Bingo corruption trial: Attorney for Jim Preuitt attacks lobbyist's testimony

5:20 p.m. – Lobbyist Jennifer Pouncy said she never received an explicit agreement from Sen. Quinton Ross to vote for Senate Bill 380 in exchange for campaign contributions.

Pouncy previously testified Ross aggressively sought campaign contributions from her boss, lobbyist Jarrod Massey. At one point, Pouncy said Ross told her he was no longer “feeling the love.”

Under questioning from Ross attorney Mark Englehart, Pouncy said Ross never told her that he would vote for the bingo legislation in exchange for the campaign funds.

2:21 p.m. – Ron Wise, attorney for Sen. Jim Preuitt, questioned lobbyist Jennifer Pouncy about what he believed were inconsistencies in her previous testimony and statements she made during interviews with the FBI.

Pouncy testified Tuesday that she relayed an offer from her boss, Jarrod Massey, of $2 million for his re-election campaign in exchange for his yes vote on bingo legislation. Pouncy said the offer came hours after Preuitt voted no on a procedural vote related to the bingo bill on March 3, 2010.

Wise pointed to an April 9, 2010, interview Pouncy had with the FBI in which the FBI summary indicates that the $2 million offer was made on the “first legislative session day in the first week of March, 2010.” That would have been Tuesday, March 2.

“I just had it wrong and I couldn’t remember. I thought about it and realized I had it wrong,” Pouncy said concerning the statement she made to the FBI. “I had the conversation with Preuitt after the (procedural) vote.”

Pouncy cried during some of Wise's cross examination.

Wise also questioned Pouncy about her testimony in which she indicated Preuitt “changed the subject” when she made the $2 million offer. Recorded phone conversations indicate Pouncy told Massey that Preuitt said “let’s just talk some more later.”

“He changed the subject when the offer came up and we talked about other things and at the end of the conversation he said we’ll talk more later,” Pouncy said.

Pouncy said she never had an explicit agreement from Preuitt to vote for the bill. Preuitt did vote in favor of SB380 March 30, 2010.

11:45 a.m. – U.S. District Judge Myron Thompson rejected an attempt by defense attorneys to strike the testimony of lobbyist Jennifer Pouncy Thursday.

The motion from the defendants came after attorneys for Jay Walker gained access to a transcript of the hearing Sept. 28, 2010, in which Pouncy pleaded guilty to conspiracy to commit bribery.

The defendants claimed Pouncy’s testimony should be excluded for two reasons:

(1) The prosecution should have provided the document to the defense before the beginning of the trial. The prosecution argued that the transcript had been placed under seal by a federal judge because, at the time Pouncy’s plea hearing occurred, the indictments against the defendants had not been unsealed.

“We never had it to give to them, judge,” Assistant U.S. Attorney Steve Feaga said.

(2) The information in the transcript was inconsistent with Pouncy’s testimony at trial and the late access to the document made it impossible for the defense to prepare to cross examine Pouncy. The prosecution rejected the defense argument and claimed Pouncy’s testimony at her plea hearing was consistent with her trial testimony.

Thompson agreed with the prosecution’s assertions.

“I find no error here,” Thompson said.

Testimony will resume after 12:30 p.m.

9:43 a.m. – U.S. District Judge Myron Thompson has agreed to limit the testimony of the FBI agent who interviewed Sen. Jim Preuitt on April 1, 2010, the day the FBI vote-buying investigation was made public.

FBI Special Agent George Glaser was on the stand briefly Tuesday, testifying about about his interview with Preuitt at a Montgomery hotel. Several defendants objected to Glaser’s testimony, claiming his remarks about statements Preuitt gave made it impossible to question Preuitt if he chose not to take the stand.

Preuitt is charged in the indictment with making false statements to investigators.

Thompson instructed the jury to consider Glaser’s testimony only to the extent it applies to the single false statement count against Preuitt.

Before Glaser’s testimony was interrupted, Glaser said Preuitt denied he had been offered anything of value in exchange for his vote. Glaser said Preuitt further said he would have felt an obligation to report any offer he received.

Click here to read the government’s motion to allow Glaser’s testimony.