Judge frees Ala. casino lobbyist from jail

Massey

MONTGOMERY, Ala. (AP) 
A casino lobbyist who volunteered to go to jail after he pleaded guilty to offering bribes to legislators was set free Wednesday so he can deal with tax issues. He will be sentenced next spring, when he likely will go back to prison.
Over the objections of prosecutors, U.S. District Judge Myron Thompson granted Jarrod Massey's request to get out of jail after more than seven months. His wife, Sharon, and sons, Jackson and Kohner, hugged him when he exited the Montgomery County Jail without the red jail uniform and shackles he wore when they saw him testify in Alabama's gambling corruption trial.
Family members had no comment, but defense attorney Joe Basgier said they had missed him terribly.
In a court hearing Wednesday, Basgier said Massey needs his freedom to deal with many financial problems, including significant tax issues with the Internal Revenue Service. He did not foresee those issues when he volunteered to go to jail, his attorney said.
Massey, the lobbyist for Country Crossing casino in Dothan, pleaded guilty in December to offering millions in bribes to legislators to support pro-gambling legislation, and he agreed to help prosecutors. Massey's plea deal provided that he wouldn't be sentenced and wouldn't have to go to jail until after he testified against others indicted in a federal investigation of Statehouse corruption. But on Jan. 19, he volunteered to go to jail early because he said he faced a significant prison sentence and wanted to get started serving it.
He spent nine days on the witness stand in Alabama's gambling corruption trial, which ended Aug. 11 without any convictions. Two defendants were acquitted on all charges. The jury found the other seven not guilty on some charges and couldn't reach a unanimous verdict on the others. The seven, including VictoryLand casino owner Milton McGregor and three present and former senators, face retrial Jan. 9, when Massey will again testify. He could be sentenced in April, assuming there are no more retrials.
Basgier said Massey didn't realize when he volunteered to go to jail that all his phone calls would be taped and those tapes would be available to the defense attorneys in the gambling trial. Defense attorneys used some of his taped calls with family and friends to challenge Massey's motives for testifying.
They cited comments where he said he hoped his cooperation would result in a sentence of less than a year rather than the maximum of 17 years he faces.
Basgier said the use of those personal calls made Massey fearful of saying anything on the jail phone. "He has difficulty speaking with his wife and children. They all know they are being recorded," he said.
The judge said he had no choice about letting Massey go after a probation officer testified he was not a flight risk or a danger to society and that he had done nothing after his guilty plea to raise safety concerns.
Prosecutor Justin Shur conceded nothing legally prevented Massey from opening the jail door, but he said it sent the wrong message.
"A defendant shouldn't be permitted to come and go as he pleases," he said.