The decision has been made!
The judge has now asked that the jurors sign and date the verdict form against the four counts in which they have made a decision.
They agree on the following:
Count 1) no agreement on extortion
Count 2) guilty of bribery
Count 3) not guilty of witness intimidation
Count 4) not guilty of witness intimidation
Count 5) not guilty of witness intimidation
Sentencing will be July 31 at 9:00 am.
Friday, April 27, 2007
20 minutes later...
We're back...but not really. We still don't have an answer.
"They said they are ready to return the verdict, it appears they may be deadlocked on the remaining count," says DiScenza. "...declare a mistrial."
Scholl still doesn't want to make a decision. So instead they brought the jury out for an inquiry.
Juror #1 tells the court that they are able to report on four of the counts, but not on one of them.
"Do you believe that any additional deliberation on the account would be of any benefit?" asks the judge.
"I do not, sir," says Juror #1.
"They said they are ready to return the verdict, it appears they may be deadlocked on the remaining count," says DiScenza. "...declare a mistrial."
Scholl still doesn't want to make a decision. So instead they brought the jury out for an inquiry.
Juror #1 tells the court that they are able to report on four of the counts, but not on one of them.
"Do you believe that any additional deliberation on the account would be of any benefit?" asks the judge.
"I do not, sir," says Juror #1.
What if they can't decide?
We're now into some exciting stuff...
The jury has passed a note back to the judge. It reads, "We are ready for a verdict, but can't decide on one of the counts."
What this means is that the jury has finally after three days of deliberation made a decision on four out the five counts against John Ford. They just have one to go, but we have no idea which "count" this is -- and neither does the judge or the attorneys.
The answer we all want to know is...What happens if they can't decide on this final count?
The prosecution is willing to take a partial verdict and declare a mis-trial, but Scholl isn't so quick to decide.
Right now Scholl has asked for a 5 minute recess (which is really turning into a good 20 minutes). He's debating about what to do and whether or not he wants to accept the partial verdict.
The jury has passed a note back to the judge. It reads, "We are ready for a verdict, but can't decide on one of the counts."
What this means is that the jury has finally after three days of deliberation made a decision on four out the five counts against John Ford. They just have one to go, but we have no idea which "count" this is -- and neither does the judge or the attorneys.
The answer we all want to know is...What happens if they can't decide on this final count?
The prosecution is willing to take a partial verdict and declare a mis-trial, but Scholl isn't so quick to decide.
Right now Scholl has asked for a 5 minute recess (which is really turning into a good 20 minutes). He's debating about what to do and whether or not he wants to accept the partial verdict.
Another question
The jury has another question.
We have returned to court.
Attorneys for both sides are in the courtroom.
We have returned to court.
Attorneys for both sides are in the courtroom.
A chat with a chaplain
John Ford's friend and chaplain Novella Smith Arnold has been on the 11th floor waiting for the verdict along with the press corps.
"I'm here because I'm the voice of the voiceless, those people who can't say thank you, those people who can't be here for themselves, I'm here for them," she says.
Arnold says Ford came to the rescue in 1989 when the Memphis Mental Health Institute was in danger of shutting down. "It was being closed by the state. He fixed it so the mentally ill would not have to die in jail," she says.
I asked Chaplain Arnold what she makes of the evidence in the case against her friend.
"The evidence in the case is vague, and I'm one of the people who believes God can do anything we ask Him to do, and that's to give him (Ford) freedom. The God I serve is a God of chances, another chance," she says.
"I'm here because I'm the voice of the voiceless, those people who can't say thank you, those people who can't be here for themselves, I'm here for them," she says.
Arnold says Ford came to the rescue in 1989 when the Memphis Mental Health Institute was in danger of shutting down. "It was being closed by the state. He fixed it so the mentally ill would not have to die in jail," she says.
I asked Chaplain Arnold what she makes of the evidence in the case against her friend.
"The evidence in the case is vague, and I'm one of the people who believes God can do anything we ask Him to do, and that's to give him (Ford) freedom. The God I serve is a God of chances, another chance," she says.
Jury is back ... from lunch
The jury is back... from lunch. I just gave our photographers a bit of a scare. I sent them a text message saying, "The jury is back."
So I just wanted to make it clear. They're back, from lunch.
So I just wanted to make it clear. They're back, from lunch.
Debate over the question
Much of the talk and speculation up here on the 11th floor today has centered around the question the jury had for the judge yesterday.
What does "color of official right" mean?
I spoke with Memphis Flyer political writer and analyst Jackson Baker to get his thoughts.
"That was, to my mind, a turn to the prosecution. They seem to be asking for boundary lines on a possible count they might uphold. Had they asked for a definition for entrapment that would have been a good sign for the defense. The likelihood of a hung jury seems to have reduced a little," says Baker.
There is also talk about what the judge might do if the jury tells him they cannot come to a unanimous decision. You'll remember during a recent high profile case involving former Shelby County Medical Examiner O.C. Smith, the jury came back to say they simply couldn't reach a decision. The judge told them to give it another shot.
Of course, all of this is speculation. There are lots of folks up here with lots of time ... and blog space to fill.
What does "color of official right" mean?
I spoke with Memphis Flyer political writer and analyst Jackson Baker to get his thoughts.
"That was, to my mind, a turn to the prosecution. They seem to be asking for boundary lines on a possible count they might uphold. Had they asked for a definition for entrapment that would have been a good sign for the defense. The likelihood of a hung jury seems to have reduced a little," says Baker.
There is also talk about what the judge might do if the jury tells him they cannot come to a unanimous decision. You'll remember during a recent high profile case involving former Shelby County Medical Examiner O.C. Smith, the jury came back to say they simply couldn't reach a decision. The judge told them to give it another shot.
Of course, all of this is speculation. There are lots of folks up here with lots of time ... and blog space to fill.
The Waiting Game
John Ford is waiting along with the rest of us.
He's out to lunch on Main street while the jurors take their lunch break.
Several of his family members are here waiting too.
He's out to lunch on Main street while the jurors take their lunch break.
Several of his family members are here waiting too.
Back from Break
Members of the jury have just returned from their break. They appear to be in good spirits.
Celebrity guest
Former Shelby County Commissioner, current mayoral candidate John Willingham has arrived on the 11th floor of the federal courthouse.
We asked him what brings him here.
"I ran out of gas," he joked.
We asked him what brings him here.
"I ran out of gas," he joked.
Break Time
Members of the jury have just exited the jury room.
We're told they are taking a short break.
We're told they are taking a short break.
Jury back at work
How should I put this. I'd be lying to you folks if I told you this was exciting.
We're sitting in a hallway watching people get off an elevator. We look at them, they look at us.
Then they get back on the elevator to go downstairs, and we wait for the next group.
I can't imagine what it must be like for both parties involved to wait for the verdict.
The jury has been at work now for about 12 hours over three days.
There is a lot on the line here.
If John Ford is convicted on all five counts, he could face up to 60 years in prison, and more than a million dollars in fines.
The government has spent hundreds of thousands of dollars on Operation Tennessee Waltz.
Ford was arrested back on May 25, 2005.
Here we are almost two years later, and his future rests in the hands of the jury.
I'll keep you updated.
We're sitting in a hallway watching people get off an elevator. We look at them, they look at us.
Then they get back on the elevator to go downstairs, and we wait for the next group.
I can't imagine what it must be like for both parties involved to wait for the verdict.
The jury has been at work now for about 12 hours over three days.
There is a lot on the line here.
If John Ford is convicted on all five counts, he could face up to 60 years in prison, and more than a million dollars in fines.
The government has spent hundreds of thousands of dollars on Operation Tennessee Waltz.
Ford was arrested back on May 25, 2005.
Here we are almost two years later, and his future rests in the hands of the jury.
I'll keep you updated.
Good Morning ... again!
Good morning again from the courthouse.
Here we go again. Day three of deliberations.
The judge has just arrived.
I haven't seen any sign of the jury, but they could already be in the jury room.
They were instructed last night to report at 9:30 a.m.
Last night ended with a question ... not a verdict.
John Ford left court saying he feels good.
His attorney, Michael Scholl, declined to make any comments about the jury's question.
Here we go again. Day three of deliberations.
The judge has just arrived.
I haven't seen any sign of the jury, but they could already be in the jury room.
They were instructed last night to report at 9:30 a.m.
Last night ended with a question ... not a verdict.
John Ford left court saying he feels good.
His attorney, Michael Scholl, declined to make any comments about the jury's question.
Thursday, April 26, 2007
Done for the day
The jurors have finished day two of deliberations without a verdict.
They'll be back at 9:30 in the morning.
"I feel good," John Ford said as he left the courtroom.
They'll be back at 9:30 in the morning.
"I feel good," John Ford said as he left the courtroom.
The jury arrives
The judge gives the jury the following definition of "color of official right":
"By reason of one who is a public official or holds public office. That is the definition the court is going to give you," says the judge to the jury.
"By reason of one who is a public official or holds public office. That is the definition the court is going to give you," says the judge to the jury.
Bring the jury in
After some debate. The judge has asked the court security officer to bring the jury in.
Questions over the question
"The instructions are as they are. My opinion is we shouldn't be handing any additional instructions back," says defense attorney Michael Scholl.
Prosecutor Tim DiScenza suggests supplemental jury instructions are common.
The judge interprets "color of official right" to mean "that pertaining to a public official or one who holds public office."
Prosecutor Tim DiScenza suggests supplemental jury instructions are common.
The judge interprets "color of official right" to mean "that pertaining to a public official or one who holds public office."
"Color of Official Right"
Prosecutor suggests color of official right means "someone who held public office."
Ford's attorney thinks the jury instructions should stand the way they are.
"Color of official right is not specifically explained," says the prosecutor. It means "holding a public office," he says.
"I think the definition would be ... by reason of that person being a public official or holding public office," says the judge.
Ford's attorney wants to just point the jurors to the jury instructions.
Ford's attorney thinks the jury instructions should stand the way they are.
"Color of official right is not specifically explained," says the prosecutor. It means "holding a public office," he says.
"I think the definition would be ... by reason of that person being a public official or holding public office," says the judge.
Ford's attorney wants to just point the jurors to the jury instructions.
Ford arrives for question
John Ford, his attorney Michael Scholl, and several members of the Ford family have just arrived to hear the jury's question.
I'd describe the mood as anxious.
I'd describe the mood as anxious.
The jury has a question
The jury has a question. We are all being called back into the courtroom.
The prosecutors have just arrived.
A crowd is building inside the courtroom. It could take some time to gather all parties involved.
I'm not sure whether Ford himself has been called back to the courtroom. I assume he and his attorneys have been notified.
I'll keep you updated.
The prosecutors have just arrived.
A crowd is building inside the courtroom. It could take some time to gather all parties involved.
I'm not sure whether Ford himself has been called back to the courtroom. I assume he and his attorneys have been notified.
I'll keep you updated.
Live Coverage
Our crews are all over the courthouse, ready to bring you live coverage of today's latest developments.
We'll have team coverage of the John Ford Tennessee Waltz Trial beginning on News Channel 3 First at Four.
You'll hear insight from Mike Matthews about what the mood is like inside the courthouse. You'll also hear from courtroom observers who have been watching the trial all along.
We'll have team coverage of the John Ford Tennessee Waltz Trial beginning on News Channel 3 First at Four.
You'll hear insight from Mike Matthews about what the mood is like inside the courthouse. You'll also hear from courtroom observers who have been watching the trial all along.
The slightest move
A funny thing just happened. We got word the jury was on the move ... and you should have seen the members of the media jump. Myself included.
But that's an indication of the mood. We're all anxiously awaiting a verdict.
Turns out the jury is just taking a break.
But that's an indication of the mood. We're all anxiously awaiting a verdict.
Turns out the jury is just taking a break.
"So .... what do you think?"
Over and over again, you'll hear the same question up here on the 11th floor, "So, what do you think?"
Everyone is speculating on how long it will take the jury to deliberate.
Will it be today? Maybe tomorrow?
If not tomorrow, will the judge make the jurors work through the weekend?
Not even the experts among experts know for sure.
What I can tell you is that the press corps is growing. There are dozens of reporters and photographers waiting for the verdict.
We still haven't had any John Ford sightings yet, but a few of his family members are in the building.
Everyone is speculating on how long it will take the jury to deliberate.
Will it be today? Maybe tomorrow?
If not tomorrow, will the judge make the jurors work through the weekend?
Not even the experts among experts know for sure.
What I can tell you is that the press corps is growing. There are dozens of reporters and photographers waiting for the verdict.
We still haven't had any John Ford sightings yet, but a few of his family members are in the building.
The jury returns
Back from lunch.
Members of the jury have returned to the 11th floor of the courthouse, where I can only assume they will once again resume deliberations.
It's quiet.
Members of the jury have returned to the 11th floor of the courthouse, where I can only assume they will once again resume deliberations.
It's quiet.
Sit back and relax
We can all sit back and relax for a few minutes.
The jury has gone to lunch.
Courtroom security has just escorted them down the hallway.
The jury has gone to lunch.
Courtroom security has just escorted them down the hallway.
IF Ford is found guilty ... then what?
The jury is still deliberating, considering all five counts against John Ford.
The jurors aren't even supposed to consider possible punishment when they're coming up with a verdict. "The question of punishment should never be considered by the jury in deciding the case. If the defendant is convicted the matter of punishment is for the judge to determine," the judge told the jurors yesterday.
But here are the possible punishments if there is a conviction:
Count 1: Extortion: Not more than 20 years, not more than $250,000 fine
Count 2: Bribery: Not more than 10 years, not more than $250,000 fine
Counts 3,4 and 5: Witness Intimidation: Not more than 10 years, not more than $250,000 fine on each of those counts.
The jurors aren't even supposed to consider possible punishment when they're coming up with a verdict. "The question of punishment should never be considered by the jury in deciding the case. If the defendant is convicted the matter of punishment is for the judge to determine," the judge told the jurors yesterday.
But here are the possible punishments if there is a conviction:
Count 1: Extortion: Not more than 20 years, not more than $250,000 fine
Count 2: Bribery: Not more than 10 years, not more than $250,000 fine
Counts 3,4 and 5: Witness Intimidation: Not more than 10 years, not more than $250,000 fine on each of those counts.
The Ford Family
Some of Ford's supporters who have been in the courtroom during the enitre trial have just arrived.
I asked if they've heard any news. They tell me they're simply waiting like the rest of us.
They seemed upbeat.
Just a quick reminder ... you can watch live coverage from the courthouse on News Channel 3 at Noon.
"The Watchdog" will get you all up to date with what's happening in and around the courtroom as everyone waits for a verdict.
I asked if they've heard any news. They tell me they're simply waiting like the rest of us.
They seemed upbeat.
Just a quick reminder ... you can watch live coverage from the courthouse on News Channel 3 at Noon.
"The Watchdog" will get you all up to date with what's happening in and around the courtroom as everyone waits for a verdict.
Was Ford entrapped?
I picked up a copy of the jury instructions to let you know what the judge told the jurors about entrapment before they began deliberating.
"One of the questions in this case is whether the defendant was entrapped," the judge said. "Entrapment has two related elements. One is that the defendant was not willing to commit the crime. The other is that the government, or someone acting for the government, induced or persuaded the defendant to commit it."
"If the defendant was not already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, and the government persuaded him to commit it, that would be entrapment. But if the defendant was already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, it would not be entrapment, even if the government provided him with a favorable opportunity to commit the crime, or made the crime easier, or participated in the crime in some way."
Here are some of the things the judge told the jury to consider:
1. Ask yourself what the evidence shows about the defendant's character and reputation.
2. Ask yourself if the idea for committing the crime originated with or came from the government.
3. Ask yourself if the defendant took part in the crime for profit.
4. Ask yourself if the defendant took part in any similar criminal activity with anyone else before or afterwards.
5. Ask yourself if the defendant showed any reluctance to commit the crime and, whether he was overcome by government persuasion.
6. Ask yourself what kind of persuasion and how much persuasion the government used.
"One of the questions in this case is whether the defendant was entrapped," the judge said. "Entrapment has two related elements. One is that the defendant was not willing to commit the crime. The other is that the government, or someone acting for the government, induced or persuaded the defendant to commit it."
"If the defendant was not already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, and the government persuaded him to commit it, that would be entrapment. But if the defendant was already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, it would not be entrapment, even if the government provided him with a favorable opportunity to commit the crime, or made the crime easier, or participated in the crime in some way."
Here are some of the things the judge told the jury to consider:
1. Ask yourself what the evidence shows about the defendant's character and reputation.
2. Ask yourself if the idea for committing the crime originated with or came from the government.
3. Ask yourself if the defendant took part in the crime for profit.
4. Ask yourself if the defendant took part in any similar criminal activity with anyone else before or afterwards.
5. Ask yourself if the defendant showed any reluctance to commit the crime and, whether he was overcome by government persuasion.
6. Ask yourself what kind of persuasion and how much persuasion the government used.
Signs
Everyone down here at the courthouse is looking for signs.
Signs that might indicate how long the jury will take to reach a verdict.
Last night the jurors requested to see the undercover videos, and they wanted subtitles included on the screen.
There were some technical issues with accommodating that request, so instead the jurors will be able to view the videos and read along paper transcripts.
The feeling up here outside the courtroom is that since the jurors made that request, they're discussing the evidence to the point they feel the need to look over the undercover tapes.
One courtroom observer remarked that if they look back through all the tapes they could be here for days.
Signs that might indicate how long the jury will take to reach a verdict.
