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Saturday, December 10, 2011

Judge to prosecution: No separate gambling trials

MONTGOMERY, Al.
A federal judge on Friday rejected a request by federal prosecutors to have separate retrials for the seven remaining defendants in Alabama's gambling corruption case, which means all seven will be tried together next month.
Milton McGregor
Prosecutors had asked U.S. District Judge Myron Thompson to split the seven into three groups for retrial as a way to make the trials simpler, shorter and less confusing for jurors.
In an order Friday, Thompson said prosecutors argued against separate trials when the case first went to court in June, but now they are seeking them in an apparent bid to improve their chances. "The real motive behind the severance request appears to be that the government believes convictions are more likely in three separate trials," Thompson said.
The judge said there was no evidence that jurors were confused in the first trial of nine defendants. That trial ended in August with jurors returning not guilty verdicts on 91 counts and not reaching a decision on 33 other counts. Two defendants, Democratic Sen. Quinton Ross of Montgomery and gambling lobbyist Bob Geddie, were totally acquitted.
The remaining seven, including VictoryLand casino owner Milton McGregor and independent state Sen. Harri Anne Smith of Slocomb, will be retried together Jan. 30 in Montgomery.
McGregor's attorney, Joe Espy, said the judge's ruling follows the arguments that defense attorneys made against the prosecutors' request. "We believe their motive was not judicial economy or to give a quicker trial. It was to give them an advantage," he said.
Smith's attorney, William White, said the ruling was no surprise because the judge had indicated in court that he didn't like the prosecutors' request.
Federal prosecutors have a policy against commenting on the case.
The remaining defendants are accused of bribery, including swapping campaign contributions for votes on pro-gambling legislation.
Besides McGregor and Smith, the defendants are former Sens. Jim Preuitt of Talladega and Larry Means of Attalla, gambling lobbyist Tom Coker, casino spokesman Jay Walker and former legislative employee Ray Crosby.

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