Quick Update On The Cesspool; Judge Lets Defense Keep Tapes.
Read more from Ronnie Ellis, or below:
Lawyers get to keep tape in bid-rigging case
By RONNIE ELLIS
CNHI News Service
LEXINGTON —
A federal judge will allow attorneys for three men charged with bid-rigging and obstructing justice to keep a recording of conversations between prosecutors and a key witness but warned them not to reveal its contents.
The digital recording is of conversations between investigators and Jim Rummage, a former state highway engineer and the key witness against Lexington road contractor Leonard Lawson, his aide Brian Billings and former Transportation Secretary William Nighbert. The government alleges the three colluded to rig the bids in favor of Lawson’s company and that Lawson paid Rummage $20,000 for the bid estimates and later funneled money through a sham company to reward Nighbert.
Rummage, according to an FBI affidavit released earlier and the indictments, secretly taped conversations with Lawson and Billings. But prosecutors inadvertently turned over a recording to defense attorneys that U.S. Attorney Ken Taylor wants back, contending it includes a confidential “strategy session” involving Rummage and investigators.
But Tuesday, U.S. Magistrate James Todd ruled defense attorneys can keep the recording, warning them not to leak its contents and delayed any decision on whether it will be admissible during trial. Judge Danny Reeves, who will preside over the trial, will make that determination.
“The court is inclined to let defense retain these ... CDs or tapes, but at this point, whether it’s admissible or the extent of its relevance is yet to be determined,” Todd said.
Lawson’s attorney, Larry Mackey, contends the recording is important to his client’s defense and he said outside the courtroom Tuesday he wants the jury to hear it.
“We’ll be filing briefs and making arguments that not just (prosecutor) Mr. Taylor, not just the defense, but the people who’re making the decision in this case (the jury) should hear the tape,” Mackey said.
Other secret recordings came to light during Tuesday’s hearing. Apparently, Rummage used his personal cell phone to record 14 conversations, 10 of which were also taped by the government – but without the government’s knowledge. Mackey and attorneys for Nighbert and Billings, Howard Mann and Kent Wicker, respectively, want those too.
Taylor said 10 of the recordings are duplicates of recordings already provided to the defense; three are recorded messages he left on message machines but contain no new information; and one of another strategy session with investigators.
“Our primary argument is the whole conversation is confidential,” Taylor said. He said the recording also includes directions about how to operate FBI recording devices. Todd didn’t rule on those Tuesday.
Todd ruled on several other motions – granting a continuance to late April; excusing Lawson from pre-trial hearings; and setting Dec. 3 as a deadline for pre-trial motions. Mackey said there will be several of those, including motions for change of venue and motions to dismiss.
Ronnie Ellis writes for CNHI News Service and is based in Frankfort. He may be contacted by e-mail at rellis@cnhi.com.
Editor's comment: if inadvertently turning over evidence is what to expect from the prosecution, we are in for a thrill.
Lawyers get to keep tape in bid-rigging case
By RONNIE ELLIS
CNHI News Service
LEXINGTON —
A federal judge will allow attorneys for three men charged with bid-rigging and obstructing justice to keep a recording of conversations between prosecutors and a key witness but warned them not to reveal its contents.
The digital recording is of conversations between investigators and Jim Rummage, a former state highway engineer and the key witness against Lexington road contractor Leonard Lawson, his aide Brian Billings and former Transportation Secretary William Nighbert. The government alleges the three colluded to rig the bids in favor of Lawson’s company and that Lawson paid Rummage $20,000 for the bid estimates and later funneled money through a sham company to reward Nighbert.
Rummage, according to an FBI affidavit released earlier and the indictments, secretly taped conversations with Lawson and Billings. But prosecutors inadvertently turned over a recording to defense attorneys that U.S. Attorney Ken Taylor wants back, contending it includes a confidential “strategy session” involving Rummage and investigators.
But Tuesday, U.S. Magistrate James Todd ruled defense attorneys can keep the recording, warning them not to leak its contents and delayed any decision on whether it will be admissible during trial. Judge Danny Reeves, who will preside over the trial, will make that determination.
“The court is inclined to let defense retain these ... CDs or tapes, but at this point, whether it’s admissible or the extent of its relevance is yet to be determined,” Todd said.
Lawson’s attorney, Larry Mackey, contends the recording is important to his client’s defense and he said outside the courtroom Tuesday he wants the jury to hear it.
“We’ll be filing briefs and making arguments that not just (prosecutor) Mr. Taylor, not just the defense, but the people who’re making the decision in this case (the jury) should hear the tape,” Mackey said.
Other secret recordings came to light during Tuesday’s hearing. Apparently, Rummage used his personal cell phone to record 14 conversations, 10 of which were also taped by the government – but without the government’s knowledge. Mackey and attorneys for Nighbert and Billings, Howard Mann and Kent Wicker, respectively, want those too.
Taylor said 10 of the recordings are duplicates of recordings already provided to the defense; three are recorded messages he left on message machines but contain no new information; and one of another strategy session with investigators.
“Our primary argument is the whole conversation is confidential,” Taylor said. He said the recording also includes directions about how to operate FBI recording devices. Todd didn’t rule on those Tuesday.
Todd ruled on several other motions – granting a continuance to late April; excusing Lawson from pre-trial hearings; and setting Dec. 3 as a deadline for pre-trial motions. Mackey said there will be several of those, including motions for change of venue and motions to dismiss.
Ronnie Ellis writes for CNHI News Service and is based in Frankfort. He may be contacted by e-mail at rellis@cnhi.com.
Editor's comment: if inadvertently turning over evidence is what to expect from the prosecution, we are in for a thrill.
Labels: Crime, Kentucky politics, Punishment
posted by KYJurisDoctor at 7:30 PM
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