Last night the jurors requested to see the undercover videos, and they wanted subtitles included on the screen.
There were some technical issues with accommodating that request, so instead the jurors will be able to view the videos and read along paper transcripts.
The feeling up here outside the courtroom is that since the jurors made that request, they're discussing the evidence to the point they feel the need to look over the undercover tapes.
One courtroom observer remarked that if they look back through all the tapes they could be here for days.
What was the deal with the dismissed jurror?
I put in a request with the court to see any and all transcripts relating to why the juror was dismissed before deliberations yesterday.
The simple answer from the judge... No.
The discussion about dismissing the juror took place in the judge's chambers. It's possible the transcripts will be released after the case is over.
We'll keep you updated.
The simple answer from the judge... No.
The discussion about dismissing the juror took place in the judge's chambers. It's possible the transcripts will be released after the case is over.
We'll keep you updated.
Good Morning
Good morning from the courthouse downtown.
The jurors are already back at it, starting day two of their deliberations.
There wasn't much to it this morning. In fact, last night the judge told the jurors to simply head straight to the jury room when they arrived in the morning.
No sign of John Ford. The judge told both parties they were not required to be here first thing in the morning.
Now it's a waiting game.
The speculation continues.
How long will the jury deliberate?
Nobody really knows.
We'll be here. Waiting.
The jurors are already back at it, starting day two of their deliberations.
There wasn't much to it this morning. In fact, last night the judge told the jurors to simply head straight to the jury room when they arrived in the morning.
No sign of John Ford. The judge told both parties they were not required to be here first thing in the morning.
Now it's a waiting game.
The speculation continues.
How long will the jury deliberate?
Nobody really knows.
We'll be here. Waiting.
Wednesday, April 25, 2007
Don't discuss the case
It also appears the jury room was a bit warm. The judge says they're working on making it more comfortable for the jurors.
"Please do not read anything about what's been going on" the judge tells the jurors.
The jury is now excused for the night.
They'll be back to deliberate at 9:30 a.m. Thursday morning.
Now the judge is discussing how to accommodate the jurors request to see undercover recordings with subtitles.
"I'm going to ask my courtroom deputy to go into the jury room and ask them to submit on a sheet of paper which transcripts ... they want, and then we'll make copies," says the judge.
"Please do not read anything about what's been going on" the judge tells the jurors.
The jury is now excused for the night.
They'll be back to deliberate at 9:30 a.m. Thursday morning.
Now the judge is discussing how to accommodate the jurors request to see undercover recordings with subtitles.
"I'm going to ask my courtroom deputy to go into the jury room and ask them to submit on a sheet of paper which transcripts ... they want, and then we'll make copies," says the judge.
Simple as that
The judge has just entered the courtroom, telling us the jury has requested to go home from the evening.
Right now they're sorting out technical equipment. The jury wants the capability to see video evidence that includes subtitles.
Simple as that.
Looks like John Ford will have to wait at least another night to learn the verdict in his case.
Right now they're sorting out technical equipment. The jury wants the capability to see video evidence that includes subtitles.
Simple as that.
Looks like John Ford will have to wait at least another night to learn the verdict in his case.
Ford is Back
John Ford and his attorney Michael Scholl have just arrived.
Still no word yet on what we should expect to happen.
Still no word yet on what we should expect to happen.
Back to Court
Nobody will say for sure what's going on right now, but a security officer with the court has just told everyone waiting in the hallway they are now allowed to gather back in the courtroom.
It could be as simple as learning that the jury wants to go home for the night. Of course ... it could be more.
I'll let you know.
It could be as simple as learning that the jury wants to go home for the night. Of course ... it could be more.
I'll let you know.
Hurry up and wait ... again.
Journalists from across the state are now anxiously awaiting the jury's verdict.
Of course there are several possibilities here. Jurors have five counts to consider, and they all must agree on the verdict.
The judge has opened the door for questions.
He told the jurors to select a foreperson, then to start deliberating.
He instructed the jury to hand any questions to a court security officer, who would then contact the judge.
There are dozens of undercover tapes, piles of transcripts and days worth of testimony to consider.
Your guess is as good as any right now as to when the jury will come back with a verdict. It could be minutes ... or days.
We'll be here.
Of course there are several possibilities here. Jurors have five counts to consider, and they all must agree on the verdict.
The judge has opened the door for questions.
He told the jurors to select a foreperson, then to start deliberating.
He instructed the jury to hand any questions to a court security officer, who would then contact the judge.
There are dozens of undercover tapes, piles of transcripts and days worth of testimony to consider.
Your guess is as good as any right now as to when the jury will come back with a verdict. It could be minutes ... or days.
We'll be here.
Time to consider the counts
The John Ford Tennessee Waltz case is now in the hands of the jury. The last two alternates have been dismissed.
Court is in recess.
The jury will consider five counts against the former lawmaker:
1. Extortion
2. Bribery
3. Intimidation
4. Intimidation
5. Intimidation
Court is in recess.
The jury will consider five counts against the former lawmaker:
1. Extortion
2. Bribery
3. Intimidation
4. Intimidation
5. Intimidation
Closing Arguments Over
The judge is now reading the jury its instructions. He says this could take about 45 minutes.
We then expect the jury will take a break, then begin deliberating.
We then expect the jury will take a break, then begin deliberating.
"What price do you pay?"
"The government has spent a lot of money. Yes," says prosecutor Lorraine Craig. "How expensive was it? Very. What price do you put on a corrupt free government. How priceless is that?"
Craig is responding to Scholl's closing in which he repeatedly referred to how much money the government spent on the undercover operation.
"Do justice in this case ladies and gentlemen," Craig tells the jury. "Do justice in this case. Hold him accountable. Return a verdict of guilty."
Craig wraps up.
Craig is responding to Scholl's closing in which he repeatedly referred to how much money the government spent on the undercover operation.
"Do justice in this case ladies and gentlemen," Craig tells the jury. "Do justice in this case. Hold him accountable. Return a verdict of guilty."
Craig wraps up.
Entrapment?
Craig tells the jurors there is no evidence of entrapment.
Craig says the investigation, Operation Tennessee Waltz, was not set up to target John Ford.
"He starts selling himself," Craig says referring to Ford.
Craig says the investigation, Operation Tennessee Waltz, was not set up to target John Ford.
"He starts selling himself," Craig says referring to Ford.
Tune in at Noon
After Prosecutor Lorraine Craig wraps up with the jury, we expect the judge to charge the jury.
Mike Matthews will have a live report on News-Channel 3 at Noon.
Mike Matthews will have a live report on News-Channel 3 at Noon.
Don't "Close your eyes to the evidence."
"Every time they're alone, they're only talking about E-Cycle. They don't talk about it in front of other people," says Craig.
Craig is trying to convince the jurors Ford knew that what he was doing was criminal, and he didn't want anyone to know about the transactions taking place.
Craig brings up a payment made in the downtown E-Cycle office where she says Ford was acting nervous, looking around the office for video cameras.
"He's afraid he's being recorded," she says.
She tells the jurors Ford doesn't casually pick up the payment, but instead wraps it up in a newspaper and takes the cash.
"I urge you to compare that video payment with the ones that preceded it," says Craig.
"He (Scholl) wants you to close your eyes to the evidence," says Craig.
Craig is trying to convince the jurors Ford knew that what he was doing was criminal, and he didn't want anyone to know about the transactions taking place.
Craig brings up a payment made in the downtown E-Cycle office where she says Ford was acting nervous, looking around the office for video cameras.
"He's afraid he's being recorded," she says.
She tells the jurors Ford doesn't casually pick up the payment, but instead wraps it up in a newspaper and takes the cash.
"I urge you to compare that video payment with the ones that preceded it," says Craig.
"He (Scholl) wants you to close your eyes to the evidence," says Craig.
We're Back
The prosecution is getting its last chance to talk with the jury.
Prosecutor Lorraine Craig is emphatically telling the jury that undercover agents recorded everything they could, when they could.
"You don't want to get caught. You use it sparingly," Craig says referring to a hidden camera agents used that attached to a button on an undercover agent's shirt.
Prosecutor Lorraine Craig is emphatically telling the jury that undercover agents recorded everything they could, when they could.
"You don't want to get caught. You use it sparingly," Craig says referring to a hidden camera agents used that attached to a button on an undercover agent's shirt.
Break Time
The court is now in recess for 15 minutes. When the jury comes back, we expect to hear the government's final comments.
At this pace, I'd expect the jury will have the case around 11:30. Of course, sometimes it takes a while for the judge to charge the jury. The judge will have to read through all the rules.
A class from ITT Tech School of Criminal Justice is in the courtroom today. Their professor tells me there's no better way to learn about the justice system than to see it first hand.
Ford spent the break shaking some of the students' hands. He also spoke with his daughter, and other supporters.
Speculation is already swirling about just how long it will take for the jury to come up with a verdict once they get the case. Not even the most experienced lawyers are ever willing to give you a guess on how long a jury will take to decide.
We'll see.
At this pace, I'd expect the jury will have the case around 11:30. Of course, sometimes it takes a while for the judge to charge the jury. The judge will have to read through all the rules.
A class from ITT Tech School of Criminal Justice is in the courtroom today. Their professor tells me there's no better way to learn about the justice system than to see it first hand.
Ford spent the break shaking some of the students' hands. He also spoke with his daughter, and other supporters.
Speculation is already swirling about just how long it will take for the jury to come up with a verdict once they get the case. Not even the most experienced lawyers are ever willing to give you a guess on how long a jury will take to decide.
We'll see.
Scholl Wraps Up
Scholl wraps things up by saying the following:
"Ladies and gentlemen, you have been given a tremendous, tremendous challenge. You have to go back as an individual in this case," Scholl tells the jury. "Don't let the government pile on and pile on. You have the power as individual jurors to let your voice be heard. I think ... you'll find the government has not proven their case beyond a reasonable doubt."
"Ladies and gentlemen, you have been given a tremendous, tremendous challenge. You have to go back as an individual in this case," Scholl tells the jury. "Don't let the government pile on and pile on. You have the power as individual jurors to let your voice be heard. I think ... you'll find the government has not proven their case beyond a reasonable doubt."
The Threats
You'll remember the government accuses Ford of making threats against government witnesses.
Tim Willis, who worked as an undercover informant on the case, testified Ford threatened to kill him.
The conversation was recorded and played as evidence during the case.
"If you take and you go and record covnversations between me and my friends on the golf course, there's no telling what you'd hear," Scholl says.
"Listen to how things are said. Do you believe Tim Willis thinks he's threatened? Tim Willis will say anything that he gets paid to say on that witness stand," says Scholl.
"Listen to the context of the conversation. Listen to how they were talking," says Scholl. "They want to make you think this is something different."
Tim Willis, who worked as an undercover informant on the case, testified Ford threatened to kill him.
The conversation was recorded and played as evidence during the case.
"If you take and you go and record covnversations between me and my friends on the golf course, there's no telling what you'd hear," Scholl says.
"Listen to how things are said. Do you believe Tim Willis thinks he's threatened? Tim Willis will say anything that he gets paid to say on that witness stand," says Scholl.
"Listen to the context of the conversation. Listen to how they were talking," says Scholl. "They want to make you think this is something different."
Full House
The prosecution's closing argument centered heavily on replaying undercover audio and video recordings.
So far, Scholl has told the jury he does not plan on playing many tapes.
Ford is sitting quietly, while the other lawyer on his defense team nods in agreement as Scholl speaks to the jury.
The courtroom is packed. It's a full house today. Ford's family members and friends are listening intently.
Scholl keeps coming back to the same line. "Let your voice be heard. Let your voice be heard," he tells the jury once again.
So far, Scholl has told the jury he does not plan on playing many tapes.
Ford is sitting quietly, while the other lawyer on his defense team nods in agreement as Scholl speaks to the jury.
The courtroom is packed. It's a full house today. Ford's family members and friends are listening intently.
Scholl keeps coming back to the same line. "Let your voice be heard. Let your voice be heard," he tells the jury once again.
"Give me a break."
"Everything they put up there has some convenient answer," Scholl tells the jury.
"Give me a break. It's the FBI. They take him down there first class," Scholl says referring to the now infamous trip to Miami.
Scholl is once again talking about all the money the government spent on the case. He has contended that Ford did not come into this willing, that he was entrapped.
"Give me a break. It's the FBI. They take him down there first class," Scholl says referring to the now infamous trip to Miami.
Scholl is once again talking about all the money the government spent on the case. He has contended that Ford did not come into this willing, that he was entrapped.
Money Money Money
Scholl is talking about the high cost of Operation Tennessee Waltz.
He talks about FBI informant Tim Willis who was paid more than $200,000 dollars by the government for his cooperation in this case.
"John Ford is a part time legislator. He's a full time consultant," Scholl says.
"Let your voice be heard," Scholl tells the jury again.
He talks about FBI informant Tim Willis who was paid more than $200,000 dollars by the government for his cooperation in this case.
"John Ford is a part time legislator. He's a full time consultant," Scholl says.
"Let your voice be heard," Scholl tells the jury again.
"Twist it around"
"Everyone that gets on that witness stand has an axe to grind with Mr. Ford," Scholl says.
"This is the FBI. This is not a ma' and pop organization. This is big stuff," Scholl says.
He's asking the jurors to be skeptical about why the undercover agents only recorderded certain conversations.
"That's twiting it around," Scholl says.
"This is the FBI. This is not a ma' and pop organization. This is big stuff," Scholl says.
He's asking the jurors to be skeptical about why the undercover agents only recorderded certain conversations.
"That's twiting it around," Scholl says.
"Let your voice be heard."
"The government spent hundreds of thousands of dollars to create the facts and the law so that Mr. Ford would be right there," Scholl tells the jury pointing at the former senator sitting in the courtroom. "Let your voice be heard," he says.
Scholl claims the government is trying to "twist things around" that agents only recorded what they wanted to record.
"This is a tremendously important trial," Scholl says.
Scholl claims the government is trying to "twist things around" that agents only recorded what they wanted to record.
"This is a tremendously important trial," Scholl says.
Let's bring the jury in
Good morning from the courtroom. The judge has just called for the jury. We're expecting Ford's defense attorney Michael Scholl to present his closing argument here in just minutes.
Tuesday, April 24, 2007
What a day ... expect more in the morning
What a day down at court. The defense wrapped up faster than most expected, after calling only three witnesses.
John Ford did not testify.
Then there was the last minute drama over "Juror #10" who was dismissed for some reason... A reason that has yet to be made clear to the public. Ford himself told us he didn't know why she was dismissed.
Ford told us outside court he feels good and looks forward to tomorrow morning when his attorney will get his last chance at the jury.
Court starts back up at 9:30 a.m. Check back for further updates.
John Ford did not testify.
Then there was the last minute drama over "Juror #10" who was dismissed for some reason... A reason that has yet to be made clear to the public. Ford himself told us he didn't know why she was dismissed.
Ford told us outside court he feels good and looks forward to tomorrow morning when his attorney will get his last chance at the jury.
Court starts back up at 9:30 a.m. Check back for further updates.
Prosecution Finishes Closing Arguments
The prosecutor ended by telling jurors they have the power to stop public corruption.
"Only you have the power to stop this, the power to stop John Ford from doing what he did," prosecutor Tim DiScenza as he ended his closing.
The defense gets its chance for closing arguments in the morning. Court is dismissed for the day.
"Only you have the power to stop this, the power to stop John Ford from doing what he did," prosecutor Tim DiScenza as he ended his closing.
The defense gets its chance for closing arguments in the morning. Court is dismissed for the day.
"I've Got Rage"
Prosecution plays tape where an agent testified Ford threatened to kill him so there would be no witnesses. "I've got rage," Ford says on tape.
Getting Suspicious
Another cash exchange is played. "Did you see how he scooped up the money in that paper. Totally different," says prosecution. "You can tell he's still suspicious."
"Threat"
Jury hears a conversation where informant Tim Willis says Ford threatened him. "Is that a serious threat? You bet it is," says the prosecutor.
More Cash
Jurors watch more tapes. This latest one shows cash being counted in Ford's own office. Next the prosecutor talks about Ford getting suspicious.
Willing to Work
The prosecutor tells the jury, not only was Ford willing to pass the legislation, he was willing to make changes to help the sham company.
Back to Juror #10
The battery on the computer was down for a few minutes. I wanted to go back and update you about Juror Number Ten.
The juror was dismissed, although nobody in the courtroom was told why. Another juror, Number 14, has stepped up and will now help decide John Ford's fate.
You'll remember another juror was excused last week after a death in the juror's family.
The prosecutor rolls forward with his closing arguments, continuing to play undercover tapes ... showing the jury another angle where the undercover agent counts out stacks of cash and then hands the money to then Senator John Ford.
What was the money for?
"Making sure that legislation gives a competitive advantage to E-Cycle Management," says the prosecutor.
The juror was dismissed, although nobody in the courtroom was told why. Another juror, Number 14, has stepped up and will now help decide John Ford's fate.
You'll remember another juror was excused last week after a death in the juror's family.
The prosecutor rolls forward with his closing arguments, continuing to play undercover tapes ... showing the jury another angle where the undercover agent counts out stacks of cash and then hands the money to then Senator John Ford.
What was the money for?
"Making sure that legislation gives a competitive advantage to E-Cycle Management," says the prosecutor.
Who does it hurt?
Here is a portion of the tape where Ford and the undercover agent talk about the proposed legislation:
"I don't want the schools ... to get preference over us," says the undercover agent
"I would agree," says Ford
The prosecutor asks the jurors who would really be hurt if someone comes and lobbies a state lawmaker, then pays that lawmaker to pass a bill.
