McGregor, other defendants in Alabama vote-buying case seek dismissals

MONTGOMERY, Alabama 

Milton McGregor

Lawyers for VictoryLand owner Milton McGregor and other defendants in the State House vote-buying case are asking a judge to dismiss the case, arguing there is insufficient evidence to merit a conviction.
The defense lawyers filed briefs today asking a federal judge to enter a judgment of acquittal instead of bringing the vote-buying case back to trial in January.
McGregor's lawyers disputed prosecution assertions that the VictoryLand owner was involved in confessed efforts by Country Crossing developer Ronnie Gilley to bribe a state senator for his vote with $1 million. McGregor was never present when the $1 million was discussed and only talked about political allegiances and policy with the senator, McGregor's lawyer wrote.
"Mr. McGregor's discussions of the then-pending bill was his advocacy of the merits of the bill, both as good public policy and as good politics," lawyer Ben Espy wrote in the renewed motion for an acquittal.
A lawyer for Sen. Harri Anne Smith, I-Slocomb, argued in the court filing there was no evidence that Smith switched her vote as a result of campaign contributions from Gilley.
"Smith's district had the most to gain by the passage of SB380 and arguably the most to lose by its defeat. Evidence was provided that Smith had initially been opposed to the Country Crossing project in early 2008, until polls made it clear that her constituents supported the economic development the project would bring to Smith's district," Smith lawyer Jim Parkman wrote.
Former legislative employee Ray Crosby and former senators Jim Preuitt and Larry Means also filed briefs seeking an acquittal.
McGregor and eight others were put on trial on charges of offering or accepting bribes in connection with a gambling bill before lawmakers in 2010. The bill would have held a statewide referendum aimed at letting McGregor and others offer electronic bingo machines at their casinos.
The jury acquitted two defendants and returned a series of not guilty verdicts and deadlocked decisions against the other seven defendants. U.S. District Judge Myron Thompson declared a mistrial on the deadlocked counts. The second trial is scheduled for January.
McGregor's lawyer also filed a motion seeking to dismiss the case based on the contention that double jeopardy prohibits prosecutors from trying McGregor a second time because they failed to obtain a conviction at the first trial. Espy wrote that he realizes the argument is contrary to current case law, but wanted to preserve the argument in case the law changes.