Don't Think We Have Forgotten About The CESSPOOL, But This Time There Is "Fishy" Business Going On. Read More Below.

No fishy business, defense lawyers say
By Beth Musgrave


Like all fish tales, this one just keeps growing.

Defense lawyers for indicted road contractor Leonard Lawson want a federal judge to toss any evidence related to a frozen fish that Lawson allegedly gave the prosecution’s key witness James Rummage, a former transportation engineer.

Rummage told prosecutors that he had received $20,000 in cash payments from Lawson for internal cabinet estimates on road projects that Lawson’s companies were going to bid on during previous Gov. Ernie Fletcher’s administration.

A lawyer for Rummage confirmed last month that a frozen fish was part of the evidence that Rummage had turned over to prosecutors. But prosecutors and defense lawyers were mum on the possible role the fish could play at a trial, scheduled for April.

According to court documents, during one visit to Lawson’s house to pick up the cash payments, Lawson, an avid fisherman, gave Rummage six bags of frozen fish. Rummage, who was working for federal investigators, kept the frozen fish and turned it over to prosecutors to back up his claims that he was actually at Lawson’s home.

FBI documents filed in the court record showed that the FBI sent the six plastic bags to a laboratory to have them tested for prints. Lawson’s prints were not found on the bags, according to court documents.

But there won’t be any fish at an April trial.

According to court documents, FBI agents thawed the fish and then threw them away before the six plastic bags were processed for finger prints.

But Larry Mackey, an attorney for Lawson, argues in court documents that there should be no evidence relating to the fish introduced in court. Federal prosecutors have photos of the fish and the analysis of the finger prints on the bags, according to court documents.

Ultimately, a federal judge will have to decide whether reference to the fish will be allowed.

The motion to toss the fish is just one of more than a dozen motions that defense attorneys have filed in the bid tampering case. Lawyers for Lawson have also filed a motion late Wednesday asking that Lawson be tried separately. Also charged in the case is former Transportation Cabinet Secretary Bill Nighbert and a Lawson employee.