VictoryLand owner Milton McGregor gives a thumbs up as he arrives with his attorneys for the first day of the gambling corruption trial at the Federal Courthouse in Montgomery on Monday.
Prosecutors and defense attorneys whittled down 90 potential jurors by Thursday afternoon. They had 12 jurors and five alternates to decide the fate of the nine defendants charged with buying and selling support for pro-gambling legislation.
U.S. District Judge Myron Thompson is protecting the identity of the jurors. They were identified by number. The jury consists of 10 women and two men with five female alternates, according to The Associated Press.
Joe Espy, lead attorney for McGregor, said he did not know the makeup of the jury, but tried to look at the questionnaires they answered and how they answered questions from attorneys.
"I felt I had a good, impartial jury," Espy said.
Defense attorneys worked together to decide which jurors to strike or cut from the panel.
A former U.S. attorney who is not involved in the trial, Redding Pitt of Birmingham, told the Associated Press that some of the top lawyers in Alabama are participating in the trial and would have picked the jurors based on their individual interviews, not their gender.
"You can't draw a blanket conclusion based on demographics," he said.
When asked how he will portray McGregor in opening arguments, Espy said "innocent. Absolutely innocent."
The prosecution will begin opening arguments at 9 a.m. today followed by an attorney for each of the nine defendants, which could take more than six hours.
Prosecutors will have 50 minutes.
Espy will handle the opening argument for McGregor and will be the first defense attorney to address jurors because his client is listed first in the indictment.
"We feel good. We're ready. We're prepared," Espy said leaving the courthouse Thursday night.
He will have 45 minutes to present opening arguments for McGregor, followed by 40 minutes for one of lobbyist Tom Coker's attorneys, and 35 minutes for each additional defendant.
"Looks like to me it'll be a full day," Espy said.Espy said they expect the prosecution to call its first witness Monday and expect to know by 5 p.m. today who that will be.
When asked how he would portray the campaign contributions from McGregor to lawmakers, Espy said "our position is any campaign contributions were legitimate support for someone you believe in." He said those who opposed the gambling industry sent money to candidates who opposed it.
Espy said they also hope to illustrate that there was a consistent pattern to McGregor's contributions dating back to before the alleged conspiracy.
Espy said, at the conclusion of the trial, they feel very strongly McGregor will be found not guilty.
Attorneys took four days to select the jury. Much of that process was closed to the public. Three panels of potential jurors were questioned at length about a variety of issues including religion, gambling, politics and their support of groups such as the tea party, the Alabama Education Association, the Business Council of Alabama and the Christian Coalition.
Thompson and the attorneys for both sides spent most of Thursday behind closed doors questioning jurors. They emerged during the afternoon to strike the jury, deciding which panel members each side wanted to cut.
After striking the jury, Thompson said opening arguments would begin at 9 a.m. today.
The other defendants in the trial are state Sen. Quinton Ross, D-Montgomery; state Sen. Harri Anne Smith, I-Slocomb; former state Sens. Larry Means, D-Attalla, and Jim Preuitt, R-Talladega; lobbyist Bob Geddie; legislative analyst Ray Crosby; and Jay Walker, who was a spokesman for the Country Crossing development.
The defendants, who were arrested in October following their indictment along with two men who have since pleaded guilty, were alleged to conspire in 2009 and 2010 to bribe or solicit bribes to support pro-gambling legislation that would have helped McGregor and the owner of Country Crossing, Ronnie Gilley.
Casinos with electronic bingo, which then-Gov. Bob Riley believed was played on slot machines that are illegal in the state, were under increasing pressure from a task force Riley formed to shut that activity down.Gilley and his lobbyist, Jarrod Massey, have since pleaded guilty. Both men and Jennifer Pouncy, who worked for Massey and has also pleaded guilty, have agreed to cooperate with the prosecution.
Others who have agreed to cooperate, include several state legislators including Rep. Barry Mask, R-Wetumpka; Sen. Scott Beason, R-Gardendale; and former state Rep. Benjamin Lewis, who Riley appointed as a district judge in Houston County. Those lawmakers wore wires to record their conversations for investigators.
Other potential witnesses include Riley, former state Attorney General Troy King, former Georgia Gov. Sonny Perdue, Secretary of State Beth Chapman, Troy University Chancellor Jack Hawkins, Alabama Education Association head Paul Hubbert, David Bronner of the Retirement Systems of Alabama, and country stars Randy Owen of Alabama, George Jones and Lorrie Morgan.
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