"The kids of this state sure would have been hurt" prosecutor Tim DiScenza says ... answering his own question.
And again ... the jurors watch the tape as the agent counts out cash. Ford takes the cash in an envelope, and puts it in his jacket pocket.
"What do you get for cutting those kids out? Just $5,000," says the prosecutor.
"I don't want the schools ... to get preference over us," says the undercover agent
"I would agree," says Ford
The prosecutor asks the jurors who would really be hurt if someone comes and lobbies a state lawmaker, then pays that lawmaker to pass a bill.
"The kids of this state sure would have been hurt" prosecutor Tim DiScenza says ... answering his own question.
And again ... the jurors watch the tape as the agent counts out cash. Ford takes the cash in an envelope, and puts it in his jacket pocket.
"What do you get for cutting those kids out? Just $5,000," says the prosecutor.
Watch This!
The prosecution continues to show jurors undercover tapes.
Right now they're watching an undercover tape shot inside the E-cycle office in downtown Memphis.
Ford and the undercover agent are on the tape talking about the legislation the government says Ford tried to pass in Nashville that would benefit the government's sham company.
The tape the jurors are watching was one of the first to be played out it the media. It's the tape where the undercover agent counts out cash, hands it to
Ford, and then the former senator is seen tucking the cash into his inside suit pocket.
It's the same tape where the undercover agent jokes that the teller at the bank joked about how much cash he was taking out, asking him if he was going shopping.
"They're not talking about movies. They're not talking about anything but PASSING THAT LEGISLATION," the prosecutor tells the jury.
"Now let's see what happens," the prosecutor tells the jury. He then plays the portion of the tape where the cash exchanges hands.
Right now they're watching an undercover tape shot inside the E-cycle office in downtown Memphis.
Ford and the undercover agent are on the tape talking about the legislation the government says Ford tried to pass in Nashville that would benefit the government's sham company.
The tape the jurors are watching was one of the first to be played out it the media. It's the tape where the undercover agent counts out cash, hands it to
Ford, and then the former senator is seen tucking the cash into his inside suit pocket.
It's the same tape where the undercover agent jokes that the teller at the bank joked about how much cash he was taking out, asking him if he was going shopping.
"They're not talking about movies. They're not talking about anything but PASSING THAT LEGISLATION," the prosecutor tells the jury.
"Now let's see what happens," the prosecutor tells the jury. He then plays the portion of the tape where the cash exchanges hands.
Prosecutor: Closing Begins
The prosecutor has begun his closing argument.
He is playing various undercover tapes that were shown throughout the trial.
"Who is the first person to mention money? Who is the first person to talk about first class?" asks the prosecutor. "Then Senator John Ford," he says.
The juorors hear another portion of the tape where Ford says, "Book me. I'm on board. Whatever we need to do. Let's move."
The prosecutor is trying to convince the jury that Ford was not entrapped, but rather he came looking for a pay-off from the FBI's sham company E-Cycle.
He is playing various undercover tapes that were shown throughout the trial.
"Who is the first person to mention money? Who is the first person to talk about first class?" asks the prosecutor. "Then Senator John Ford," he says.
The juorors hear another portion of the tape where Ford says, "Book me. I'm on board. Whatever we need to do. Let's move."
The prosecutor is trying to convince the jury that Ford was not entrapped, but rather he came looking for a pay-off from the FBI's sham company E-Cycle.
Jurror Number Ten
Juror Number Ten:
The judge has requested that juror number ten enter the courtroom. The juror is speaking with the judge privately at the bench.
She has now left the courtroom.
The judge made no mention of why the juror was called into the courtroom.
The judge has requested that juror number ten enter the courtroom. The juror is speaking with the judge privately at the bench.
She has now left the courtroom.
The judge made no mention of why the juror was called into the courtroom.
Back in Business
Both attorneys have emerged from the judge's chambers. We're now waiting for the judge and jury.
Don''t forget to watch the Watchdog
We're still waiting, and yes the "watchdog" is still watching. He'll report live on News Channel 3 First at Four.
Waiting and Wondering
It's now 3:10 p.m. Observers in the courtroom seem to be growing anxious. They're waiting ... and wondering. Speculation and rumors are starting to fly about what the judge and attorneys are discussing in the judge's chambers.
Of course the thoughts being thrown around in the courtroom right now are pure speculation, but if there is a major development, we'll keep you updated.
Of course the thoughts being thrown around in the courtroom right now are pure speculation, but if there is a major development, we'll keep you updated.
The calm before the closing
Prosecutor Tim DiScenza and John Ford's attorney Michael Scholl are in the judge's chambers. It's unclear what they're discussing. Media is not allowed.
Obvservers continue to arrive, including John Ford's brother County Commissioner Joe Ford.
We were moving right along here for awhile, but things sure have slowed down.
Obvservers continue to arrive, including John Ford's brother County Commissioner Joe Ford.
We were moving right along here for awhile, but things sure have slowed down.
Sidebar
The attorneys on both sides of the John Ford Tennessee Waltz case are talking to the judge in sidebar.
We're still waiting on the jury.
Several representatives from the government who held the first media conference to announce the Tennessee Waltz arrests, including My Harrison, are in the courtroom now.
Courtroom observers believe Ford's attorney Michael Scholl has put on the most spirited defense among the attorneys in the various Waltz trials so far.
Scholl has contended Ford accepted money from the undercover agents as consulting fees, not bribes.
Scholl painted the "Waltz" as an overzealous expensive operation, and that his client, John Ford, was entrapped.
The FBI says Ford approached them first at a dinner in Nashville.
John Ford's eldest daughter, Kimba, has just arrived in the courtroom. She has been here non-stop during the trial. She has been by her father's side, shielding him from the media's questions.
Sidebar continues.
We're still waiting on the jury.
Several representatives from the government who held the first media conference to announce the Tennessee Waltz arrests, including My Harrison, are in the courtroom now.
Courtroom observers believe Ford's attorney Michael Scholl has put on the most spirited defense among the attorneys in the various Waltz trials so far.
Scholl has contended Ford accepted money from the undercover agents as consulting fees, not bribes.
Scholl painted the "Waltz" as an overzealous expensive operation, and that his client, John Ford, was entrapped.
The FBI says Ford approached them first at a dinner in Nashville.
John Ford's eldest daughter, Kimba, has just arrived in the courtroom. She has been here non-stop during the trial. She has been by her father's side, shielding him from the media's questions.
Sidebar continues.
Court Back In Session
Court is back in session. There are more folks in the courtroom than there have been over the past several days. Everyone is anxiously awaiting closing arguments. There is some talk the government will put on a rebuttal witness first.
We'll have to wait and see.
The judge is taking care of an unrelated manner. We're waiting on the jury to return to the courtroom.
John Ford's friends and family members are in the courtroom. They appear to be relaxed, as does the former state senator himself.
The talk among observers right now is what to make of the defense only calling three witnesses.
John Ford did not testify.
We'll have to wait and see.
The judge is taking care of an unrelated manner. We're waiting on the jury to return to the courtroom.
John Ford's friends and family members are in the courtroom. They appear to be relaxed, as does the former state senator himself.
The talk among observers right now is what to make of the defense only calling three witnesses.
John Ford did not testify.
The Defense brought three people to the stand before resting. Allan Wade, William Watson and Mina Knox.
Knox is a former cheerleader for the Memphis Maniax Football Team. She testifed about how she was in Florida in July of 2004. She was on the now infamous yacht. She knew L.C. McNeil, but says she always knew him only as a music and movie producer. She never heard him talk about E-Cycle, the government's sham company.
Knox is a former cheerleader for the Memphis Maniax Football Team. She testifed about how she was in Florida in July of 2004. She was on the now infamous yacht. She knew L.C. McNeil, but says she always knew him only as a music and movie producer. She never heard him talk about E-Cycle, the government's sham company.
Defense Rests. Closing expected soon.
Closing arguments could begin in the trial as early as 1:45. We will be blogging live from the courtroom.
Check often for continuous updates.
Check often for continuous updates.
Monday, April 23, 2007
Watch "Watchdog" Mike Matthews Coverage
Mike Matthews reports from Federal Court on News Channel 3 at Noon.
Watch the Video.
Watch the Video.
Government's Timeline
Prosecutors questioned FBI agent Mark Jackson today. Jackson gave the jury a time line of the government's case against former State Senator John Ford.
John Ford and his family members left for lunch at noon, and court is now back in session.
The "Watchdog" will have live updates this afternoon on News Channel 3.
John Ford and his family members left for lunch at noon, and court is now back in session.
The "Watchdog" will have live updates this afternoon on News Channel 3.
Friday, April 20, 2007
Court dismissed
There's going to be one additional witness, but some of the information that the witness will be presenting isn't quite ready.
The judge has now excused us for the weekend...and it's only 4:30!
I think this is the first time I've seen glimpses of life in some of the jury members' eyes.
So until Monday at 9:30, I'm signing off.
The judge has now excused us for the weekend...and it's only 4:30!
I think this is the first time I've seen glimpses of life in some of the jury members' eyes.
So until Monday at 9:30, I'm signing off.
Cross-examining Davis
Scholl starts his cross-examination of Commissioner Davis by asking how Ford contacted her.
"He did not call me. He called my secretary and requested a meeting," says Davis.
She says in the analysis she looked at, the bill actually expanded the items to be surplussed - not only computers, but microwave ovens, telephones and other electronics. This is a good thing. Before only computers could be surplussed.
"It took the normal amount of time that it takes," says Davis when asked about how long it took her department to do the analysis.
Davis's department was already in the business of selling surplus items through an auction, so any competition in this area would take away from her revenue. She tells us that while she doesn't attend the senate meetings, she has people who will present a position on a bill on behalf of the department. She says these people will make an argument for or against the bill in relation to how it affects the department.
Still Davis was fair. While she might not have agreed with the bill, she did try to help E-Cycle get registed as a vendor.
"In order to contract with the State of Tennessee you have to become a registered vendor," says Davis.
Davis says the person from E-Cycle never followed up with her after they told him how to register --which of course makes sense now seeing as how E-Cycle was the FBI and they never really wanted to make the business work.
According to Davis, they introduced the E-Cycle representative to the director of the vendor department.
"She talked with him, gave him the information and we never heard from him again," says Davis.
"He did not call me. He called my secretary and requested a meeting," says Davis.
She says in the analysis she looked at, the bill actually expanded the items to be surplussed - not only computers, but microwave ovens, telephones and other electronics. This is a good thing. Before only computers could be surplussed.
"It took the normal amount of time that it takes," says Davis when asked about how long it took her department to do the analysis.
Davis's department was already in the business of selling surplus items through an auction, so any competition in this area would take away from her revenue. She tells us that while she doesn't attend the senate meetings, she has people who will present a position on a bill on behalf of the department. She says these people will make an argument for or against the bill in relation to how it affects the department.
Still Davis was fair. While she might not have agreed with the bill, she did try to help E-Cycle get registed as a vendor.
"In order to contract with the State of Tennessee you have to become a registered vendor," says Davis.
Davis says the person from E-Cycle never followed up with her after they told him how to register --which of course makes sense now seeing as how E-Cycle was the FBI and they never really wanted to make the business work.
According to Davis, they introduced the E-Cycle representative to the director of the vendor department.
"She talked with him, gave him the information and we never heard from him again," says Davis.
Commissioner Davis does not agree
Like Thursday, we are quickly going through witnesses. We are now on witness number four. Now on the stand is Gwendolyn Sims Davis.
Some of you already are familiar with Gwen Davis, but if you're not, she is the Commissioner of the State of Tennessee.
Davis remembers E-Cycle Bill 28 (the unamended version) and the discussions she had with Mr. Ford. The first discussion happened in Ford's office and she tells the court Ford inquired about the process of the disposal of computers.
If you've just tuned into the blog and don't know the history behind E-Cycle, the reason Ford was doing this was because E-Cycle was concerned that the schools got first dibs on the surplussed electronics and they didn't like that idea. E-Cycle asked Ford to check into it and see what could be done.
Ford went right to the source - Commissioner Davis. And she's one tough cookie when it comes to her department.
"I informed Senator Ford that schools got computers that were Pentium 4 and higher," says Davis.
Ford wasn't happy with this answer and told her that these computers weren't useful. He also implied some other things about Commissioner Davis that weren't exactly nice -- such as she didn't know "what the hell she was doing" and said that he would have to "come over there and run General Services for you."
"What did Ford want to do with the computers?" asked the prosecutor.
"At that time he said he didn't want them to go to the schools," says Davis.
Davis explained to him that there was a law which mandated that these computers do have to go to the schools. But her department did agree to do a bill analysis.
Mike Perry, the previous witness, did the bill analysis as per Commission Davis. This is common practice and Davis says that usually after the analysis, she approves the bills by signing it either 'yay' or 'nay'.
However, much to Ford's dismay, she was not in agreement with the E-Cycle bill.
"I considered it to be a bad bill because it would have taken revenue away from my department," says Davis.
Davis says it was unusual for her to get a call from someone who was adamant about changing a bill. She also says that shortly after their first visit, Ford called her back to his office to talk to E-Cycle. They wanted to know what needed to be done to get them signed up as a vendor.
Davis can't remember who she met with E-Cycle, but says she did tell them what steps they needed to go through to get signed up.
That's it from the prosecutors. Short and to the point.
Some of you already are familiar with Gwen Davis, but if you're not, she is the Commissioner of the State of Tennessee.
Davis remembers E-Cycle Bill 28 (the unamended version) and the discussions she had with Mr. Ford. The first discussion happened in Ford's office and she tells the court Ford inquired about the process of the disposal of computers.
If you've just tuned into the blog and don't know the history behind E-Cycle, the reason Ford was doing this was because E-Cycle was concerned that the schools got first dibs on the surplussed electronics and they didn't like that idea. E-Cycle asked Ford to check into it and see what could be done.
Ford went right to the source - Commissioner Davis. And she's one tough cookie when it comes to her department.
"I informed Senator Ford that schools got computers that were Pentium 4 and higher," says Davis.
Ford wasn't happy with this answer and told her that these computers weren't useful. He also implied some other things about Commissioner Davis that weren't exactly nice -- such as she didn't know "what the hell she was doing" and said that he would have to "come over there and run General Services for you."
"What did Ford want to do with the computers?" asked the prosecutor.
"At that time he said he didn't want them to go to the schools," says Davis.
Davis explained to him that there was a law which mandated that these computers do have to go to the schools. But her department did agree to do a bill analysis.
Mike Perry, the previous witness, did the bill analysis as per Commission Davis. This is common practice and Davis says that usually after the analysis, she approves the bills by signing it either 'yay' or 'nay'.
However, much to Ford's dismay, she was not in agreement with the E-Cycle bill.
"I considered it to be a bad bill because it would have taken revenue away from my department," says Davis.
Davis says it was unusual for her to get a call from someone who was adamant about changing a bill. She also says that shortly after their first visit, Ford called her back to his office to talk to E-Cycle. They wanted to know what needed to be done to get them signed up as a vendor.
Davis can't remember who she met with E-Cycle, but says she did tell them what steps they needed to go through to get signed up.
That's it from the prosecutors. Short and to the point.
Humphrey makes a repeat appearance
The prosecutor has now called Russell Humphrey back to the witness stand. If you remember, Humphrey was our first witness of the day and he's in charge of all the records in the Senate.
When it comes to John Ford and the bill, Humphrey says he didn't review the contents in the folder before he handed them over to the officers. He made photocopies and gave them everything he had.
Scholl is now questioning Humphrey's record keeping. It seems there was one mis-labeled bill included with the evidence. Bill 72 was in the same folder as Bill 94. Scholl wants to know if there is anything missing from the file.
"Everything that was retained in my copy of the file that I gave to the government is included in that file," says Humphrey.
That's it for Scholl. He had no further questions.
When it comes to John Ford and the bill, Humphrey says he didn't review the contents in the folder before he handed them over to the officers. He made photocopies and gave them everything he had.
Scholl is now questioning Humphrey's record keeping. It seems there was one mis-labeled bill included with the evidence. Bill 72 was in the same folder as Bill 94. Scholl wants to know if there is anything missing from the file.
"Everything that was retained in my copy of the file that I gave to the government is included in that file," says Humphrey.
That's it for Scholl. He had no further questions.
Micheal Perry...come on down
The prosecution has called Michael Perry as their next witness. Perry's job title is a mouth-full. He is the Assistant Commissioner of the State Department of General Services.
Scholl is asking Perry about surplus equipment and what they do with it.
"Someone has to determine what is useful and what is not?" asks Scholl.
As Assistant Commissioner, looking at old junkie equipment isn't Perry's job. He assumes this would be a clerical position. The State Department uses Unicore as their recycler and Perry says they put their equipment on the dock for them to come pick it up.
Perry says he never really went out to see the stuff in the warehouse, instead there was discussions and meetings with the warehouse personel.
We're now back to the fiscal note. Perry says they never changed the fiscal note on the E-Cycle bill. Instead when the bill was amended, the note was "deferred to the amendment". Perry terms this as "dismissive legislation".
Issues with the fiscal notes aren't frequent, but Perry says they probably have one during each term.
"We would attempt to workout a solution," says Perry.
"Did this bill benefit your department in it's original form?"
"No," says Perry.
"Did the amendment allow you to keep operating exactly as you are?"
"Yes," says Perry.
Scholl is asking Perry about surplus equipment and what they do with it.
