VictoryLand owner Milton McGregor arrives with his attorneys for the first day for the gambling corruption trial at the Frank M. Johnson Jr. Federal Building and U.S. Courthouse in downtown Montgomery on Monday
A host of current and former state legislators are also on the list of people who could testify in a federal trial against VictoryLand owner Milton McGregor, two current state senators, two former state senators, two prominent lobbyists, and two others. They are accused of conspiring to buy and sell support for pro-gambling legislation.
The trial started with jury selection Monday at the Frank M. Johnson Jr. Federal Building and U.S. Courthouse downtown.
The other defendants include current state Sens. Quinton Ross, D-Montgomery, and Harri Anne Smith, an independent from Slocomb; former state Sens. Larry Means, D-Attalla, and Jim Preuitt, R-Talladega; lobbyists Tom Coker and Bob Geddie; legislative analyst Ray Crosby; and Jay Walker, who was a spokesman for the Country Crossing development.
Country Crossing developer Ronnie Gilley and his lobbyist, Jarrod Massey, have already pleaded guilty and agreed to cooperate with the prosecution. Lobbyist Jennifer Pouncy, who worked for Massey, has also pleaded guilty and agreed to cooperate.
Other potential witnesses for the prosecution include Hubbert, state Sen. Scott Beason, R-Gardendale; former state Rep. Benjamin Lewis, R-Dothan; Rep. Barry Mask of Wetumpka; former Sen. Steve French of Mountain Brook; Sen. Paul Sanford of Huntsville; former Sen. Larry Dixon of Montgomery; former state Sen. Lowell Barron of Fyffe and former House Speaker Seth Hammett, D-Andalusia.
Beason, Mask and Lewis, who is now a district judge in Houston County, cooperated with the investigation and wore recording devices.
Other potential witnesses include former Georgia Gov. Sonny Perdue, House Speaker Mike Hubbard, Retirement Systems of Alabama director David Bronner, Rep. John Knight of Montgomery, former Rep. David Grimes of Montgomery, former Sen. Wendell Mitchell of Luverne, former U.S. Attorney Leura Canary, her husband Bill Canary of the Business Council of Alabama, former Lt. Gov. Steve Windom, former Tuskegee Mayor Johnny Ford, Public Service Commissioner Twinkle Andress Cavanaugh, federal agents involved in the case, and businessmen including Greg Calhoun and Jimmy Rane
A number of political consultants or lobbyists in Alabama are among those who could testify including Joe Fine, Steve Raby, Joe Perkins, John Anzalone, Paul Hamrick, Zac McCrary, David Mowery, Rick Heartsill, Greg Jones, Johnny Crawford, John Teague, Jerome Gray and Claire Austin.First Baptist Church senior pastor Jay Wolf and former Frazer Memorial United Methodist Church pastor John Ed Mathison were also on the list.
The sponsors of the legislation at the heart of the trial, bills that would allow people to vote on whether they wanted to legalize electronic gambling at certain locations in the state, are among the potential witnesses. The sponsors were Sen. Roger Bedford, D-Russellville, and Rep. Marcel Black, D-Tuscumbia.
Between the prosecution and the attorneys for the nine defendants, they listed more than 100 potential witnesses or people they could refer to during the trial. The potential jurors were asked if they knew any of the defendants or their families, the attorneys, or any of the potential witnesses.
Attorneys for McGregor are pushing for Riley to testify. Riley formed a task force to try to stop what he said were illegal slot machines at VictoryLand and Country Crossing. Riley is fighting the subpoena, according to the Associated Press.
The Alabama Senate passed the gambling legislation in March 2010. The next day, federal authorities informed legislative leaders from both parties of the investigation into potential corruption related to the legislation. The House never passed the proposal.
The government alleges that bribery and other crimes were committed in 2009 and 2010 as McGregor and Gilley and their lobbyists pushed for passage of the legislation.
At the same time, Riley's task force was ramping up its pressure and trying to shut down the casinos, which was successful either through raids or the threat of raids.
Much of the indictments and the prosecution's case are based on wiretapped conversations between the defendants.
U.S. District Judge Myron Thompson said Monday that jury selection would likely take two more days including today. The legal teams begin combing through another panel of potential jurors at 8 a.m. today.
Smith, as she walked out after the first day of trial, said she was excited the federal trial had started after eight months and that there seems to be a "great pool of people interested in fairness," which she said is all someone in her situation could ask for.Smith, who said the process is a new experience for her personally, said the deliberations were slow to start with on Monday, but that it was a good productive day.
Montgomery attorney Bobby Segall, one of several lawyers representing McGregor, asked potential jurors repeatedly about their views on gambling and its legality, about their religious and political views, about how they viewed those who have made money from gambling, and whether they knew about conservative organizations such as Eagle Forum or the Christian Coalition.
David McKnight, an attorney for Coker, asked potential jurors if they had a negative connotation of lobbyists and if they thought because someone was in that profession that they are involved in sinister activities.
McKnight asked jurors if they could keep an open mind until after prosecutors, who will present their case first, are finished and the defense lawyers are able to present their case. He said that could take weeks or months.
Other defense attorneys asked whether potential jurors had a problem with a candidate asking for and receiving campaign contributions to run for office.
Ron Wise, attorney for Preuitt, asked whether the juror pool took issue with his client owning a car dealership and whether they have had negative dealings with car dealers.
Lewis Gillis, attorney for Ross, asked the potential jurors whether they believe people expected something in return if they give a campaign contribution.
"The jurors look bright and energetic, and we look forward to presenting our case to them," Gillis said after court adjourned for the day about 6 p.m. Monday.
Segall also asked the jurors whether they would try to keep their conversations private if they believed the government was trying to intercept them.
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