After Bungling Kentucky Bid Rigging Case Against Leonard Lawson And Bill Nightbert, U. S. Attorney's Office Does Good. Read More Below.
U.S. won't charge Rummage; recommends dropping Billings case
By Tom Loftus
FRANKFORT, Ky. — After the primary defendants in the highway contract bid-rigging trial were acquitted, the prosecutor has decided to recommend dismissal of charges against the remaining defendant, Brian Billings.
Also, the prosecution has decided that it will not bring charges against its key witness in the case, former state highway engineer Jim Rummage.
On Friday a U.S. District Court jury in Lexington found road contractor Leonard Lawson and former state Transportation Secretary Bill Nighbert not guilty on all charges.
An indictment alleged that Nighbert leaked confidential cost estimates on road contracts to Lawson before Lawson submitted bids on them.
Lawson and Nighbert were indicted with Billings, a Lawson company employee whose case was separated from the others last year. Billings was charged with conspiracy to violate federal laws and obstruction of justice.
But Assistant U.S. Attorney Ken Taylor said Tuesday, “We don't intend to move forward with Billings' case. In light of all the circumstances, the ends of justice require that.”
Taylor said the decision was made Monday by the Office of the U.S. Attorney for the Eastern District of Kentucky. Because the office has appealed a pretrial order in the case, he said, it cannot immediately drop the case but must recommend dismissal to the U.S. Solicitor General's Office.
“But I fully expect them to agree,” Taylor said.
Billings' attorney, Kent Wicker, said the prosecution “has done the right thing.”
“It's very clear the weakest evidence in the case was against Brian Billings,” Wicker said. “And if they can't convict Mr. Lawson and Mr. Nighbert, they certainly can't convict Brian Billings. With that information, the prosecutor has an ethical obligation to dismiss the charges.”
Taylor also said that the government will not prosecute Rummage.
“In light of all the circumstances that exist, it's the only fair and equitable thing to do,” he said, declining to elaborate.
Rummage alleged during the trial that Nighbert directed him to get the cost estimates. He also said he personally delivered them to Lawson, whom he said handed him $5,000 on four different occasions.
Rummage also testified that the prosecution had made him no promise of leniency in exchange for his testimony.
Marc Murphy, Rummage's attorney, could not be reached for an immediate comment.
Defense attorneys in the case said they were not surprised by the decision.
“We had believed all along that there was a ‘wink and a nod' agreement between Rummage and the government that he would never be charged,” Wicker said.
Guthrie True, a Frankfort attorney who represents Lawson, said, “The government had never said they had a deal with him, but those of us who do this for a living know that there had to be some implicit agreement there. I think this confirms our suspicions.”
By Tom Loftus
FRANKFORT, Ky. — After the primary defendants in the highway contract bid-rigging trial were acquitted, the prosecutor has decided to recommend dismissal of charges against the remaining defendant, Brian Billings.
Also, the prosecution has decided that it will not bring charges against its key witness in the case, former state highway engineer Jim Rummage.
On Friday a U.S. District Court jury in Lexington found road contractor Leonard Lawson and former state Transportation Secretary Bill Nighbert not guilty on all charges.
An indictment alleged that Nighbert leaked confidential cost estimates on road contracts to Lawson before Lawson submitted bids on them.
Lawson and Nighbert were indicted with Billings, a Lawson company employee whose case was separated from the others last year. Billings was charged with conspiracy to violate federal laws and obstruction of justice.
But Assistant U.S. Attorney Ken Taylor said Tuesday, “We don't intend to move forward with Billings' case. In light of all the circumstances, the ends of justice require that.”
Taylor said the decision was made Monday by the Office of the U.S. Attorney for the Eastern District of Kentucky. Because the office has appealed a pretrial order in the case, he said, it cannot immediately drop the case but must recommend dismissal to the U.S. Solicitor General's Office.
“But I fully expect them to agree,” Taylor said.
Billings' attorney, Kent Wicker, said the prosecution “has done the right thing.”
“It's very clear the weakest evidence in the case was against Brian Billings,” Wicker said. “And if they can't convict Mr. Lawson and Mr. Nighbert, they certainly can't convict Brian Billings. With that information, the prosecutor has an ethical obligation to dismiss the charges.”
Taylor also said that the government will not prosecute Rummage.
“In light of all the circumstances that exist, it's the only fair and equitable thing to do,” he said, declining to elaborate.
Rummage alleged during the trial that Nighbert directed him to get the cost estimates. He also said he personally delivered them to Lawson, whom he said handed him $5,000 on four different occasions.
Rummage also testified that the prosecution had made him no promise of leniency in exchange for his testimony.
Marc Murphy, Rummage's attorney, could not be reached for an immediate comment.
Defense attorneys in the case said they were not surprised by the decision.
“We had believed all along that there was a ‘wink and a nod' agreement between Rummage and the government that he would never be charged,” Wicker said.
Guthrie True, a Frankfort attorney who represents Lawson, said, “The government had never said they had a deal with him, but those of us who do this for a living know that there had to be some implicit agreement there. I think this confirms our suspicions.”
Labels: Crime, Justice, Keeping them honest, Kentucky politics, Punishment
posted by KYJurisDoctor at 3:03 PM
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