MONTGOMERY, Ala. (AP)
The judge in Alabama's gambling corruption case told defense attorneys Monday that he wants to know in detail why they think their clients should be acquitted rather than go through a retrial.
All seven, including casino owner Milton McGregor, are seeking acquittal based on a lack of evidence. U.S. District Judge Myron Thompson set out a schedule that gives defense attorneys until Sept. 9 to explain "in detail how, point by point, the trial evidence is allegedly lacking." Prosecutors must respond in equal detail by Sept. 23, telling why they think the evidence is adequate, and defense attorneys get a chance to reply by Sept. 30. Then the judge will rule.
One of McGregor's attorneys, Ben Espy, said the judge's order is typical of a case where a jury couldn't reach a verdict on all charges and the judge had to declare a mistrial.
The original trial lasted two months and ended Aug. 11 with the jury acquitting Sen. Quinton Ross and lobbyist Bob Geddie on all charges. The jury found the seven remaining defendants not guilty of some charges and couldn't reach a unanimous decision on others. No one was convicted.
Thompson has set a retrial for all seven starting Jan. 9, but he is considering a request from prosecutors to split the defendants into three groups for retrials.
Prosecutors want to try McGregor and former legislative bill writer Ray Crosby first. Sen. Harri Anne Smith of Slocomb would be tried second. The third retrial would be for former Sens. Larry Means of Attalla and Jim Preuitt of Talladega, lobbyist Tom Coker, and casino spokesman Jay Walker.
The judge in Alabama's gambling corruption case told defense attorneys Monday that he wants to know in detail why they think their clients should be acquitted rather than go through a retrial.
All seven, including casino owner Milton McGregor, are seeking acquittal based on a lack of evidence. U.S. District Judge Myron Thompson set out a schedule that gives defense attorneys until Sept. 9 to explain "in detail how, point by point, the trial evidence is allegedly lacking." Prosecutors must respond in equal detail by Sept. 23, telling why they think the evidence is adequate, and defense attorneys get a chance to reply by Sept. 30. Then the judge will rule.
One of McGregor's attorneys, Ben Espy, said the judge's order is typical of a case where a jury couldn't reach a verdict on all charges and the judge had to declare a mistrial.
The original trial lasted two months and ended Aug. 11 with the jury acquitting Sen. Quinton Ross and lobbyist Bob Geddie on all charges. The jury found the seven remaining defendants not guilty of some charges and couldn't reach a unanimous decision on others. No one was convicted.
Thompson has set a retrial for all seven starting Jan. 9, but he is considering a request from prosecutors to split the defendants into three groups for retrials.
Prosecutors want to try McGregor and former legislative bill writer Ray Crosby first. Sen. Harri Anne Smith of Slocomb would be tried second. The third retrial would be for former Sens. Larry Means of Attalla and Jim Preuitt of Talladega, lobbyist Tom Coker, and casino spokesman Jay Walker.
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