Montgomery (WIAT) - The retrial of Milton McGregor, State Senator Harri Anne Smith, former State Senators Jim Preuitt and Larry Means, lobbyist Tom Coker and former casino employee Jay Walker began this morning in Montgomery at the Federal Building.
Judge Thompson first cautioned the jury to keep an open mind, stay off of social media, and suspend their southern hospitality. The instructions are similar in all Federal cases.
Below are paraphrased accounts of the prosecution and defense opening statements.
Prosecution Notes
Prosecutors opened the trial by saying that Milton McGregor corrupted the legislature to get what he wanted. He offered bribes to get what was best for him. McGregor made $40 million in a single year until the state cracked down on electronic bingo. Then, he lost $4 million. He didn't want to gamble on legislation, so he cheated with bribery and corruption. He saw legislation as his only hope, so he was desperate. He paid Ray Crosby tens of thousands to stay loyal. He payed lobbyist Tom Coker. Through Ronald Gilley, he paid Jay Walker to secure votes. He offered Harri Anne Smith country music star appearances and over $300,000. He offered Larry Means large sums of money for his vote. It is not a case about whether gambling is right or wrong, it's about the corrupt way a law was pushed.
The prosecution closed by saying that there a lot of successful businessmen who are not corrupt, but Mr. McGregor is not one of them.
McGregor Defense Notes
The defense opened by describing Milton MacGregor's life. He served two tours of duty, worked at Fort Rucker for 14 years. MacGregor and 20 others started Victoryland in the 1980s. MacGregor's business was operating without issue until Governor Bob Riley began raiding illegally. The government wants a conviction on circumstantial evidence.
The defense then explained the law in question- "SB 380" only defined e-bingo. It set up a commission and 25% tax on profits to go to the county and education. The word "bribe" is not on the calls because he did not offer one. MacGregor was part of an alliance for education, and it was a lawful alliance. The defense then began attacking the government's evidence. The tapes the jury will hear are incomplete, and missing large chunks. The central figures of the government's tapes are Scott Beason and Ben Lewis. Beason is a political opportunist. Ronald Gilley and Jerold Massey were doing the bribing, not MacGregor. MacGregor's payments to Ray Crosby were reported to the IRS- why would you report a bribe to the government? Don't judge MacGregor because he is wealthy. He worked hard his whole life.
MacGregor's defense ended by saying he acted in good faith, and followed the rules and did not cross the line.
Coker Defense Notes
Coker's defense says these crimes did not happen. There is not a single, nothing, no phrase that is improper on recorded conversation. Tom Coker has never asked anyone to do anything illegal. Many people have said this under oath. The "bad eggs" are the people the government cut deals with. Coker's attorney discusses his upbringing, says he is an honorable man, and concludes by saying there is no basis for the charges.
Means Defense Notes
Larry Means' attorney Bill Clark asks, "where is the crime?". Campaign contributions are perfectly legal in Alabama. Mans wanted to serve the community. Clark concludes by saying that Means wants his good name back.
Preuitt Defense Notes
Ron Wise, attorney for Jim Preuitt says that the witness' stories have changed. His client was known to be pro-gambling. "Nobody bought Jim Preuitt."
Smith Defense Notes
The attorney for State Senator Harri Anne Smith, William White, reminds the jury that his client is not a gambler, but thinks people should have the right to vote on it. She removed herself from the GOP leadership in Alabama. She changed her vote before she ever met Ron Gilley, who supposedly bought her vote. She was for the bill because it would help Houston County. Others in the county supported it- Mayor of Dothan.
Walker Defense Notes
Walker's attorney Susan James explains that Jay Walker was not in Gilley's inner circle. Gilley questioned why Walker was being arrested- and Gilley is one of the government's witnesses.
The jury has been excused and the first witness will be called at 9am tomorrow morning.