"Someone has to determine what is useful and what is not?" asks Scholl.
As Assistant Commissioner, looking at old junkie equipment isn't Perry's job. He assumes this would be a clerical position. The State Department uses Unicore as their recycler and Perry says they put their equipment on the dock for them to come pick it up.
Perry says he never really went out to see the stuff in the warehouse, instead there was discussions and meetings with the warehouse personel.
We're now back to the fiscal note. Perry says they never changed the fiscal note on the E-Cycle bill. Instead when the bill was amended, the note was "deferred to the amendment". Perry terms this as "dismissive legislation".
Issues with the fiscal notes aren't frequent, but Perry says they probably have one during each term.
"We would attempt to workout a solution," says Perry.
"Did this bill benefit your department in it's original form?"
"No," says Perry.
"Did the amendment allow you to keep operating exactly as you are?"
"Yes," says Perry.
The hostile meeting with the 2nd best witness
The prosecutor has now called their second-best witness to the stand: James White. White works for the Fiscal Review Committee. So far the questions have focused on what fiscal impact a bill will have and what considerations are taken into consideration.
"We have seven fiscal analysts that work on these bills," says White. "We list the assumptions of the fiscal impact...If there is a cost to the state government, we will list the amount of that cost to implement the bill."
White says Fiscal Notes are available to the public. He admits his group has nothing to do with whether or not the bill will be passed, but does say the amount the bill will cost does play a role in the committee's vote.
Now we get to the good stuff and learn why DiScenza mentioned that White is his second-best witness...
According to White, Ford wanted to meet with him to discuss the fiscal note attached to Bill 94 -- and you know that can't be good.
White says he usually attends the meeting along with one analyst.
"It was scheduled immediately after a Senator Legislature meeting," says White. "Senator Ford invited us back to his personal office."
Ford get get right to the point. He begins the meeting by stating he thought the fiscal note was incorrect and suggests that they change the note.
"We listened to his concerns. We explained to Senator Ford the reasons we had issued the note," says White. "He insisted we were wrong."
White says Ford wanted them to revise the note.
"Senator was very aggressive in articulating his views," says White. "I wouldn't use the word hostile, but he was aggressive."
Ford wanted to have the issue resolved in this office without having the matter discussed publicly. He didn't want the 'errors' they had made to hit the public as that wouldn't look good for White's department. But that's not all. He suggested that he fire the analyst who worked on the document - the same analyst that was sitting in the chair beside White at this meeting.
After the meeting, White did take another look at note --just in case Ford happened to be right. But that wasn't the case...
"We were satisfied with the original fiscal note. It was correct," says White.
So White did not change the note. Instead Ford amended the bill. The amendment basically said they didn't have to use the recycling company if they didn't want to -giving people the option to recyle. This reduced the cost to the state and removed the fiscal note.
"We have seven fiscal analysts that work on these bills," says White. "We list the assumptions of the fiscal impact...If there is a cost to the state government, we will list the amount of that cost to implement the bill."
White says Fiscal Notes are available to the public. He admits his group has nothing to do with whether or not the bill will be passed, but does say the amount the bill will cost does play a role in the committee's vote.
Now we get to the good stuff and learn why DiScenza mentioned that White is his second-best witness...
According to White, Ford wanted to meet with him to discuss the fiscal note attached to Bill 94 -- and you know that can't be good.
White says he usually attends the meeting along with one analyst.
"It was scheduled immediately after a Senator Legislature meeting," says White. "Senator Ford invited us back to his personal office."
Ford get get right to the point. He begins the meeting by stating he thought the fiscal note was incorrect and suggests that they change the note.
"We listened to his concerns. We explained to Senator Ford the reasons we had issued the note," says White. "He insisted we were wrong."
White says Ford wanted them to revise the note.
"Senator was very aggressive in articulating his views," says White. "I wouldn't use the word hostile, but he was aggressive."
Ford wanted to have the issue resolved in this office without having the matter discussed publicly. He didn't want the 'errors' they had made to hit the public as that wouldn't look good for White's department. But that's not all. He suggested that he fire the analyst who worked on the document - the same analyst that was sitting in the chair beside White at this meeting.
After the meeting, White did take another look at note --just in case Ford happened to be right. But that wasn't the case...
"We were satisfied with the original fiscal note. It was correct," says White.
So White did not change the note. Instead Ford amended the bill. The amendment basically said they didn't have to use the recycling company if they didn't want to -giving people the option to recyle. This reduced the cost to the state and removed the fiscal note.
Who did what?
So what did Ford do to get the bill to the floor? Apparently nothing.
Under Scholl's questioning, Humphrey tells us it's the committee that votes and pushes the bill forward. The committee will also decide which amendments need to be made -- such as removing the 1-year in business clause.
In Ford's case, the e-cycle bill was motioned by Miller, seconded by Senator Cohen and then the rest of the group voted "aye" in favor of the bill.
According to the transcript, Senator Jackson even remarked that the bill was a good idea and that there is surplus property out there.
"It's incredible all the equipment that is out there," says Jackson.
So what happens if a bill is so bad, it doesn't make constitutional requirements? The answer simple -- they don't make the cut. Humphrey says the lawyers will have to correct them before they go to the Senate.
But get this...Humphrey says that Senators amending bills is rare.
"Since I've been custodian since 1999, I can't recall any other Senator amending a bill," says Humphrey.
So now let's clarify:
Can a Senator take money for any reason from a lobbyist?
"No" says Humphrey.
Under Scholl's questioning, Humphrey tells us it's the committee that votes and pushes the bill forward. The committee will also decide which amendments need to be made -- such as removing the 1-year in business clause.
In Ford's case, the e-cycle bill was motioned by Miller, seconded by Senator Cohen and then the rest of the group voted "aye" in favor of the bill.
According to the transcript, Senator Jackson even remarked that the bill was a good idea and that there is surplus property out there.
"It's incredible all the equipment that is out there," says Jackson.
So what happens if a bill is so bad, it doesn't make constitutional requirements? The answer simple -- they don't make the cut. Humphrey says the lawyers will have to correct them before they go to the Senate.
But get this...Humphrey says that Senators amending bills is rare.
"Since I've been custodian since 1999, I can't recall any other Senator amending a bill," says Humphrey.
So now let's clarify:
Can a Senator take money for any reason from a lobbyist?
"No" says Humphrey.
Is it illegal to accept money?
Senators are expected to give their opinions when talking about a bill.
"Would it be illegal for them to accept money to do this?" asks the prosecutor.
"Yes, it would..." says Humphrey.
That was Discenza's last question. Now it's time for Scholl.
He starts talking about Ford's consulting jobs. Scholl asks if there is anything illegal if the Senator is a consultant. Humphrey says no there is not. In fact, Senators are not restricted at all in what type of secondary employment they accept. Humphrey also tells the court that Senator's don't have to reveal what specific consulting projects they are working on.
Now that Scholl has that established, he wants to know exactly how many votes it takes to get a bill passed.
"It takes 17 votes to pass a bill," says Humphrey.
"So Mr.Ford could not pass a bill on his own?" asks Scholl.
"No one vote could pass a bill," says Humphrey.
"Would it be illegal for them to accept money to do this?" asks the prosecutor.
"Yes, it would..." says Humphrey.
That was Discenza's last question. Now it's time for Scholl.
He starts talking about Ford's consulting jobs. Scholl asks if there is anything illegal if the Senator is a consultant. Humphrey says no there is not. In fact, Senators are not restricted at all in what type of secondary employment they accept. Humphrey also tells the court that Senator's don't have to reveal what specific consulting projects they are working on.
Now that Scholl has that established, he wants to know exactly how many votes it takes to get a bill passed.
"It takes 17 votes to pass a bill," says Humphrey.
"So Mr.Ford could not pass a bill on his own?" asks Scholl.
"No one vote could pass a bill," says Humphrey.
The Ayes of March
Even during the Senate meetings, Ford is not safe from being recorded. Humphrey tells the court that they record all meetings. March 5, 2005 was one of these sessions.
"Ah, Sentate Bill 94 has to do with our surplus property. If, Mr. Chairman, if I could get a motion to second the bill I have had amended by the Comptroller's office," says Ford.
Ford tells the Senate what E-Cycle does. He tells them that they pick up the surplus equipment and dispose of it. He says that the amended version has a clause so vendors can bid on the surplus equipment and the compnay with the highest bid would get to have the surplus equipment.
"...May be charged a fee to dispose the equipment," says one of the members. "What if the cost of disposing the equipment costs more than the fee paid for the surplus?"
Ford doesn't think this will happen.
"Why are we requiring that someone be in business for one year prior," asks another member.
Ford says that this was put in the clause to make sure that people are following the recycling guidelines.
"I think the standards can be mandated through the contract to protect the interests of the state," says the member, rejecting Ford's statement.
The Senate votes and they decide to take out the 1-year clause. They then vote on the bill and the majority wins. In fact, there is not one "nay" in the group.
"Nine 'ayes' are going to send it to Finance Committee," says Senator Cohen who chairs this meeting.
Senator Steve Cohen, then remembers it doesn't have to go to Finance.
"Scatch that. Nine 'ayes' sends it to the floor," says Senator Cohen.
"Ah, Sentate Bill 94 has to do with our surplus property. If, Mr. Chairman, if I could get a motion to second the bill I have had amended by the Comptroller's office," says Ford.
Ford tells the Senate what E-Cycle does. He tells them that they pick up the surplus equipment and dispose of it. He says that the amended version has a clause so vendors can bid on the surplus equipment and the compnay with the highest bid would get to have the surplus equipment.
"...May be charged a fee to dispose the equipment," says one of the members. "What if the cost of disposing the equipment costs more than the fee paid for the surplus?"
Ford doesn't think this will happen.
"Why are we requiring that someone be in business for one year prior," asks another member.
Ford says that this was put in the clause to make sure that people are following the recycling guidelines.
"I think the standards can be mandated through the contract to protect the interests of the state," says the member, rejecting Ford's statement.
The Senate votes and they decide to take out the 1-year clause. They then vote on the bill and the majority wins. In fact, there is not one "nay" in the group.
"Nine 'ayes' are going to send it to Finance Committee," says Senator Cohen who chairs this meeting.
Senator Steve Cohen, then remembers it doesn't have to go to Finance.
"Scatch that. Nine 'ayes' sends it to the floor," says Senator Cohen.
Groom's side noticably missing
Being in court is kind of like attending a wedding. On one side you have the press (the bride's side) and the other side you have the family and friends of the person on trial (the groom's side). If you have ever been to a wedding or have taken the plunge, you know that whether you admit it or not, you want to be on the side that has more people. It's petty, but that's the way it is.
Sitting in a trial is the same. As the press, we sit on the right hand side and take up three to four rows out of the 6 benches available. There's a few of us techie bloggers continously typing, a couple court artists and then the reporters for the newspapers, radio and TV networks.
Throughout the trial, Ford's family has filled at least three of the rows on their side of the court. There's his girlfriend, his daughter from LA and a couple other family members - even Jake Ford has dropped by to support John. Then there's usually a few curious spectators who want to hear the trial first hand and watch the evidence with the jury. In fact, earlier this week, there were times that all of the benches on "that" side were full.
But not today. Today only five spectators have shown up and Ford's family is noticabily missing.
Where have all the Ford's gone?
Sitting in a trial is the same. As the press, we sit on the right hand side and take up three to four rows out of the 6 benches available. There's a few of us techie bloggers continously typing, a couple court artists and then the reporters for the newspapers, radio and TV networks.
Throughout the trial, Ford's family has filled at least three of the rows on their side of the court. There's his girlfriend, his daughter from LA and a couple other family members - even Jake Ford has dropped by to support John. Then there's usually a few curious spectators who want to hear the trial first hand and watch the evidence with the jury. In fact, earlier this week, there were times that all of the benches on "that" side were full.
But not today. Today only five spectators have shown up and Ford's family is noticabily missing.
Where have all the Ford's gone?
E-Cycle passes through the senate
Ford worked hard at getting this bill passed and it almost made it through all the steps before the FBI pulled the plug.
According to Humphrey, John Ford's bill was referred to the state and local government. The jacket of bill 94 (exhibit 197) shows that the primary sponsor was Senator Ford and the co-sponsors were Senator Crutchfield and Senator Jeff Miller.
Humphrey tell us that on January 31 the E-Cycle bill passed first consideration. It passed second consideration on Feb 2, 2005 and then it was referred to the state and local government committee.
"It was sent to the calendar and passed out of the committee on March 15, 2005," says Humphrey.
He says the bill appeared with an amendment. The amendment says that if amended, this bill wouldn't cost the State anything. If the bill had a cost that exceeded $100,000, the bill would have had to go to the finance committee.
"This is a very common amendment," says Humphrey.
John Ford actually created two bills. The first bill (number 28) never went down to the Senate for a vote. This was the one that E-Cycle had asked Ford to change because they wanted the vendor of preference when it come to surplus computer equipment.
According to Humphrey, John Ford's bill was referred to the state and local government. The jacket of bill 94 (exhibit 197) shows that the primary sponsor was Senator Ford and the co-sponsors were Senator Crutchfield and Senator Jeff Miller.
Humphrey tell us that on January 31 the E-Cycle bill passed first consideration. It passed second consideration on Feb 2, 2005 and then it was referred to the state and local government committee.
"It was sent to the calendar and passed out of the committee on March 15, 2005," says Humphrey.
He says the bill appeared with an amendment. The amendment says that if amended, this bill wouldn't cost the State anything. If the bill had a cost that exceeded $100,000, the bill would have had to go to the finance committee.
"This is a very common amendment," says Humphrey.
John Ford actually created two bills. The first bill (number 28) never went down to the Senate for a vote. This was the one that E-Cycle had asked Ford to change because they wanted the vendor of preference when it come to surplus computer equipment.
How the bill system works
Amidst all the sex, lies and video tape, the core of the John Ford Bribery Trial has to do with getting a bill passed -- a legislative bill for E-Cycle. Humphrey tells us how this works.
"Sometimes the Senate will draft the bill while other times they will look at bills already drafted," says Humphrey.
All bills are placed in a jacket and the senate is required to sign the jacket. Humphrey says it is then filed and sent to his office. Once received by Humphrey's office, it is given a number.
"We then go through of process of notice requirements," says Humphrey.
There are three considerations the bill has to go through. Immediately upon filing it's distributed to the public and to the press - this is called the first consideration.
It's then held until the next time the Senate is in session. At that time, the bill reaches second consideration -- this gives the public more time to know about the bill and a chance to approach their city council if they have issues. The bill then goes to the standing committee.
A standing committee is a group of senators that meet and sign bills such as the Finance Committee. Once the bill is passed to the chairman, he can start lobbying. But the Senator who proposed the bill still need to have the bill heard.
"To have a bill being hear, the Senator sponsoring the bill will contact the chairman to ask that it be put on the agenda," says Humphrey.
But - and this is the key point -- if the Senator proposing the bill doesn't get it to go through the committee the bill will die.
"Sometimes the Senate will draft the bill while other times they will look at bills already drafted," says Humphrey.
All bills are placed in a jacket and the senate is required to sign the jacket. Humphrey says it is then filed and sent to his office. Once received by Humphrey's office, it is given a number.
"We then go through of process of notice requirements," says Humphrey.
There are three considerations the bill has to go through. Immediately upon filing it's distributed to the public and to the press - this is called the first consideration.
It's then held until the next time the Senate is in session. At that time, the bill reaches second consideration -- this gives the public more time to know about the bill and a chance to approach their city council if they have issues. The bill then goes to the standing committee.
A standing committee is a group of senators that meet and sign bills such as the Finance Committee. Once the bill is passed to the chairman, he can start lobbying. But the Senator who proposed the bill still need to have the bill heard.
"To have a bill being hear, the Senator sponsoring the bill will contact the chairman to ask that it be put on the agenda," says Humphrey.
But - and this is the key point -- if the Senator proposing the bill doesn't get it to go through the committee the bill will die.
Another Witness takes the stand
And we're back...
On Thursday, four witnesses were called to stand and we may hear four more today.
We start today with Russell Andrew Humphrey. Humphrey resides in Franklin Tennessee and he's the Chief Clerk of the Tennessee Senate. Basically he's the custodian of all the records in the Senate.
While we all can't wait to find out what Humphrey has to say and why he's been called up to the stand, Descenza told the judge this morning (before the jury arrived) that his second most important witness will most likely take the stand before lunch. He didn't say who that person was, so we'll have to wait.
In the meantime, Humphrey has just identified former Senator Ford.
"He right over there. He's wearing a blue shirt and dark suit," says Humphrey.
On Thursday, four witnesses were called to stand and we may hear four more today.
We start today with Russell Andrew Humphrey. Humphrey resides in Franklin Tennessee and he's the Chief Clerk of the Tennessee Senate. Basically he's the custodian of all the records in the Senate.
While we all can't wait to find out what Humphrey has to say and why he's been called up to the stand, Descenza told the judge this morning (before the jury arrived) that his second most important witness will most likely take the stand before lunch. He didn't say who that person was, so we'll have to wait.
In the meantime, Humphrey has just identified former Senator Ford.
"He right over there. He's wearing a blue shirt and dark suit," says Humphrey.
Tuesday, April 17, 2007
Setting up payment
Scholl doesn't tell us his point, but he does move onto another exhibit and another date in August 2004. This is the meeting that takes place in McNeil's office and the two men are setting up payment.
Apparently the conversation starts recording about halfway through, so we miss the beginning. But the parts of the conversation that Scholl picks out have to do with the bribe money - only he never says the word 'bribe'.
