scheme was real.
McGregor tells his lobbyist to go see Preuitt and "tell him everything you know."
"Let's get Preuitt committed," McGregor says.
In another recorded call, Coker says he relayed the information to Preuitt and former Democratic Sen. Larry Means of Attalla, who's also indicted in the case, and they laughed about Barron being upset.
Preuitt, Means and Barron voted for the pro-gambling bill when the Senate approved it March 30, 2010. The FBI revealed its investigation of Statehouse corruption two days later, and the bill died without coming to a vote in the House.
Preuitt dropped his re-election bid last year after coming under investigation. Barron lost his re-election campaign in November, ending a 28-year legislative career. He was not accused of any wrongdoing by federal prosecutors.
Contacted by phone Friday, Barron confirmed what was on the FBI tapes, but he said it wouldn't be proper to comment further because prosecutors may call him as a witness in the trial.
On Tuesday, Country Crossing casino owner Ronnie Gilley, who has pleaded guilty to offering bribes, said he offered to have country music entertainers do a fundraising benefit for Preuitt in return for his vote, but Preuitt didn't accept.
An FBI agent who helped oversee the investigation was questioned Friday by Preuitt's lawyer about the McGregor tapes and thousands of others made during the investigation.
"Is there a taped conversation of Senator Preuitt asking anyone for money?" attorney Ron Wise asked.
"I don't think so," agent John McEachern replied.
Wise said the trickery against Preuitt continued when a lobbyist for Country Crossing casino, Jennifer Pouncy, told Preuitt that she would lose her job if he didn't vote for the bill. Pouncy has pleaded guilty and admitted she lied to Preuitt.
Wise said people were playing on the emotions of a 76-year-old man.
The trial will begin its fifth week Tuesday with the FBI agent back on the witness stand.
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