Scholl started off implying the evidence the jury will see is limited.
"You're going to be in the room. You're going to be in the room when John Ford is speaking on the tapes. You're going to be in the room when John Ford is being recorded...You're going to be in the room when they want you to be in the room," says Scholl.
Scholl says the jury is going to see John Ford sitting in the chair, because they want them to see that. They're going to see a lot of tape, but what they will be seeing are snippets. He repeats, "You're seeing what they want you to see."
Scholl goes on to talk about the first time Ford met the uncover FBI agent in April 2004, at Morton's Steakhouse.
"The U.S. Government was looking for John Ford," says Scholl.
The agent talked to John Ford about movies and tapes. He didn't talk about the government, but instead convinces John Ford that he is a multi-million dollar businessman with connections in the music and film industry.
According to Scholl, initially all that takes place is an exchange of phone numbers. The agent keeps coming back from April to July to try to get Ford to do something illegal with E-Cycle --but Ford doesn't bite. That's where music and movies comes in.
This sounds strange and how you get E-Cycle out of the music business who knows, but business works in mysterious ways. When Ford wouldn't bite with E-Cycle, they seduced him with music industry and it all began with a trip to Miami.
"On those tapes, you won't have any recordings of the evenings in Miami," says Scholl.
According to Scholl, this was where John and Agent Tim Willis hung out on a million dollar yacht. Ford reportedly went down as a consultant and business man on a new venture. He did not go a the computer convention for E-Cycle, but for the American Black Film Festival. Ford was apparently getting Tim Willis interviews with Hustle and Flow people.
But according to Scholl, Willis isn't the only one decieving Ford and tricking him into the scandal. LC McNeil is the undercover agent involved. Everything he tells Ford about his music production never changes and he says it bolsters his credibilty. This is a lie and according to Scholl, a lie is a lie. He warns the jury that when they watch the video they need to watch LC McNeil and see how well he lies.
"John Ford brags a lot. You're going to see a lot of people brag a lot," he said, when explaining what they may see Ford doing in the videos.
Scholl speaks more about how John Ford was lead into the scandal. He reminds the jury that when they watch the evidence, to keep this in mind and that they may not be seeing the whole story. He reminds them that before they make up their mind, that they remember that John Ford must be proved guilty beyond a reasonable doubt.
"John Ford didn't take any bribes and after you hear this entire case, you'll find John Ford not guilty," says Scholl.
That was opening statements. The NC3 Court Blogger will be back Wednesday morning at 9:00am.
Tuesday, April 10, 2007
Prosecutor Statement: It was a great opportuntity
"In April 2004, Ford was a man who knew what he wanted."
This was how the prosecutor, Tim DiScenza, started his opening statement. He recounted Ford's meeting with E-Cycle at Morton's Restaurant. How E-cycle was a great opportunity for Ford to make money. How it was a great opportunity for Senator Ford to sell his office as a member of the senate of the State of Tennessee.
He then says, "This is your opportunity as the jury."
It's their opportunity because according to the prosecutor they will have the opportunity to hear the evidence against Ford, they will have the opportunity to witness Ford taking $50,000 in funds and they will have the opportunity to make a decision.
While Ford saw E-Cycle as a great opportunity. It turned out he had one big problem. E-Cycle was an FBI cover company.
But why did they target Memphis Tennessee? E-Cycle was set up because they had heard there was corruption in the ranks that had nothing to do with John Ford.
"They had a young fella who was jammed up and was willing to cooperate," DiScenza said.
This was informant Tim Willis.
E-Cycle also had certain restrictions placed upon it such as it could not compete with any other companies in the area.
The jury not only has an opportunity in being a part of this trial, they also get to be witnesses. They get to witness Ford's reaction when he grew suspicious that he may be involved in an FBI sting. They get to witness corruption. They get to witness extortion or a bribe accepted by a public official.
The jury will also get to hear and see transcripts of video tapes and transcripts. The prosecutor says the transcripts are only aides, but the real evidence is what they will hear in the tapes.
This was how the prosecutor, Tim DiScenza, started his opening statement. He recounted Ford's meeting with E-Cycle at Morton's Restaurant. How E-cycle was a great opportunity for Ford to make money. How it was a great opportunity for Senator Ford to sell his office as a member of the senate of the State of Tennessee.
He then says, "This is your opportunity as the jury."
It's their opportunity because according to the prosecutor they will have the opportunity to hear the evidence against Ford, they will have the opportunity to witness Ford taking $50,000 in funds and they will have the opportunity to make a decision.
While Ford saw E-Cycle as a great opportunity. It turned out he had one big problem. E-Cycle was an FBI cover company.