"You tell John Ford that 'My name is on the account'," asks Scholl, referencing the audio on the video.
"Yes, that's correct."
"You don't tell him that E-Cycle is on the account."
"No."
"You talk about methods on how to pay Mr. Ford."
Again McNeil says 'yes'. He is heard saying the following on the transcript: "I'm just going to do cash. Cash is easier for everyone to deal with...Let me know in the future how you like it."
Ford agrees with accepting a cash payment at the moment.
"You offered to pay him in check also. Is that correct?" says Scholl.
"Yes," says McNeil.
Apparently the conversation starts recording about halfway through, so we miss the beginning. But the parts of the conversation that Scholl picks out have to do with the bribe money - only he never says the word 'bribe'.
"You tell John Ford that 'My name is on the account'," asks Scholl, referencing the audio on the video.
"Yes, that's correct."
"You don't tell him that E-Cycle is on the account."
"No."
"You talk about methods on how to pay Mr. Ford."
Again McNeil says 'yes'. He is heard saying the following on the transcript: "I'm just going to do cash. Cash is easier for everyone to deal with...Let me know in the future how you like it."
Ford agrees with accepting a cash payment at the moment.
"You offered to pay him in check also. Is that correct?" says Scholl.
"Yes," says McNeil.
The judge objects
"When you put together the corporate video, you got permission to use all those songs and the names of Microsoft, correct?" asks Scholl.
"No," says McNeil.
And now we're back to the lying. We already know that everything McNeil said about the music and entertainment industry is a farce. We know he's an undercover agent and we know he's playing a role -- and not himself.
But again Scholl wants to know what the truth is. He asks if McNeil gave Ford another presentation after the corporate video - one related to the music video. McNeil says yes he did, but it went along with the role that he was playing.
"Everything about the conversation about the music and your involvement in music business is untrue?" asks McNeil.
McNeil doesn't even have to answer this one, because the judge now objects. He says we already know that everything he said about the business is untrue. The witness has clarified this.
"I think it's repetitious," says Judge Breen.
Scholl says he has a point.
Well, what is it? We're waiting...
"No," says McNeil.
And now we're back to the lying. We already know that everything McNeil said about the music and entertainment industry is a farce. We know he's an undercover agent and we know he's playing a role -- and not himself.
But again Scholl wants to know what the truth is. He asks if McNeil gave Ford another presentation after the corporate video - one related to the music video. McNeil says yes he did, but it went along with the role that he was playing.
"Everything about the conversation about the music and your involvement in music business is untrue?" asks McNeil.
McNeil doesn't even have to answer this one, because the judge now objects. He says we already know that everything he said about the business is untrue. The witness has clarified this.
"I think it's repetitious," says Judge Breen.
Scholl says he has a point.
Well, what is it? We're waiting...
Wrapping up Miami
The next night, July 16, 2004, the FBI takes Ford out on the town. This night is a little less extravagant than the night before, but it's still not cheap.
The go out for dinner at a moderately priced place and then party at an up-scale night club called Benz. McNeil was the driver so he wasn't drinking. The night before, he mentioned having one drink on the boat and that's it.
None of the conversations were recorded that day, but on July 17th, McNeil put his recording device back on. He records the conversations between himself and Ford in the mall.
"They were all pertinent conversations in the mall," says Scholl.
"No, none of them were," says McNeil.
"But you recorded them?"
"Yes."
They then drive Ford back to the airport where the conversation about E-Cycle begins (Exhibit 117 and 5).
"Just what the doctor ordered," says McNeil in the car.
McNeil tells the court that Ford seemed to have a good time. During the conversation McNeil bring up E-Cycle. Ford talks about providing credibility. He
mentions several other states besides Tennessee, but he had other concerns dealing with illegal activity.
"I don't do anything that's illegal. I don't deal with anyone who does drugs, dope...," says Ford. "I don't want to be caught up with anyone who does bad business."
The go out for dinner at a moderately priced place and then party at an up-scale night club called Benz. McNeil was the driver so he wasn't drinking. The night before, he mentioned having one drink on the boat and that's it.
None of the conversations were recorded that day, but on July 17th, McNeil put his recording device back on. He records the conversations between himself and Ford in the mall.
"They were all pertinent conversations in the mall," says Scholl.
"No, none of them were," says McNeil.
"But you recorded them?"
"Yes."
They then drive Ford back to the airport where the conversation about E-Cycle begins (Exhibit 117 and 5).
"Just what the doctor ordered," says McNeil in the car.
McNeil tells the court that Ford seemed to have a good time. During the conversation McNeil bring up E-Cycle. Ford talks about providing credibility. He
mentions several other states besides Tennessee, but he had other concerns dealing with illegal activity.
"I don't do anything that's illegal. I don't deal with anyone who does drugs, dope...," says Ford. "I don't want to be caught up with anyone who does bad business."
Getting the VIP treatment
Now it gets interesting.
After the tour, McNeil didn't record any other conversations on the boat. They did take some video, but it was hard to see and there wasn't any sound.
"You didn't want that conversation recorded did you?" asks McNeil, regarding the lack of audio.
"I object," says Discenza.
The group went to Crowbar Club after the party on the yacht. For those of you who aren't familiar with the club, it's a high-end place. The drinks are expensive and they have certain areas of the club that are restricted to those that can afford certain price points.
But money was no object that night. The FBI was paying for the drinks there just like they have paid for everything else. The group, including the girls from the yacht, hung out in the VIP room.
"Mr. Ford considered himself a VIP," says McNeil.
To get into the VIP room there are certain spending requirements.
"You have to buy bottles of champagne to in," says Scholl.
"I don't know all the rules of that club," says McNeil.
Scholl wants to know how much money was spent that night and if there was a limit on what they FBI could spend.
"We had a budget, sir," says McNeil. "This investigation required money to be spent."
McNeil can't remember the exact amount, but he said several thousands of dollars were reserved for that night.
After the tour, McNeil didn't record any other conversations on the boat. They did take some video, but it was hard to see and there wasn't any sound.
"You didn't want that conversation recorded did you?" asks McNeil, regarding the lack of audio.
"I object," says Discenza.
The group went to Crowbar Club after the party on the yacht. For those of you who aren't familiar with the club, it's a high-end place. The drinks are expensive and they have certain areas of the club that are restricted to those that can afford certain price points.
But money was no object that night. The FBI was paying for the drinks there just like they have paid for everything else. The group, including the girls from the yacht, hung out in the VIP room.
"Mr. Ford considered himself a VIP," says McNeil.
To get into the VIP room there are certain spending requirements.
"You have to buy bottles of champagne to in," says Scholl.
"I don't know all the rules of that club," says McNeil.
Scholl wants to know how much money was spent that night and if there was a limit on what they FBI could spend.
"We had a budget, sir," says McNeil. "This investigation required money to be spent."
McNeil can't remember the exact amount, but he said several thousands of dollars were reserved for that night.
The riveting conversation ends
"Every bedroom has its own climate control and own TV," says Joe Carson on the boat.
After leaving the restaurant McNeil turns off the recording device until the evening. While some of us are thankful we don't have to listen to another six hours of not-quite riveting conversation, Scholl wants to clarify this.
"The trip lasts three days and two nights...You don't record any of the conversation as you walk around the hotel...You don't record any of the conversation at the Loews hotel," says Scholl.
Scholl then wants to know how many ladies McNeil invited to the party on the yacht.
"Two of them that were at that table," says McNeil.
These two women were the ones Willis knew. They are Mya and Mena and they are from Memphis. Another woman, Natasha, joined them on the boat. McNeil says he doesn't know who invited Natasha or how she arrived at the boat. She just showed up there.
It is on the boat that McNeil records a little more of the conversation.
"Every bedroom has a bathroom."
Yes, they are giving a tour of the boat (Exhibit 114 July 15, 2004) and believe it or not, it's actually more exciting than the restaurant conversation about movies. Ford must agree. While he hardly says a word at the Ritz, he at least responds during the tour.
"That one have a bathroom too?"
Scholl wants to know why McNeil didn't record anything until they got on the boat. McNeil tells us the clothes he was wearing didn't have a pocket to hide the device, but the boat had recording devices already there. Scholl wants to know what kind.
"I can't recall sir, but the boat comes equipped with recording devices," says McNeil.
After leaving the restaurant McNeil turns off the recording device until the evening. While some of us are thankful we don't have to listen to another six hours of not-quite riveting conversation, Scholl wants to clarify this.
"The trip lasts three days and two nights...You don't record any of the conversation as you walk around the hotel...You don't record any of the conversation at the Loews hotel," says Scholl.
Scholl then wants to know how many ladies McNeil invited to the party on the yacht.
"Two of them that were at that table," says McNeil.
These two women were the ones Willis knew. They are Mya and Mena and they are from Memphis. Another woman, Natasha, joined them on the boat. McNeil says he doesn't know who invited Natasha or how she arrived at the boat. She just showed up there.
It is on the boat that McNeil records a little more of the conversation.
"Every bedroom has a bathroom."
Yes, they are giving a tour of the boat (Exhibit 114 July 15, 2004) and believe it or not, it's actually more exciting than the restaurant conversation about movies. Ford must agree. While he hardly says a word at the Ritz, he at least responds during the tour.
"That one have a bathroom too?"
Scholl wants to know why McNeil didn't record anything until they got on the boat. McNeil tells us the clothes he was wearing didn't have a pocket to hide the device, but the boat had recording devices already there. Scholl wants to know what kind.
"I can't recall sir, but the boat comes equipped with recording devices," says McNeil.
Aha --we're not the only ones
We are still listening to transcripts of the guys at Ritz Carlton having dinner in Miami. We're on audio tape 4 or maybe 5 now and the jury is starting to drift off. It's sort of like being in the TV series 24, but an episode where nothing happens - yet you keep listening (in real time) because any minute something has to happen or why would Scholl show us this?
So far there is no talk of what the guys want Ford to do, E-Cycle or anything related to the undercover operation. It's casual conversation about movies and the movie business. Ford is hardly talking and it's mostly Willis and McNeil dropping names.
On this tape, the guys meet some ladies at the restaurant and they invite them to a party. Unlike the previous woman, these girls agree and the movie conversation continues.
Tim Willis tells the girls that he's McNeil's agent. This of course is not true and something Willis said to impress the girls.
Scholl then stops the tape. He asks why McNeil doesn't always record in restaurants. McNeil tells us because it's noisy or not always feasible. Yet, Scholl reminds him, he did record in a number of restaurants throughout the course of the investigation.
"But you notice there hasn't been any pertinent information revealed on any of these," says McNeil.
McNeil is referring to the tapes we've been listening to all morning and the court has to snicker. At least we're not the only ones who have no idea where Scholl is going with these tapes.
Scholl asks if McNeil decided what conversations would be pertinent during the investigation.
"I do decide when some conversations are pertinent," says McNeil.
So far there is no talk of what the guys want Ford to do, E-Cycle or anything related to the undercover operation. It's casual conversation about movies and the movie business. Ford is hardly talking and it's mostly Willis and McNeil dropping names.
On this tape, the guys meet some ladies at the restaurant and they invite them to a party. Unlike the previous woman, these girls agree and the movie conversation continues.
Tim Willis tells the girls that he's McNeil's agent. This of course is not true and something Willis said to impress the girls.
Scholl then stops the tape. He asks why McNeil doesn't always record in restaurants. McNeil tells us because it's noisy or not always feasible. Yet, Scholl reminds him, he did record in a number of restaurants throughout the course of the investigation.
"But you notice there hasn't been any pertinent information revealed on any of these," says McNeil.
McNeil is referring to the tapes we've been listening to all morning and the court has to snicker. At least we're not the only ones who have no idea where Scholl is going with these tapes.
Scholl asks if McNeil decided what conversations would be pertinent during the investigation.
"I do decide when some conversations are pertinent," says McNeil.
Where's Scholl going?
Tuesday begins with Agent LC McNeil's fourth day on the stand and Scholl's second day of cross examination. We're listening to more audio tapes of Ford down in Miami with McNeil and Willis (Exhibit 112). The conversation swings from the movie business, to women, to back to the movie business.
Scholl stops the tape when McNeil says, "You want me to handle that?" McNeil is referring to a woman the men see at the bar and are interested in getting to know a little better.
Scholl wants to know why the conversation stops and McNeil says he turned off the recording device when he went over to talk to the woman. He turned the recorder back on when he returned to the table. Scholl also wants to know if the woman agreed to party with them. McNeil says "No."
Now if you're wondering what McNeil's success rate with woman has to do with the Tennessee Waltz case, you're not alone. It's questions like these that leave many of us pondering where exactly Scholl's going --as they have nothing to do with bribes, E-Cycle or even Senator Ford. But maybe that's the purpose.
The cross examination is a series of conversations rather than a series of questions. Scholl relies on the audio tapes to tell the story about what happened instead of having McNeil recount what occurred and there are many times we are left wondering how he's going to attempt to clear Ford of the bribery charges.
So far, Scholl has not touched or approached the videos that show Ford repeatedly accepting piles of cash from McNeil. Nor has he brought up the legislation paper that Ford drafted for E-Cycle.
Instead, over the last two days, the questions Scholl asks and the transcripts he plays focus on three things:
1) Lies vs role playing:
How far can you take an undercover role before it becomes a lie?
2) FBI procedures:
Was McNeil's reporting and recording procedures sloppy or were they exclusionary?
3)Entrapment:
Did the FBI go out of their way to trap Ford in the undercover operation?
Scholl stops the tape when McNeil says, "You want me to handle that?" McNeil is referring to a woman the men see at the bar and are interested in getting to know a little better.
Scholl wants to know why the conversation stops and McNeil says he turned off the recording device when he went over to talk to the woman. He turned the recorder back on when he returned to the table. Scholl also wants to know if the woman agreed to party with them. McNeil says "No."
Now if you're wondering what McNeil's success rate with woman has to do with the Tennessee Waltz case, you're not alone. It's questions like these that leave many of us pondering where exactly Scholl's going --as they have nothing to do with bribes, E-Cycle or even Senator Ford. But maybe that's the purpose.
The cross examination is a series of conversations rather than a series of questions. Scholl relies on the audio tapes to tell the story about what happened instead of having McNeil recount what occurred and there are many times we are left wondering how he's going to attempt to clear Ford of the bribery charges.
So far, Scholl has not touched or approached the videos that show Ford repeatedly accepting piles of cash from McNeil. Nor has he brought up the legislation paper that Ford drafted for E-Cycle.
Instead, over the last two days, the questions Scholl asks and the transcripts he plays focus on three things:
1) Lies vs role playing:
How far can you take an undercover role before it becomes a lie?
2) FBI procedures:
Was McNeil's reporting and recording procedures sloppy or were they exclusionary?
3)Entrapment:
Did the FBI go out of their way to trap Ford in the undercover operation?
Monday, April 16, 2007
Rolling out the red carpet
Scholl is still cross-examining McNeil. Through the audio tapes he's choosing to show us, we learn that after numerous attempts to meet, the FBI decides to go another route - The Black Film Festival. This is happening down in Miami.
"C'mon down and take break," says McNeil in the May 20,2004 phone conversation. "Got a conference down there..."
The conference is actually the Film Festival and McNeil invites him down to check it out. This has nothing to do with E-Cycle, but to do with one of McNeil's make-believe movie ventures.
The trip is happening in mid-July.
Unlike the business meetings, Ford does show up for this event and is given the red carpet treatment. McNeil and Tim Willis pick him up in a limo at the airport, have him stay in the Ocean Hotel (located in South Beach on Ocean Drive), and they a good time on the yacht. McNeil doesn't introduce the yacht as Joe Carson's, but as a "friend's yacht". They also cruise around in a Hummer and attend a fancy party.
Based on the conversations on July 15, 2004, the party seems to be the main event of the trip. There's going to be good drinks and good women. McNeil and Willis play it up by making a few calls while Ford is in the car with them.
"Hey Patty, how you doing? The weather is beautiful down here, but not as beautiful as you," says Tim Willis during the recording. Willis proceeds to invite Patty to the party.
"You going to be able to hang, Senator?"
"Hell yeah."
Ford has a great time and after weeks of trying to get him to meet with them the connection is made. Ford's not going to forget McNeil after this - even though there was no mention of E-Cycle.
"C'mon down and take break," says McNeil in the May 20,2004 phone conversation. "Got a conference down there..."
The conference is actually the Film Festival and McNeil invites him down to check it out. This has nothing to do with E-Cycle, but to do with one of McNeil's make-believe movie ventures.
The trip is happening in mid-July.
Unlike the business meetings, Ford does show up for this event and is given the red carpet treatment. McNeil and Tim Willis pick him up in a limo at the airport, have him stay in the Ocean Hotel (located in South Beach on Ocean Drive), and they a good time on the yacht. McNeil doesn't introduce the yacht as Joe Carson's, but as a "friend's yacht". They also cruise around in a Hummer and attend a fancy party.
Based on the conversations on July 15, 2004, the party seems to be the main event of the trip. There's going to be good drinks and good women. McNeil and Willis play it up by making a few calls while Ford is in the car with them.
"Hey Patty, how you doing? The weather is beautiful down here, but not as beautiful as you," says Tim Willis during the recording. Willis proceeds to invite Patty to the party.
"You going to be able to hang, Senator?"
"Hell yeah."
Ford has a great time and after weeks of trying to get him to meet with them the connection is made. Ford's not going to forget McNeil after this - even though there was no mention of E-Cycle.
