Judge: Former Gov. Bob Riley must testify if called in bingo corruption retrial

By: Lance Griffin | Dothan Eagle
Published: November 28, 2011

Former Alabama Gov. Bob Riley did not have to testify in the first bingo corruption trial, but it appears he will be called as a witness in the retrial.

Monday afternoon, U.S. Magistrate Judge Wallace Capel, Jr. denied motions from Riley's attorneys to quash his subpoena, meaning the former governor could take the stand some time during the second trial, set to begin Jan. 30.

Attorneys for casino owner Milton McGregor believe Riley has pertinent information related to the case. McGregor is charged with conspiracy and bribery related to a vote-buying investigation in the Alabama Legislature. Prosecutors believe McGregor tried to corruptly influence the passage of pro-gambling legislation by offering bribes to legislators.

During a recent hearing concerning Riley's subpoena, McGregor attorneys said Riley had specific information relevant to the case, citing conversations Riley is believed to have had with at least one member of the alleged conspiracy, concerning elements of the alleged conspiracy.

Attorneys for Riley claimed the subpoena should be quashed because the information sought by McGregor's attorneys could be gained from other sources. They also claimed that Riley should not have to testify because the law protects "former high officials" from testifying in cases "absent extraordinary circumstances."

Capel, however, said McGregor's attorneys made a valid argument during the recent hearing that the information sought could not be gained from another source.

Capel's order also applies to former Alabama Department of Public Safety Director Chris Murphy, who was also seeking to have his subpoena quashed.

Nine defendants stood trial this summer on conspiracy, bribery and other charges related to the vote-buying investigation. A jury acquitted the defendants on some of the charges and were unable to reach a verdict on many others. Seven defendants remain including McGregor, lobbyist Tom Coker, Sen. Harri Anne Smith, former Sens. Jim Preuitt and Larry Means, legislative analyst Ray Crosby and former Country Crossing spokesperson Jay Walker.

Judge: Former Gov. Bob Riley must testify if called in bingo corruption retrial

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