But why did they target Memphis Tennessee? E-Cycle was set up because they had heard there was corruption in the ranks that had nothing to do with John Ford.
"They had a young fella who was jammed up and was willing to cooperate," DiScenza said.
This was informant Tim Willis.
E-Cycle also had certain restrictions placed upon it such as it could not compete with any other companies in the area.
The jury not only has an opportunity in being a part of this trial, they also get to be witnesses. They get to witness Ford's reaction when he grew suspicious that he may be involved in an FBI sting. They get to witness corruption. They get to witness extortion or a bribe accepted by a public official.
The jury will also get to hear and see transcripts of video tapes and transcripts. The prosecutor says the transcripts are only aides, but the real evidence is what they will hear in the tapes.
The day isn't over
Well, the day began with progress and is ending with the same - progress. After a short 20 minute break, Judge Breen announced that we'll be hearing opening statements.
We're not allowed to make any noise so many of us using computers are worried. What happens when the power runs out?
Until then...
We're not allowed to make any noise so many of us using computers are worried. What happens when the power runs out?
Until then...
I'm a juror. Now what?
The courtroom is now clear except for the 16 chosen jurors, but the atmosphere in the room is far from a party attitude. It's somber and quiet.
Even though the 16 men and women look tired, their time in court is not over --in fact, the trial is only just beginning. They've now got to fulfill their duties as jurors and these consist of deciding the outcome of the case by reviewing the evidence, going over the facts and reaching a verdict.
It sounds simple enough, but unlike all those court shows shown on prime time, it's going to take a lot longer than hour to make a decision --and the decision they make is going to affect a man's life.
Over the next few weeks, these men and women will hear testimonies from a number of witnesses, they will review documents and evidence, and they will hear a number of statements from attorneys which are designed to sway their decision.
Judge Breen says there is three things to keep in mind:
1) The defendant is presumed innocent --an indictment is only an accusation.
2) The burden of proof is on the government --they have to prove John Ford is guilty.
3) If guilty, it must be proved beyond a reasonable doubt.
Even though the 16 men and women look tired, their time in court is not over --in fact, the trial is only just beginning. They've now got to fulfill their duties as jurors and these consist of deciding the outcome of the case by reviewing the evidence, going over the facts and reaching a verdict.
It sounds simple enough, but unlike all those court shows shown on prime time, it's going to take a lot longer than hour to make a decision --and the decision they make is going to affect a man's life.
Over the next few weeks, these men and women will hear testimonies from a number of witnesses, they will review documents and evidence, and they will hear a number of statements from attorneys which are designed to sway their decision.
Judge Breen says there is three things to keep in mind:
1) The defendant is presumed innocent --an indictment is only an accusation.
2) The burden of proof is on the government --they have to prove John Ford is guilty.
3) If guilty, it must be proved beyond a reasonable doubt.
We have a winner!
"I'd like to excuse the rest of you in the courtroom."
As Judge Breen spoke these words you could feel the tension release. The remaining jurors finally released their breath --the same breath they've been holding since they were first walked in this morning. They were free to go. Jury selection was over.
The last person asked to approach the bench was a woman and finally both the prosecutors and the defense attorney were in agreement.
So in case you're keeping score, here's the final tally:
The 12 jury members are made up of 8 women and 8 men.
The 4 alternates jurors consist of 2 men and 2 women.
As Judge Breen spoke these words you could feel the tension release. The remaining jurors finally released their breath --the same breath they've been holding since they were first walked in this morning. They were free to go. Jury selection was over.
The last person asked to approach the bench was a woman and finally both the prosecutors and the defense attorney were in agreement.
So in case you're keeping score, here's the final tally:
The 12 jury members are made up of 8 women and 8 men.
The 4 alternates jurors consist of 2 men and 2 women.
You haven't missed a thing
If you've gone out for lunch and wondered if you missed something, I'm sorry to say, but no --you haven't missed a thing.
In fact, the entire court room looks exactly as it had three hours ago; John Ford is still reading what appears to be the same document since 9:00 am this morning, the attorneys are still gathered at the front of the room privately interviewing jurors on a one-by-one basis, and the rest of the court room is shifting in their seats and discreetly looking at their watches.
You can't really blame them. It's been a long two days and if any of the remaining possible jurors are chosen, they could be seeing the inside of this courtroom for the next three to four weeks. And, while they may have the inside scoop to what's going on in one of the hottest trials in Memphis so far this year, they won't be able to talk about it to anyone.
By the way, in case you've forgotten where we are in the jury selection process, we are still deciding on that one last final juror. The woman they had brought up to review in my last blog didn't make the cut and they've since looked at a few others.