Trying to get together
McNeil can't remember when they first developed the idea of the Black Film Festival down in Miami. He thinks it might be the middle of April or the beginning of May.
Mr. Willis was asked by the FBI to bring it up with Ford. At this time, Mr. Willis had no idea what was going on or the role John Ford was going to play in the undercover operation. He was instructed to contact him and deliver a birthday gift on behalf of McNeil and the E-Cycle company on May 3, 2004.
LC McNeil gives Ford a call on May 6th (Exhibit 105). The excuse is to see if Ford got the gift he sent for his birthday. McNeil tries to set up a meeting but Ford is busy. Every time McNeil tries to set up a time, Ford says he's in Nashville or some other place. He tries to see if he's going to the Memphis in May BBQ. Ford thinks he might be in Nashville again.
"What's the issue?" asks Ford, after a while.
McNeil talks about some sort of legislation project going down in Washington, DC.
"What kind of business you in?" asks Ford.
Even though they had met, McNeil says that Ford didn't know who he was talking to at that time. They don't confirm an official meeting date at this time. McNeil tells the court that he didn't see Ford at the BBQ. But he does run into him someplace else...
It's now May 13, 2004, and McNeil is in the lobby of the Madison hotel. While he was recording everything that's going on, McNeil says running into Ford in the hotel lobby was an accident.
"Are you going to be here this weekend?" asks McNeil.
"Yeah, I just got back in town," says Ford
"Who do you represent?" asks Ford. Again as if Ford didn't know who he was with and he asks for another business card.
"Let's get together. We got something going on down in Florida that you might be interested in," says McNeil.
McNeil tells us that the Florida venture was in reference to the Black Film Festival.
McNeil calls Ford again the next day. Ford is again busy.
"Who is this?"
"LC McNeil"
McNeil tries some talk, but Ford cuts him off.
"Don't talk to me, just tell me what it is."
McNeil wants to know if Ford is going to the BBQ, but Ford's not going because it's raining. They schedule a tenative meeting, but it doesn't happen.
Mr. Willis was asked by the FBI to bring it up with Ford. At this time, Mr. Willis had no idea what was going on or the role John Ford was going to play in the undercover operation. He was instructed to contact him and deliver a birthday gift on behalf of McNeil and the E-Cycle company on May 3, 2004.
LC McNeil gives Ford a call on May 6th (Exhibit 105). The excuse is to see if Ford got the gift he sent for his birthday. McNeil tries to set up a meeting but Ford is busy. Every time McNeil tries to set up a time, Ford says he's in Nashville or some other place. He tries to see if he's going to the Memphis in May BBQ. Ford thinks he might be in Nashville again.
"What's the issue?" asks Ford, after a while.
McNeil talks about some sort of legislation project going down in Washington, DC.
"What kind of business you in?" asks Ford.
Even though they had met, McNeil says that Ford didn't know who he was talking to at that time. They don't confirm an official meeting date at this time. McNeil tells the court that he didn't see Ford at the BBQ. But he does run into him someplace else...
It's now May 13, 2004, and McNeil is in the lobby of the Madison hotel. While he was recording everything that's going on, McNeil says running into Ford in the hotel lobby was an accident.
"Are you going to be here this weekend?" asks McNeil.
"Yeah, I just got back in town," says Ford
"Who do you represent?" asks Ford. Again as if Ford didn't know who he was with and he asks for another business card.
"Let's get together. We got something going on down in Florida that you might be interested in," says McNeil.
McNeil tells us that the Florida venture was in reference to the Black Film Festival.
McNeil calls Ford again the next day. Ford is again busy.
"Who is this?"
"LC McNeil"
McNeil tries some talk, but Ford cuts him off.
"Don't talk to me, just tell me what it is."
McNeil wants to know if Ford is going to the BBQ, but Ford's not going because it's raining. They schedule a tenative meeting, but it doesn't happen.
It takes two to brag
We're still on the same night (April 20, 2004) in the same restaurant. Based on what we've heard, McNeil has spent most of the night bragging about his connections in the entertainment business and John has been listening. But that's all about to change as it's now time for Ford to strut his stuff.
In Exhibit 103, Ford starts telling McNeil what he does. He sells insurance, he's a senator, he's a business man. He's even got family contacts who have businesses. He talks about his brother Harold and all the contracts he's got going on. But most of all, Ford is a consultant.
"In fact, I have some contracts that have to do with the county and city, and nothing to do with the state," say Ford.
Scholl asks McNeil if he filled out a report for that evening. McNeil admits that even though he spent hours and hours with Ford, he didn't fill out a report.
On April 29 (Exhibit 104) McNeil calls Ford at 3:30 pm. Ford tells him he's busy, but they still have a short conversation. They decided to meet up during Memphis in May. McNeil is going to pick him up some tickets for a concert.
In Exhibit 103, Ford starts telling McNeil what he does. He sells insurance, he's a senator, he's a business man. He's even got family contacts who have businesses. He talks about his brother Harold and all the contracts he's got going on. But most of all, Ford is a consultant.
"In fact, I have some contracts that have to do with the county and city, and nothing to do with the state," say Ford.
Scholl asks McNeil if he filled out a report for that evening. McNeil admits that even though he spent hours and hours with Ford, he didn't fill out a report.
On April 29 (Exhibit 104) McNeil calls Ford at 3:30 pm. Ford tells him he's busy, but they still have a short conversation. They decided to meet up during Memphis in May. McNeil is going to pick him up some tickets for a concert.
The fine art of seduction
Scholl continues his cross-examination with McNeil by showing how the relationship evolved and how Ford got involved in the sting - even though he already said he was too busy.
Based on the taped conversations Scholl chooses to play, when it comes to seducing Ford, the FBI doesn't do it through E-Cycle and their business plan, but through entertainment.
We're now listening to another segment of the same April 20, 2004 conversation (Exhibit 99) between McNeil and Ford in a restaurant.
McNeil continues to drop names such as James Brown and Lionel Richie, and how he's dedicated to get the job done when it comes to film and music. He tells Ford he'll stay up to four in the morning and do whatever it takes.
"I like what I do," says McNeil during the recording.
When questioned about this, McNeil says it was "for the role he was playing" and not true. He doesn't work in the music industry and never worked on any of the movies that he mentions.
So far, McNeil has not brought up E-Cycle at all.
"Do you know what I'm talking about when I say 'braggin'? asks Scholl.
"Yes I do," says McNeil.
McNeil admits that he hyped himself up in some of the conversations with Ford because that was part of the 'role'. While he does have a Porshe and has been in private jets, he's never worked with the celebrities he talks about with Ford.
Based on the taped conversations Scholl chooses to play, when it comes to seducing Ford, the FBI doesn't do it through E-Cycle and their business plan, but through entertainment.
We're now listening to another segment of the same April 20, 2004 conversation (Exhibit 99) between McNeil and Ford in a restaurant.
McNeil continues to drop names such as James Brown and Lionel Richie, and how he's dedicated to get the job done when it comes to film and music. He tells Ford he'll stay up to four in the morning and do whatever it takes.
"I like what I do," says McNeil during the recording.
When questioned about this, McNeil says it was "for the role he was playing" and not true. He doesn't work in the music industry and never worked on any of the movies that he mentions.
So far, McNeil has not brought up E-Cycle at all.
"Do you know what I'm talking about when I say 'braggin'? asks Scholl.
"Yes I do," says McNeil.
McNeil admits that he hyped himself up in some of the conversations with Ford because that was part of the 'role'. While he does have a Porshe and has been in private jets, he's never worked with the celebrities he talks about with Ford.
To catch a Senator
With this trial it's all about listening - listening to audio tapes and phone conversations. And if you can weed out all the white noise and background conversations of other diners, you'll learn that it's not always what's being said on the tapes that's important.
Right now we're listening to a conversation that took place on April 19, 2004. At this point, John Ford is still a Senator and has not yet become involved in the sting. Ford is doing the listening and McNeil is giving the E-Cycle sales pitch.
When McNeil is done, Ford tells him while it sounds like a good idea, he's not quite sold.
"I just don't have the time to do it," says Ford.
Ford continues to tell McNeil that he has too many businesses right now, the E-Cycle project would take up five months of his time and he just doesn't have the time to do it. He then goes on to say the has other obligations. He's got children - young ones and others in college.
Ford doesn't commit to the project at this time, but according to Scholl, the FBI wasn't ready to give up on him. The next day McNeil paid a visit to Ford's office.
"You sure look busy," says McNeil on the tape. "Stacks of paper..."
Ford is too busy to talk to McNeil at this time, but agrees to meet him that night for dinner. Scholl says the conversation revolved around the movie and entertainment business that night and had little to do with E-Cycle. McNeil says he can't remember ---so it's a good thing, they got it on tape.
On the recording, McNeil tells Ford about the work he has on the go in music business. He tells him that he has some deals going through with American Idol and stacks of CDs on his desk.
Scholl asks McNeil if this was actually true and these deals really did exist. McNeil anwsers that "No" this wasn't true.
"You can't trust anyone in business," says Ford later that night.
Seems he was right.
Right now we're listening to a conversation that took place on April 19, 2004. At this point, John Ford is still a Senator and has not yet become involved in the sting. Ford is doing the listening and McNeil is giving the E-Cycle sales pitch.
When McNeil is done, Ford tells him while it sounds like a good idea, he's not quite sold.
"I just don't have the time to do it," says Ford.
Ford continues to tell McNeil that he has too many businesses right now, the E-Cycle project would take up five months of his time and he just doesn't have the time to do it. He then goes on to say the has other obligations. He's got children - young ones and others in college.
Ford doesn't commit to the project at this time, but according to Scholl, the FBI wasn't ready to give up on him. The next day McNeil paid a visit to Ford's office.
"You sure look busy," says McNeil on the tape. "Stacks of paper..."
Ford is too busy to talk to McNeil at this time, but agrees to meet him that night for dinner. Scholl says the conversation revolved around the movie and entertainment business that night and had little to do with E-Cycle. McNeil says he can't remember ---so it's a good thing, they got it on tape.
On the recording, McNeil tells Ford about the work he has on the go in music business. He tells him that he has some deals going through with American Idol and stacks of CDs on his desk.
Scholl asks McNeil if this was actually true and these deals really did exist. McNeil anwsers that "No" this wasn't true.
"You can't trust anyone in business," says Ford later that night.
Seems he was right.
Girls, girls, girls...
Ford and McNeil spent a lot of time entertaining in restaurants and bars, but these weren't always spent one-on-one. There were a number of girls who frequently hung out with the men. Now before you start thinking of 007 Bond girls, stop...none of these women are undercover FBI agents. They just happened to meet the men during the undercover operation.
Mena and Natasha are two girls that the men met down in Miami at the Black Film Festival. They often join the guys for dinner. You never hear these women on tape. It seems that whenever the girls are with them, the conversations aren't recorded.
There is also one other person: Alana.
Alana also hangs out with McNeil. She is not only the person that Ford suspects is an informant; he also has problems with her running up his credit cards with thousands of dollars.
Mena and Natasha are two girls that the men met down in Miami at the Black Film Festival. They often join the guys for dinner. You never hear these women on tape. It seems that whenever the girls are with them, the conversations aren't recorded.
There is also one other person: Alana.
Alana also hangs out with McNeil. She is not only the person that Ford suspects is an informant; he also has problems with her running up his credit cards with thousands of dollars.
McNeil and the Ticket King
McNeil and Ford spend a lot of time talking about tickets to concerts and games. In a recorded conversation, we hear McNeil call up Ford and ask if could get tickets to an event.
Scholl asks if McNeil often asked Ford for free tickets. McNeil sidesteps the answer and responds with:
"I did not ask him, but when he made the offer that he could obtain tickets, I took him up on it," says McNeil. "...he got the tickets all by himself."
McNeil says going to concerts was an opportunity to spend time to him.
According to McNeil, the two went to Tigers games and an Usher concert.
"I did go to Usher concert," says McNeil. "There were several young ladies, Mr. Ford and one of his family members, I believe."
After the alleged threats at the Peabody, the two of them attended a Miami heat game together. The conversation during the game was not recorded. McNeil says he did not bring a date, but a girl met him later on that evening.
Scholl asks if McNeil often asked Ford for free tickets. McNeil sidesteps the answer and responds with:
"I did not ask him, but when he made the offer that he could obtain tickets, I took him up on it," says McNeil. "...he got the tickets all by himself."
McNeil says going to concerts was an opportunity to spend time to him.
According to McNeil, the two went to Tigers games and an Usher concert.
"I did go to Usher concert," says McNeil. "There were several young ladies, Mr. Ford and one of his family members, I believe."
After the alleged threats at the Peabody, the two of them attended a Miami heat game together. The conversation during the game was not recorded. McNeil says he did not bring a date, but a girl met him later on that evening.
More deadly threats - maybe
"You ain't going to shoot nobody," says McNeil in a audio transcript in April.
"I'd shoot that mother******," says Ford.
"You ain't going to shoot nobody," repeats McNeil.
"I don't want to shoot you," says Ford.
The two men are having drinks at the Peabody hotel. Ford is concerned that someone is out to get him and he doesn't like to be double crossed.
Scholl now goes back to the whispered threats that were discussed on Friday (see the "Careless Whispers at the Peabody" blog entry). In court on Friday, McNeil said while we can't hear what was said during the whispered statements, it was during that time Ford was threatening him.
"What?" says McNeil in response to Ford's whispers.
"You heard me. I won't say it too loud," says Ford.
So what Ford whispering that he didn't want people to hear?
McNeil told the jury on Friday that he was talking about killing someone and McNeil felt that person was him. But Scholl challenges this.
"That's not what you put in your 302 report," says Scholl.
Scholl's right. While McNeil mentions that Ford says many times "what he would do to a Mother****", he admits he couldn't clearly hear what the subject was saying.
McNeil also admits that while back-up was within a block away, he did not call them in or place a warning call.
"I'd shoot that mother******," says Ford.
"You ain't going to shoot nobody," repeats McNeil.
"I don't want to shoot you," says Ford.
The two men are having drinks at the Peabody hotel. Ford is concerned that someone is out to get him and he doesn't like to be double crossed.
Scholl now goes back to the whispered threats that were discussed on Friday (see the "Careless Whispers at the Peabody" blog entry). In court on Friday, McNeil said while we can't hear what was said during the whispered statements, it was during that time Ford was threatening him.
"What?" says McNeil in response to Ford's whispers.
"You heard me. I won't say it too loud," says Ford.
So what Ford whispering that he didn't want people to hear?
McNeil told the jury on Friday that he was talking about killing someone and McNeil felt that person was him. But Scholl challenges this.
"That's not what you put in your 302 report," says Scholl.
Scholl's right. While McNeil mentions that Ford says many times "what he would do to a Mother****", he admits he couldn't clearly hear what the subject was saying.
McNeil also admits that while back-up was within a block away, he did not call them in or place a warning call.
The Wal-Mart of tickets
Even though McNeil said he felt threatened by Ford, he still called him up to go places that weren't business related.
Defense Attorney Scholl plays for the court a taped conversation from April 7, 2005. In this conversation, the two make dinner arrangments to meet up at the Peabody and then made they reference to a future trip that they'd be going together to Miami.
In Exhibit 84a, Ford talks about getting tickets to an upcoming Miami Heat game. McNeil's voice gets excited and it's clear he's interested in the game. Ford offers to get McNeil some tickets to game too and they agree to go together.
According to McNeil this wasn't uncommon. He often accepted free tickets from Ford or would go with him to these types of events.
"He said he was the Wal-Mart of getting tickets to events," says McNeil.
Most of the time Ford made the offer and the agent would accept. Although he says he usually didn't request tickets himself.
Defense Attorney Scholl plays for the court a taped conversation from April 7, 2005. In this conversation, the two make dinner arrangments to meet up at the Peabody and then made they reference to a future trip that they'd be going together to Miami.
In Exhibit 84a, Ford talks about getting tickets to an upcoming Miami Heat game. McNeil's voice gets excited and it's clear he's interested in the game. Ford offers to get McNeil some tickets to game too and they agree to go together.
According to McNeil this wasn't uncommon. He often accepted free tickets from Ford or would go with him to these types of events.
"He said he was the Wal-Mart of getting tickets to events," says McNeil.
Most of the time Ford made the offer and the agent would accept. Although he says he usually didn't request tickets himself.
Threatening situations
McNeil told us last week that Ford threatened him on March 10, 2005. For those of you who don't feel like going back through all the previous blogs, here's the short version: According to McNeil, Ford threatened to shoot anyone who was out to get him so there wouldn't be any witnesses. McNeil felt the threat was directed at him. He also said the threat occurred in a Memphis restaurant.
Scholl asked McNeil this morning if this is correct. He said yes. The reason Scholl's asking is because unlike many of the other conversations between the two men, the threat was not recorded. Instead, there's only the agent's word, so it's open to interpretation.
Scholl then asked if it was just him and Ford at the table. Surprisingly the answer is no, there was someone else at lunch with them - Mr. Howard. Last week, McNeil didn't mention this other person at the table, but I suppose it doesn't matter. Apparently Mr. Howard didn't hear the threat, because he happened to be away from the table at the time.
Scholl then brings up Scholl's FBI report. In the report the threat occurred, but it didn't occur in the restaurant. It happened in the vehicle on the way to the E-Cycle office. Now...which is correct? Did it happen in the car or the restaurant?
McNeil says the threat began in the restaurant. He says Ford was concerned that someone was trying to set him up. The conversation moved onto other subjects, but McNeil says when they got back to the car, Ford continued to talk about someone who was setting him up. He told McNeil he would shoot them so that there would be no witnesses.
