Lewis wraps first day of testimony at bingo corruption trial

Summarizing the day of testimony at the bimgo corruption trial for Tuesday, June 21.

The Big Thing: Houston County District Judge Benjamin Lewis made it to the stand late Tuesday afternoon. Lewis said he and Smith were both opposed to the Country Crossing project when it was announced for Houston County and that Smith verbally opposed the project in early meetings with Governor Bob Riley and Attorney General Troy King. Smith has said she changed her mind due to constituent response.

Quote of the Day: “If we keep going like this we are going to be here until Christmas,” Prosecutor Steve Feaga, responding to numerous objections from defense attorneys during testimony Tuesday morning.

A Look Ahead: Lewis will spend more time on direct examination Wednesday, when he is expected to get into the heart of his cooperation with the FBI vote-buying investigation. His testimony will likely continue into Thursday.

6:37 p.m. -- Houston County District Judge Benjamin Lewis began what is expected to be 2-3 days of testimony in the federal bingo corruption trial here by claiming Sen. Harri Anne Smith initially opposed Country Crossing’s electronic bingo and sought to have it killed.

Lewis took the stand late Tuesday afternoon and said he and Smith first learned of the Country Crossing development in February of 2008. Lewis said the two had several discussions about the development.

“In one meeting I heard her saying she could not allow this to happen on her watch. She said she had been fighting gambling for 10 years and would not allow a casino to be built in her district on her watch,” Lewis said.

Lewis said he, Smith and Dothan businessmen John Watson and John Downs had a meeting with Gov. Bob Riley soon after the development was announced for Houston County. He said the purpose of the meeting was to seek guidance from Riley about how to stop the electronic bingo portion of the project.

“At any point did she say ‘Governor, all we want is the right of people to vote on this issue?’” Assistant U.S. Attorney Edward Kang asked Lewis

“No sir,” Lewis said.

Smith attorney Jim Parkman said Lewis told “part of the story.” Parkman said evidence will show Smith changed her stance on electronic bingo at Country Crossing after conducting a poll in her district that showed strong support for the project.

“After that poll, she said ‘I’ve got to do what the majority wants, regardless of my personal views,’” Parkman said following the trial session Tuesday.

Following Tuesday’s testimony, the two sides debated a government motion to bar the defense from being able to cross examine Lewis about his judgeship appointment.

Smith attorney Jim Parkman said the defense should be allowed to question Lewis about the judgeship because he plans to introduce evidence that Lewis told someone he would get the judgeship before the selection process ended. The defense claims the judgeship appointment was a political reward given to Lewis from Gov. Riley.

U.S. District Judge Myron Thompson said he would rule Wednesday morning before testimony begins, but appeared inclined to deny the government’s motion and allow Lewis to be questioned about the judgeship.

4 p.m. -- Houston County District Judge Benjamin Lewis has taken the stand. His testimony will be summarized here on the blog.

For running updates follow DothanEagle on Twitter.

2:24 p.m. – The office manager for the Fine-Geddie lobbying firm testified Tuesday about ledger entries that initially identifed Milton McGregor as the source of funds for two campaign checks written to the Rep. Barry Mask campaign in February of 2010.

Cheryl Farrow serves as the office manager for the lobbying firm Fine-Geddie and Associates. In earlier testimony, Rep. Barry Mask testified he had a conversation with Milton McGregor on Feb. 15 that led to a visit from lobbyist Robert Geddie the same evening at a Mask fundraiser. Mask testified Geddie delivered two checks of $2,500 each to Mask. In a recorded conversation between Mask and McGregor the day after the fundraiser, McGregor indicates he followed up on his commitment to support Mask.

Contribution and debit ledgers kept by Farrow at Fine-Geddie for client Milton McGregor first indicated a $5,000 debit to the Barry Mask campaign from McGregor through two Geddie-controlled political action committees. That entry was later crossed out and corresponding $2,500 debits were noted on the ledgers of two other Geddie clients, Great Southern Wood and Protective Life Insurance.

Farrow testified she doesn’t remember a specific conversation with Geddie about crossing out the McGregor ledger entry, but said she did not make ledger entries or corrections without direction from Geddie.

“Why did you record the Mask contributions as coming from McGregor?” Assistant U.S. Attorney Emily Woods asked Farrow.

“I suppose I was instructed to do it. I’m not sure. I don’t remember back that far,” Farrow said.

The prosecution asserts Geddie directed Farrow to change the ledger for illegal purposes.

11:22 – The woman who hosted a fundraiser for Rep. Barry Mask February of 2010 testified this morning that two men showed up at the fundraiser without tickets and gave her an envelope with two $2,500 checks inside.

Debbie Moore hosted the fundraiser at her brother’s barbecue restaurant in Tallassee. Moore testified that two or three days before the fundraiser, she said she received a call from a man named Will Benefield. She said her caller ID indicated the person as calling from VictoryLand in Macon County. Moore said the man wanted to buy all of her fundraiser tickets. Moore said she called Mask, then returned the call to Benefield and told him all of the tickets had been sold.

Moore then testified Benefield said “We’re coming anyway.”

Moore testified that during the fundraiser, two men showed up, asked for tickets, and handed Moore an envelope. Moore said she opened the envelope, saw two $2,500 checks, closed the envelope and placed it in a cash register with the other money from the fundraiser. The checks totaled $5,000. Moore said the fundraiser goal was $5,000, or 100 $50 tickets.

9:58 a.m. – Lewis Gillis, defense attorney for Sen. Quinton Ross, questioned Rep. Barry Mask extensively Tuesday morning about the campaign contribution process.

Ross is accused of asking for money in exchange for his bingo legislation vote. According to the indictment, Ross contacted people connected with the gambling legislation and said he was not “feeling the love”, and wanted campaign donations. The indictment also pointed out that Ross was unopposed in the 2010 election year.

During questioning from Gillis, Mask agreed with the Gillis line of questioning that it was not improper to ask for campaign contributions during a year in which the candidate is unopposed. Mask said it is proper because (1) a candidate could pop up at the last minute and (2) a war chest needs to be built up for the next election.

“The smart candidate will not assume someone will not run against them, but be prepared to have an opponent. Would you say that is right?,” Gillis asked.

“Yes sir. We say that all the time,” Mask responded.

8:30 a.m. -- Both sides in the bingo corruption trial will conclude questioning of Rep. Barry Mask today. After two or three relatively brief witnesses, the government is expected to put former Representative and current Houston County District Judge Benjamin Lewis on the stand.

In case you missed it last night, the government has filed a motion with the court to keep the defense from cross examining Lewis about his appointment as a Houston County District Judge by Gov. Bob Riley.

Additionally, the government does not want the defense to cross examine Lewis using an FBI analyst report that stated although Lewis was a "suitable" source to be used by the FBI, he could have a political motivation for cooperating with the government.

Read the government motion here.

Lewis Gillis, defense attorney for Sen. Quinton Ross, is now questioning Rep. Barry Mask.