Those conversations included discussions about blacks getting bused to the polls -- in "HUD-financed buses," in the words of one state senator -- which could hurt the prospects of GOP candidates.
At another point, Beason used the term "aborigines" to refer to patrons of the Greenetrack gaming facility in Greene County.
It's early in the trial, and one never knows what to expect from an Alabama jury; a source told us that at least two jurors were sleeping in the jury box after lunch during testimony on Monday. But at this point, a reasonable observer might ask, "If this is the best the government has to offer, did Country Crossing developer Ronnie Gilley make a huge mistake by pleading guilty?"
The big issue that hangs over the trial is this: To what extent was Riley's opposition to electronic bingo driven by his seemingly pathological desire to protect the market share of Mississippi Choctaw gaming interests? And to what extent did money funneled from the Choctaws, through GOP felon Jack Abramoff, wind up soiling the political environment in Alabama over the past eight to 10 years?
In other words, Riley's testimony is central to the big-picture issues that are driving this trial. And Moorer's decision to quash McGregor's efforts to compel Riley's testimony rests on shaky legal legs.
As we noted in a previous post, Moorer's ruling is not the victory for Riley that it might seem:
Moorer quashed a subpoena from gambling magnate Milton McGregor, seeking to have Riley and three other current or former state officials called as witnesses. Moorer's finding, however, was "without prejudice," meaning the issue can be raised again later in the trial. And Moorer indicates that McGregor might indeed have a strong case for seeking testimony from Riley and the other state officials at some point in the proceedings.
Still, Moorer probably is cutting Riley way more slack than he deserves under the law. Moorer cited United States v. Nixon, 418 U.S. 683, 698, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974) in finding that McGregor did not have sufficiently specific grounds for compelling Riley's testimony. But Moorer conveniently ignored the finding in Nixon about a criminal defendant's rights under the Sixth Amendment of the U.S. Constitution. From the Nixon opinion:
The right to the production of all evidence at a criminal trial has constitutional dimensions. The Sixth Amendment explicitly confers upon every defendant in a criminal trial the right to be confronted with the witnesses against him and to have compulsory process for obtaining witnesses in his favor. Moreover, the Fifth Amendment also guarantees that no person shall be deprived of liberty without due process of law. It is the manifest duty of the courts to vindicate those guarantees, and to accomplish that it is essential that all relevant and admissible evidence be produced.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