Even though McNeil can record conversations in the car, this one was not recorded. Scholl then wants to know the following:
"Did Mr Ford pat you down?"
"No"
"Did he show you a gun?"
"No"
McNeil is 6'1' and 220lbs.
Scholl asked McNeil this morning if this is correct. He said yes. The reason Scholl's asking is because unlike many of the other conversations between the two men, the threat was not recorded. Instead, there's only the agent's word, so it's open to interpretation.
Scholl then asked if it was just him and Ford at the table. Surprisingly the answer is no, there was someone else at lunch with them - Mr. Howard. Last week, McNeil didn't mention this other person at the table, but I suppose it doesn't matter. Apparently Mr. Howard didn't hear the threat, because he happened to be away from the table at the time.
Scholl then brings up Scholl's FBI report. In the report the threat occurred, but it didn't occur in the restaurant. It happened in the vehicle on the way to the E-Cycle office. Now...which is correct? Did it happen in the car or the restaurant?
McNeil says the threat began in the restaurant. He says Ford was concerned that someone was trying to set him up. The conversation moved onto other subjects, but McNeil says when they got back to the car, Ford continued to talk about someone who was setting him up. He told McNeil he would shoot them so that there would be no witnesses.
Even though McNeil can record conversations in the car, this one was not recorded. Scholl then wants to know the following:
"Did Mr Ford pat you down?"
"No"
"Did he show you a gun?"
"No"
McNeil is 6'1' and 220lbs.
McNeil: Friend or Foe
After over two days on being interviewed by the prosecutor, Defense attorney Micheal Scholl finally has the opportunity to cross-examine the undercover agent.
Many of us in the courtroom have been wondering what Scholl is going to ask and what aspects from the over 80 audio and video tapes he's going to focus on. Would it be the bribe money? Would it be the legislation document? Would it be the type of recordings and invasion of privacy?
Turns out Scholl starts by attacking the relationship between Ford and McNeil. And he begins with the two Miami trips.
He wants to know why on those particular trips, there are only a few recordings. He wants to know why not every conversation was recorded. He wants to know what happened when the tapes were off. How come he doesn't record the social events he does with Ford?
McNeil says they only recorded conversations that would be pertinent to the investigation.
He then wants to know if the things he tells Ford are true. For example, McNeil often talks about his son and his dog. Does he really have these things? The answer is "no".
"The role is fitting for the investigation," says McNeil when asked why he told Ford these stories.
Scholl wants to know if that means he was lying. McNeil admits that "it's not totally the truth."
"If you're not telling the truth, you're lying. Is that correct?" asks Scholl.
What Scholl is getting at was that Ford thought McNeil was a friend, not just a business associate. The two men partied together, they double-dated, they went to dinner together, they went to the beach -- Ford even invited the man to his home and introduced him to his family. They spent a lot of time together.
McNeil says he was never really a friend; was playing a role.
Many of us in the courtroom have been wondering what Scholl is going to ask and what aspects from the over 80 audio and video tapes he's going to focus on. Would it be the bribe money? Would it be the legislation document? Would it be the type of recordings and invasion of privacy?
Turns out Scholl starts by attacking the relationship between Ford and McNeil. And he begins with the two Miami trips.
He wants to know why on those particular trips, there are only a few recordings. He wants to know why not every conversation was recorded. He wants to know what happened when the tapes were off. How come he doesn't record the social events he does with Ford?
McNeil says they only recorded conversations that would be pertinent to the investigation.
He then wants to know if the things he tells Ford are true. For example, McNeil often talks about his son and his dog. Does he really have these things? The answer is "no".
"The role is fitting for the investigation," says McNeil when asked why he told Ford these stories.
Scholl wants to know if that means he was lying. McNeil admits that "it's not totally the truth."
"If you're not telling the truth, you're lying. Is that correct?" asks Scholl.
What Scholl is getting at was that Ford thought McNeil was a friend, not just a business associate. The two men partied together, they double-dated, they went to dinner together, they went to the beach -- Ford even invited the man to his home and introduced him to his family. They spent a lot of time together.
McNeil says he was never really a friend; was playing a role.
Putting legislation on hold
"Did you take care of that for me?" asks McNeil.
In Exhibit 64 (audio), McNeil double checks that Ford put the legislation on hold. He did.
This was important because the FBI could not allow the legislation to hit the Senate floor and be passed into law. Ford had already helped them write the document, get co-sponsors and get moving so far into the Senate, that it was almost ready to go to a vote. This was a problem for the FBI. They needed Ford to hold off so they could gather more evidence.
Ford does put the legislation on hold as asked. Of course, he has no idea that he's digging his own grave as he does this. Instead, he thinks it's because McNeil is working out an ownership issue with his partner.
But Ford is no fool. He knows something is up and that someone is out to get him - only he doesn't suspect McNeil. He's still convinced that Alana Turner is the informant.
In Exhibit 64 (audio), McNeil double checks that Ford put the legislation on hold. He did.
This was important because the FBI could not allow the legislation to hit the Senate floor and be passed into law. Ford had already helped them write the document, get co-sponsors and get moving so far into the Senate, that it was almost ready to go to a vote. This was a problem for the FBI. They needed Ford to hold off so they could gather more evidence.
Ford does put the legislation on hold as asked. Of course, he has no idea that he's digging his own grave as he does this. Instead, he thinks it's because McNeil is working out an ownership issue with his partner.
But Ford is no fool. He knows something is up and that someone is out to get him - only he doesn't suspect McNeil. He's still convinced that Alana Turner is the informant.
Back to business
With the jury problem now under control, we immediately plunge back into the trial.
Undercover Agent McNeil is on the stand and is still being interviewed by the prosecutor. We listen to exhibit 63. Ford again accepts another $5000 during this transcript, but because it doesn't take place in the office, the FBI wasn't able to capture it on camera.
Last week we learned that according to McNeil, Ford was growing suspicious that someone was out to frame him. We had watched a video where Ford kept checking the windows and pictures as if looking for a camera. He still accepted a bribe that day, but picked up by hiding it in a newspaper.
That was the last time he accepted the FBI's money in that office.
Based on the questions so far today, the prosecutor is focusing on Ford's growing nervousness of the situation. When asked about Ford's behavior, McNeil first said Ford was acting "nervous and paranoid". But the word "paranoid" was later struck from the record.
Undercover Agent McNeil is on the stand and is still being interviewed by the prosecutor. We listen to exhibit 63. Ford again accepts another $5000 during this transcript, but because it doesn't take place in the office, the FBI wasn't able to capture it on camera.
Last week we learned that according to McNeil, Ford was growing suspicious that someone was out to frame him. We had watched a video where Ford kept checking the windows and pictures as if looking for a camera. He still accepted a bribe that day, but picked up by hiding it in a newspaper.
That was the last time he accepted the FBI's money in that office.
Based on the questions so far today, the prosecutor is focusing on Ford's growing nervousness of the situation. When asked about Ford's behavior, McNeil first said Ford was acting "nervous and paranoid". But the word "paranoid" was later struck from the record.
One juror down
Court started today with an unexpected situation. One of the members of the jury had a death in the family and wanted to be excused from the trial.
The man was asked to approach the bench and told the judge his mother passed away last night in Jonesboro. After listening to the situation, the judge allowed him to be excused from the trial.
Juror number 13 was asked to replace him. If you remember back to the jury selection, juror number 13 was the one that took the prosecutor's and defense the longest to decide upon. They had gone through at least seven possible candidates before choosing this particular woman as an alternate. She has now been moved from being an alternate to one of the main 12 jurors.
The man was asked to approach the bench and told the judge his mother passed away last night in Jonesboro. After listening to the situation, the judge allowed him to be excused from the trial.
Juror number 13 was asked to replace him. If you remember back to the jury selection, juror number 13 was the one that took the prosecutor's and defense the longest to decide upon. They had gone through at least seven possible candidates before choosing this particular woman as an alternate. She has now been moved from being an alternate to one of the main 12 jurors.
Friday, April 13, 2007
Careless whispers at the Peabody
It's now 5pm and we're listening to the last piece of evidence of the day. It's an audio conversation of Ford and McNeil while they have drinks at that Peabody Hotel.
McNeil starts off the conversation by bringing up his business partner Joe Carson.
"He's [Joe] wasn't really into it," says McNeil. "He was concerned about the bad press you were getting."
Ford defends himself by telling McNeil not to worry about it. He's still the man. He may not do this all the time, but when he does do this type of work, he's successful.
After some small talk, McNeil lays out a business proposition for Ford.
"Tell me what you think about this. You think it's a problem let me know. What I'd like to see if you want to keep doing this until next year," says McNeil.
"I don't mind doing that. Don't have to talk about it," says Ford.
Ford then says something we can't hear. McNeil tells the court that Ford whispered that he didn't have a problem killing someone. McNeil says he felt threatened. He says he laughed at the comment because he didn't want to excite him even more.
They continue talking and John calms down. I'm not going to put too many quotes because while Ford is a talker, he uses a lot of words I can't put in this blog.
Later on McNeil makes mention of money.
"You can either slide over and we can finish this drink. Or you can give me a call later so I can give you something," say McNeil.
McNeil says he doesn't like to carry around that much cash.
The keep talking and Ford ends the conversation with...
"When they make women* a state or a federal crime, then I'd go to jail happy," says Ford.
* word substituted for a 'cleaner' version
McNeil starts off the conversation by bringing up his business partner Joe Carson.
"He's [Joe] wasn't really into it," says McNeil. "He was concerned about the bad press you were getting."
Ford defends himself by telling McNeil not to worry about it. He's still the man. He may not do this all the time, but when he does do this type of work, he's successful.
After some small talk, McNeil lays out a business proposition for Ford.
"Tell me what you think about this. You think it's a problem let me know. What I'd like to see if you want to keep doing this until next year," says McNeil.
"I don't mind doing that. Don't have to talk about it," says Ford.
Ford then says something we can't hear. McNeil tells the court that Ford whispered that he didn't have a problem killing someone. McNeil says he felt threatened. He says he laughed at the comment because he didn't want to excite him even more.
They continue talking and John calms down. I'm not going to put too many quotes because while Ford is a talker, he uses a lot of words I can't put in this blog.
Later on McNeil makes mention of money.
"You can either slide over and we can finish this drink. Or you can give me a call later so I can give you something," say McNeil.
McNeil says he doesn't like to carry around that much cash.
The keep talking and Ford ends the conversation with...
"When they make women* a state or a federal crime, then I'd go to jail happy," says Ford.
* word substituted for a 'cleaner' version
Too close for comfort
Even though Ford was suspicious, the bill was still moving forward. Ford is efficient in getting the bill moving. It was about to go to a floor vote and now the FBI needed to pull things back.
In a quick phone conversation on March 15th, 2005, we hear the following:
"We passed the bill out of the committee today. It's going to the floor on Monday," says Ford.
Ford was in a hurry to get off the phone. He said he was on his cell and didn't like to talk to long on the phone --a little weird as we see Ford always on his cell phone talking to someone. Ford tries to get off the phone, but McNeil stresses that he really needs to talk to him and to call him as soon as he can.
When asked "why" by the prosecutor, McNeil said he needed to talk to him, because the bill could not go to the floor for a full vote. It was part of the FBI policy not to let it go to the floor and become a law. He needed to come up with a way to get it delayed.
On March 17 (Exhibit 58), McNeil uses the excuse that he wanted to become a sole business owner of E-Cycle and wanted to wait until that happened before the bill went to the floor. He tells Ford to get them to hold it until the 10th or 15th of April.
In a quick phone conversation on March 15th, 2005, we hear the following:
"We passed the bill out of the committee today. It's going to the floor on Monday," says Ford.
Ford was in a hurry to get off the phone. He said he was on his cell and didn't like to talk to long on the phone --a little weird as we see Ford always on his cell phone talking to someone. Ford tries to get off the phone, but McNeil stresses that he really needs to talk to him and to call him as soon as he can.
When asked "why" by the prosecutor, McNeil said he needed to talk to him, because the bill could not go to the floor for a full vote. It was part of the FBI policy not to let it go to the floor and become a law. He needed to come up with a way to get it delayed.
On March 17 (Exhibit 58), McNeil uses the excuse that he wanted to become a sole business owner of E-Cycle and wanted to wait until that happened before the bill went to the floor. He tells Ford to get them to hold it until the 10th or 15th of April.
Somebody's out to get me
On March 10, 2005, McNeil says he did not wear a recorder to a restaurant meeting with Ford because he heard information from that field that Ford was becoming suspicious.
"He could possible pat me down. He seemed nervous and was suspicous that someone was setting him up," says McNeil when asked why he chose not to record the meeting.
While we didn't hear the conversation at the restaurant, McNeil said Ford was different. He was nervous. He was not as calm and his conversation was guarded. McNeil says that Ford thought someone was setting him up.
According to McNeil, Ford told him quote - "I would kill someone so there'll be no witnesses."
McNeil says he felt threatened and thought Ford was referring to him.
On the same day, Ford meets with McNeil in his office. Of course, he's now on camera and we can see for ourselves that Ford is different. First of all, he does not sit down during the whole meeting, instead he stays as far away from the desk as possible and keeps looking out the window.
"He did not sit down. He was looking at the walls. He was cautious and guarded," says McNeil while in court.
McNeil tries to reel Ford back and regain his confidence by talking about movies. When that doesn't work, he challenges Ford's effectiveness by saying he's concerned the bad press Ford's getting with other issues will affect the bill.
Ford still stands, but starts to whisper. According to McNeil and the other videos we've seen, this is unusual.
"I'm not mad angry or upset, cuz I don't get mad at folks," says Ford. "Let me tell you this. I can walk in the room and get more done than 10 mother*** can."
Ford's concerned about Alana Turner. He thinks she could be working for somebody and makes a reference that she could be an informant working for the FBI. McNeil tells the court today that Turner wasn't an informant.
McNeil still pays Ford $5000 that day, but that particular day Ford stopped McNeil from counting the money out.
"What's with the holes by this picture here?" asks Ford.
Ford kept looking at a picture at the wall. McNeil think Ford might have thought a camera was hidden there. Ford is so far from the desk that he's out of the frame for much of the video. He avoids the chairs in front of the desk the entire time.
"I counted fifty $100 dollar bills. I placed them in an envelop and put it on the edge of the desk. At the end of the meeting, Ford walked over with a newspaper and picked up the money with the paper," says McNeil.
After that day, Ford never accepted another payment in an office.
"He could possible pat me down. He seemed nervous and was suspicous that someone was setting him up," says McNeil when asked why he chose not to record the meeting.
While we didn't hear the conversation at the restaurant, McNeil said Ford was different. He was nervous. He was not as calm and his conversation was guarded. McNeil says that Ford thought someone was setting him up.
According to McNeil, Ford told him quote - "I would kill someone so there'll be no witnesses."
McNeil says he felt threatened and thought Ford was referring to him.
On the same day, Ford meets with McNeil in his office. Of course, he's now on camera and we can see for ourselves that Ford is different. First of all, he does not sit down during the whole meeting, instead he stays as far away from the desk as possible and keeps looking out the window.
"He did not sit down. He was looking at the walls. He was cautious and guarded," says McNeil while in court.
McNeil tries to reel Ford back and regain his confidence by talking about movies. When that doesn't work, he challenges Ford's effectiveness by saying he's concerned the bad press Ford's getting with other issues will affect the bill.
Ford still stands, but starts to whisper. According to McNeil and the other videos we've seen, this is unusual.
"I'm not mad angry or upset, cuz I don't get mad at folks," says Ford. "Let me tell you this. I can walk in the room and get more done than 10 mother*** can."
Ford's concerned about Alana Turner. He thinks she could be working for somebody and makes a reference that she could be an informant working for the FBI. McNeil tells the court today that Turner wasn't an informant.
McNeil still pays Ford $5000 that day, but that particular day Ford stopped McNeil from counting the money out.
"What's with the holes by this picture here?" asks Ford.
Ford kept looking at a picture at the wall. McNeil think Ford might have thought a camera was hidden there. Ford is so far from the desk that he's out of the frame for much of the video. He avoids the chairs in front of the desk the entire time.
"I counted fifty $100 dollar bills. I placed them in an envelop and put it on the edge of the desk. At the end of the meeting, Ford walked over with a newspaper and picked up the money with the paper," says McNeil.
After that day, Ford never accepted another payment in an office.
Committed until the end
Like usual, Ford is true to his word. On February 17th, McNeil gives Ford a call (Exhibit 48) and asks about the progress.
"I've met with the guy, the Fiscal Review Director, and he's going to work on that," says Ford.
McNeil then wants to know if there could be any problems in getting the legislation through. Ford does admit that he's getting a bit of pressure.
"I ain't quitting giving up. They are putting a lot of pressure on me, but I'll beat it," says Ford.
A few days later on February 24th (exhibit 49), McNeil calls Ford again. This time Ford is suffering from a head cold. He still hasn't heard back from the Fiscal Review Director, but assumes everything is in good order until it hits the bill committee in early March.
Ford stays on the Fiscal Note issue and on March 7, 2005, Ford calls a woman named Rosemary (exhibit 50).
Rosemary works in Senator's Ford's office. She handles the day-to-day operation. She works in his Nashville office. During the secretly recorded phone conversation, Ford asks Rosemary to check two things.
"Check with Fiscal Review. I need the fiscal note on it. Tell them I need it on Tuesday or Wednesday," says Ford.
The second thing he wanted was to make sure they mark Bill 28 (the E-Cycle bill) on the calander for next week.
"I've met with the guy, the Fiscal Review Director, and he's going to work on that," says Ford.
McNeil then wants to know if there could be any problems in getting the legislation through. Ford does admit that he's getting a bit of pressure.
"I ain't quitting giving up. They are putting a lot of pressure on me, but I'll beat it," says Ford.
A few days later on February 24th (exhibit 49), McNeil calls Ford again. This time Ford is suffering from a head cold. He still hasn't heard back from the Fiscal Review Director, but assumes everything is in good order until it hits the bill committee in early March.
Ford stays on the Fiscal Note issue and on March 7, 2005, Ford calls a woman named Rosemary (exhibit 50).
Rosemary works in Senator's Ford's office. She handles the day-to-day operation. She works in his Nashville office. During the secretly recorded phone conversation, Ford asks Rosemary to check two things.
"Check with Fiscal Review. I need the fiscal note on it. Tell them I need it on Tuesday or Wednesday," says Ford.
The second thing he wanted was to make sure they mark Bill 28 (the E-Cycle bill) on the calander for next week.
Sweet talk on Valentine's day
"I need to talk to you this stuff, man," says McNeil. "You need to explain to me about this fiscal note, man."
This was opening of a conversation (exhibit 47) between McNeil and Ford on Valentine's Day, 2005 and Ford is about to sweet talk his way through the explanation.
The fiscal note is an evaluation on how much a particular piece of legislation will cost. Basically, they want to know whether or not the legislation will be a liability or an expense to the state. But Ford always has his client's interest at heart and promises to take care of it.
"It will take a few days to look at it, don't worry about it. They probably didn't understand," says Ford.
What Ford is referring to are storage costs and other costs associated with the legislation that he thinks aren't important and just need to be clarified.
"Look at the storage fee," he tells McNeil. "They act like they're going to sell these things and they have to pay to storage, but they already paying for storage."
Ford goes onto to clarify the reasons. McNeil doesn't even need to say a word.
"It would reduce their costs. It would be a cost reduction in terms of storage and management. I'm going to have them to check percisely what they are doing. That's why I put it off for 6 weeks...I'll put all that in perspective this week," says Ford.
But Ford is going to do more than put the legislation off, he's going to do some checking around on behalf of ECycle.
"I'm meeting with Roscoe and AC in Nashville tomorrow. I'll mention to them about the computer. If there is a problem, I'll find out," promises Ford.
"That's solid," says McNeil.
This was opening of a conversation (exhibit 47) between McNeil and Ford on Valentine's Day, 2005 and Ford is about to sweet talk his way through the explanation.
The fiscal note is an evaluation on how much a particular piece of legislation will cost. Basically, they want to know whether or not the legislation will be a liability or an expense to the state. But Ford always has his client's interest at heart and promises to take care of it.
"It will take a few days to look at it, don't worry about it. They probably didn't understand," says Ford.
What Ford is referring to are storage costs and other costs associated with the legislation that he thinks aren't important and just need to be clarified.
"Look at the storage fee," he tells McNeil. "They act like they're going to sell these things and they have to pay to storage, but they already paying for storage."
Ford goes onto to clarify the reasons. McNeil doesn't even need to say a word.
"It would reduce their costs. It would be a cost reduction in terms of storage and management. I'm going to have them to check percisely what they are doing. That's why I put it off for 6 weeks...I'll put all that in perspective this week," says Ford.
But Ford is going to do more than put the legislation off, he's going to do some checking around on behalf of ECycle.
"I'm meeting with Roscoe and AC in Nashville tomorrow. I'll mention to them about the computer. If there is a problem, I'll find out," promises Ford.
"That's solid," says McNeil.
"You're my man, my partner"
The next piece of evidence is a tape from inside the Senate office in Nashville Tennessee. The camera is attached to something FBI agent McNeil is wearing so it's sometimes hard to hear what's doing on and the angle is a little skewed. Most of the time we see the roof of the office or John Ford's hands --thankfully, he's a hand-talker or we'd never see him.
"Tell me what you think about this, John. In regards to our legislation do you think it would be proper and cool for you to sit on it for a couple of weeks and let it go to the house first?" asks McNeil.
John says yes, but not for the reasons that McNeil is thinking. He goes onto explain the reasons as to why this will help their cause. According to McNeil the real reason they wanted to have Ford sit on it was because it was moving along a little too quick. Ford had also at this time convinced Crutchfield to co-sponsor the legislation.
Throughout these tapes you can see the relationship of the two men develop. The first videos that took place at the beginning of the sting were all business related. Ford was all "business" and talking about what he could do and how good he could do it. Now the relationship is more casual. They talk about hot women, weekend plans and other personal topics --as if they are friends. And McNeil plays up this relationship.
"You're my man, my partner. I keep you with me all the time," says McNeil. "You're my friend. I will look out for you if I need to."
He then counts out more money to give John Ford.
"Tell me what you think about this, John. In regards to our legislation do you think it would be proper and cool for you to sit on it for a couple of weeks and let it go to the house first?" asks McNeil.
John says yes, but not for the reasons that McNeil is thinking. He goes onto explain the reasons as to why this will help their cause. According to McNeil the real reason they wanted to have Ford sit on it was because it was moving along a little too quick. Ford had also at this time convinced Crutchfield to co-sponsor the legislation.
Throughout these tapes you can see the relationship of the two men develop. The first videos that took place at the beginning of the sting were all business related. Ford was all "business" and talking about what he could do and how good he could do it. Now the relationship is more casual. They talk about hot women, weekend plans and other personal topics --as if they are friends. And McNeil plays up this relationship.
"You're my man, my partner. I keep you with me all the time," says McNeil. "You're my friend. I will look out for you if I need to."
He then counts out more money to give John Ford.
Deeper and deeper
Tape after tape, those watching the proceedings in the courtroom see John Ford accepting $5000 payments from the FBI in McNeil's office. Each time McNeil counts out fifty $100 dollar bills, Ford falls deeper and deeper into the sting.
"Everything you've told me you were going to do, you've done," says McNeil.
But aside from writing up the document and getting McNeil free concert tickets and football box seats, what else was Ford doing?
We learn by listening to the conversation in Exbihit 43 at took place on January 31 that Ford is not just writing up the legislation, but setting up a reception for E-Cycle at the Nashville Sheraton Hotel. In this audio tape the conversation includes Joe Carson, along with McNeil and Ford.
The ECycle uncover group does meet with Mayor Wharton (a meeting that Ford did not set up). They said they didn't find any wrong-doings during Wharton's meeting.
"Everything you've told me you were going to do, you've done," says McNeil.
But aside from writing up the document and getting McNeil free concert tickets and football box seats, what else was Ford doing?
We learn by listening to the conversation in Exbihit 43 at took place on January 31 that Ford is not just writing up the legislation, but setting up a reception for E-Cycle at the Nashville Sheraton Hotel. In this audio tape the conversation includes Joe Carson, along with McNeil and Ford.
The ECycle uncover group does meet with Mayor Wharton (a meeting that Ford did not set up). They said they didn't find any wrong-doings during Wharton's meeting.
Ford's not backing out
In mid-December Ford and McNeil meet up in Miami. They are staying at the Loews Hotel in South Beach. This is more of a party and relaxation trip, but this doesn't mean the two of them aren't going to talk shop.
"We get back to session in 24, 25 days," says Ford on the recording (exhibit 34).
"You're not going to get out of this on me," says McNeil.
According to McNeil, Ford mentioned that he may run for Mayor and resign his position as Senator. Turns out McNeil doesn't have to worry.
"Well I ain't going to get out until we get this accomplished," says Ford.
McNeil is hoping to get Ford to talk to Joe Armstrong to push the bill to the house. He tells Ford that he's the man to get this done.
"Kathryn [Bowers] basically told me if you need something to happen, you need to talk to John Ford," says McNeil.
In another transcript on the same Miami trip, Ford talks about the timeline.
"In long term speaking, how do you see this going through?" asks McNeil.
"We can't predict that," says Ford. "We aren't going to get started on the legislation until the first week in February."
Ford tells them there's a deadline for filing bills and suspects it will be February 6. In February they file the bills and then review them. He recommends that McNeil be available in March 2005 in case they need him. Ford also isn't sure which committee the bill is going to go through, but apparently it doesn't matter.
"...probably General Services, it could be Finance Administration. There's no problem, I don't care which committee that goes to," says Ford
Ford is paid another $5000 while he's in Florida.
"You want five a month until we get it passed?" ask McNeil.
Ford agrees.
"We get back to session in 24, 25 days," says Ford on the recording (exhibit 34).
"You're not going to get out of this on me," says McNeil.
According to McNeil, Ford mentioned that he may run for Mayor and resign his position as Senator. Turns out McNeil doesn't have to worry.
"Well I ain't going to get out until we get this accomplished," says Ford.
McNeil is hoping to get Ford to talk to Joe Armstrong to push the bill to the house. He tells Ford that he's the man to get this done.
"Kathryn [Bowers] basically told me if you need something to happen, you need to talk to John Ford," says McNeil.
In another transcript on the same Miami trip, Ford talks about the timeline.
"In long term speaking, how do you see this going through?" asks McNeil.
"We can't predict that," says Ford. "We aren't going to get started on the legislation until the first week in February."
Ford tells them there's a deadline for filing bills and suspects it will be February 6. In February they file the bills and then review them. He recommends that McNeil be available in March 2005 in case they need him. Ford also isn't sure which committee the bill is going to go through, but apparently it doesn't matter.
"...probably General Services, it could be Finance Administration. There's no problem, I don't care which committee that goes to," says Ford
Ford is paid another $5000 while he's in Florida.
"You want five a month until we get it passed?" ask McNeil.
Ford agrees.
Ford's bling
We're back in McNeil's office. It's November 19, 2004 and Ford and McNeil are meeting. They are working out the draft details and fine tuning the exclusivity of the legislature document. Watching the video, at first it appears like just another business meeting between the two men, when suddenly McNeil stops...
"You've been bling blinging all day long," says McNeil.
Ford shows him his "bling". It's the $50,000 Rolex watch. The one he got from developer Rusty Hyneman.
"Where did you get that? You get that in Miami?" asks McNeil.
They two keep talking about the watch and how much it costs. They estimate it must cost about $50,000, but Ford didn't pay that much for it. It turns out Ford didn't pay for it at all.
"I paid zero," says Ford.
Ford says he got the watch for helping the developer save millions of dollars. McNeil jokes by asking if that's all he got. Ford says he got more than just a watch.
"I imagine you are talking about 3 to 5 carrots. It's a very heavy watch," says Ford, when McNeil asks about the diamonds in the watch.
Towards the end of this same meeting, McNeil counts out another $5000 and puts it on the desk in front of Ford. Ford picks it up and tucks it into his suit pocket.
"Now this is five for the last month," says McNeil.
McNeil says this was for a more changes on the document. McNeil admits that Ford never did anything for them regarding the city, county or the schools.
But why Ford's getting all this bling and money...well, that's another story.
"You've been bling blinging all day long," says McNeil.
Ford shows him his "bling". It's the $50,000 Rolex watch. The one he got from developer Rusty Hyneman.
"Where did you get that? You get that in Miami?" asks McNeil.
They two keep talking about the watch and how much it costs. They estimate it must cost about $50,000, but Ford didn't pay that much for it. It turns out Ford didn't pay for it at all.
"I paid zero," says Ford.
Ford says he got the watch for helping the developer save millions of dollars. McNeil jokes by asking if that's all he got. Ford says he got more than just a watch.
"I imagine you are talking about 3 to 5 carrots. It's a very heavy watch," says Ford, when McNeil asks about the diamonds in the watch.
Towards the end of this same meeting, McNeil counts out another $5000 and puts it on the desk in front of Ford. Ford picks it up and tucks it into his suit pocket.
"Now this is five for the last month," says McNeil.
McNeil says this was for a more changes on the document. McNeil admits that Ford never did anything for them regarding the city, county or the schools.
But why Ford's getting all this bling and money...well, that's another story.
Good Hands
Ford is an expert when it comes to what happens in the legislature and in a phone conversation on November 9 2004 (Exhibit 27), he tells McNeil how it's going to work.
"We can pre-file the bills anytime. I don't want to pre-file it with nothing out there," says Ford.
McNeil is concerned that they need to file earlier, but Ford tells him not to worry because they don't look at the bills until January 15th. They then take a look at everything that's been filed and Ford says he'll make sure they take a look at the ECycle file.
"And then we'll be filing with a bunch of bills but nobody pays any attention to them. But I'll take care of that," says Ford. "...I know exactly what to do. You're in good hands. You're in the best hands."
"We can pre-file the bills anytime. I don't want to pre-file it with nothing out there," says Ford.
McNeil is concerned that they need to file earlier, but Ford tells him not to worry because they don't look at the bills until January 15th. They then take a look at everything that's been filed and Ford says he'll make sure they take a look at the ECycle file.
"And then we'll be filing with a bunch of bills but nobody pays any attention to them. But I'll take care of that," says Ford. "...I know exactly what to do. You're in good hands. You're in the best hands."
What color is your hat?
One of the things about Ford, is he's busy. He's always talking about how he just came back from Altanta or Orlando or Nashville. But while he's a jetsetting business man, he's also a man of many other hats.
While sitting in McNeil's office, he's wearing his Senator hat, then switches to his lawyer's hat while reading over the documentation.
Halfway through a revision of a section and mumbling in legal jargon, his cell phone rings. As he picks up the phone, he's suddenly wearing his entertainment hat. He's now talking like a bookie and telling someone about how he's going to get them tickets to the R Kelly concert.
"I haven't picked up the tickets yet, but I'll get them."
Ford get off the phone and he's back to wearing his legal writer hat.
"We gotta get the language right," says Ford.
At the end of the meeting, McNeil gives Ford another $5000 (fifty $100 bills)for what they just did in the office. McNeil says this was for going through the legislature. Now, I'm not sure what hat Ford was wearing at the time, but on the video, we watched him take the money and put it in his pocket.
While sitting in McNeil's office, he's wearing his Senator hat, then switches to his lawyer's hat while reading over the documentation.
Halfway through a revision of a section and mumbling in legal jargon, his cell phone rings. As he picks up the phone, he's suddenly wearing his entertainment hat. He's now talking like a bookie and telling someone about how he's going to get them tickets to the R Kelly concert.
"I haven't picked up the tickets yet, but I'll get them."
Ford get off the phone and he's back to wearing his legal writer hat.
"We gotta get the language right," says Ford.
At the end of the meeting, McNeil gives Ford another $5000 (fifty $100 bills)for what they just did in the office. McNeil says this was for going through the legislature. Now, I'm not sure what hat Ford was wearing at the time, but on the video, we watched him take the money and put it in his pocket.
The second draft
John Ford is a man of his word and did fax the second draft of the legislation document (exhibit 78) to McNeil's Atlanta office. This draft too came directly from Senator Ford's office as per the fax marks on the bottom of the document.
A phone conversation on Oct 11, 2004 (exhibit 23) talks about this second draft.
"Did you get the fax?" asks Ford.
"I looked at it and we still got some issues there, man. I'm going to sit down and look at it hard," says McNeil.
McNeil says they have made some progress and the document is getting there. McNeil tells Ford he's in Chicago at the moment, but will be back later this week to go over the changes. In case you're wondering, McNeil wasn't really in Chicago.
"If you need to make changes in whatever section, we'll make those changes," says Ford.
The two of them meet up in McNeil's Memphis office on October 15, 2004. Exhibit 25 shows the video footage of this meeting. Before the meeting starts, Ford gives McNeil Titan football tickets. They are box seats. The two men then get into the draft details.
McNeil still has a problem with the draft.
"I need it to be a little more exclusive to us," says McNeil.
According to McNeil, he wants Ford to tweak the document to make the legislature more exclusive to them. In other words, they would get preference over any other company --just in case some other company decided to move in on their turf. Of course, that will never happen as E-Cycle's business model doesn't make sense --but Ford doesn't think about that. Instead he's focused on making E-Cycle happy.
"We can change it the way you want to change it," says Ford.
Later on Ford, repeats this...
"We file this bill, we want to have all the right language in it. This is a draft. We can change anything we want."
A phone conversation on Oct 11, 2004 (exhibit 23) talks about this second draft.
"Did you get the fax?" asks Ford.
"I looked at it and we still got some issues there, man. I'm going to sit down and look at it hard," says McNeil.
McNeil says they have made some progress and the document is getting there. McNeil tells Ford he's in Chicago at the moment, but will be back later this week to go over the changes. In case you're wondering, McNeil wasn't really in Chicago.
"If you need to make changes in whatever section, we'll make those changes," says Ford.
The two of them meet up in McNeil's Memphis office on October 15, 2004. Exhibit 25 shows the video footage of this meeting. Before the meeting starts, Ford gives McNeil Titan football tickets. They are box seats. The two men then get into the draft details.
McNeil still has a problem with the draft.
"I need it to be a little more exclusive to us," says McNeil.
According to McNeil, he wants Ford to tweak the document to make the legislature more exclusive to them. In other words, they would get preference over any other company --just in case some other company decided to move in on their turf. Of course, that will never happen as E-Cycle's business model doesn't make sense --but Ford doesn't think about that. Instead he's focused on making E-Cycle happy.
"We can change it the way you want to change it," says Ford.
Later on Ford, repeats this...
"We file this bill, we want to have all the right language in it. This is a draft. We can change anything we want."
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