This last juror is set to fill seat 13 and it certainly seems to be unlucky. They have gone through about seven possible jurors since this morning. None of them have appealed to the attorneys.
They are now talking to man in his late 20s. Keep your fingers crossed...
In fact, the entire court room looks exactly as it had three hours ago; John Ford is still reading what appears to be the same document since 9:00 am this morning, the attorneys are still gathered at the front of the room privately interviewing jurors on a one-by-one basis, and the rest of the court room is shifting in their seats and discreetly looking at their watches.
You can't really blame them. It's been a long two days and if any of the remaining possible jurors are chosen, they could be seeing the inside of this courtroom for the next three to four weeks. And, while they may have the inside scoop to what's going on in one of the hottest trials in Memphis so far this year, they won't be able to talk about it to anyone.
By the way, in case you've forgotten where we are in the jury selection process, we are still deciding on that one last final juror. The woman they had brought up to review in my last blog didn't make the cut and they've since looked at a few others.
This last juror is set to fill seat 13 and it certainly seems to be unlucky. They have gone through about seven possible jurors since this morning. None of them have appealed to the attorneys.
They are now talking to man in his late 20s. Keep your fingers crossed...
Lucky number 13
A woman has finally been chosen as the next alternate. Surprisingly, it seems that women make up the majority of the jurors. From a glance, it appears the jury so far will consist of 6 men and 9 women. The 12 core jurors are 4 men and 8 women.
Of course, this is just an estimate. Believe me, there is some debate about who is who as the camera keeps shifting and no one in the media room can count fast enough. And don't get us going on the mix. It seems to be 8 black and 4 white, but again --don't quote this.
The one thing we all can agree on is that there is one lone spot open and while we quickly scan the room, we wonder who's going to be the final alternate. Although this person will be the fourth alternate and the 16th juror chosen, they will be filling seat number 13.
The judge calls another person up for questioning --a woman. Will she make the cut?
Of course, this is just an estimate. Believe me, there is some debate about who is who as the camera keeps shifting and no one in the media room can count fast enough. And don't get us going on the mix. It seems to be 8 black and 4 white, but again --don't quote this.
The one thing we all can agree on is that there is one lone spot open and while we quickly scan the room, we wonder who's going to be the final alternate. Although this person will be the fourth alternate and the 16th juror chosen, they will be filling seat number 13.
The judge calls another person up for questioning --a woman. Will she make the cut?
What's for lunch?
The final alternate jurors seem to be giving the attorneys a bit of a challenge. After deliberating all morning, they've only come back with one more - a woman. They still have two more to go.
But....we're back to waiting again. This time people are starting to get restless - the media and the potential jurors alike.
There are still a large number of people sitting patiently in the hard benches. And after waiting since 9:00 am, their minds are most likely wondering "what's for lunch?".
But....we're back to waiting again. This time people are starting to get restless - the media and the potential jurors alike.
There are still a large number of people sitting patiently in the hard benches. And after waiting since 9:00 am, their minds are most likely wondering "what's for lunch?".
And we are still waiting...
After a promising start in the morning in finalizing jury selection for the John Ford Tennessee Waltz trial, things have come to a standstill. For the last 90 minutes, the defense and prosecutors have been meeting in hushed close-quarters, deciding on who will be the final three.
Finally they looked up and we were hopeful that the final alternate jurors would be announced. Papers snapped shut, laptops flipped open and cell phones were switched off. But alas...it was not to be.
Instead, the judge announced they needed a 20 minute break.
So again we wait...
Finally they looked up and we were hopeful that the final alternate jurors would be announced. Papers snapped shut, laptops flipped open and cell phones were switched off. But alas...it was not to be.
Instead, the judge announced they needed a 20 minute break.
So again we wait...
Who will be the final four?
It's day two and already things are off to roaring start. It's not even 10:00 am and they have already picked one of the final four jurors.
They have three more to go. They've already seated the 12 official jurors they chose from yesterday, so these final four will be the alternates. But the trial can't begin until they are chosen.
In the meantime, the judge announced the rules of the courtroom. The press will be allowed, but we'll have to as quiet as mouse. He doesn't even want to hear the sound of fingers typing away on the keyboard. While this means we'll have to revert back to old fashioned pen and paper, at least we will be allowed in when the proceedings begin.
They have three more to go. They've already seated the 12 official jurors they chose from yesterday, so these final four will be the alternates. But the trial can't begin until they are chosen.
In the meantime, the judge announced the rules of the courtroom. The press will be allowed, but we'll have to as quiet as mouse. He doesn't even want to hear the sound of fingers typing away on the keyboard. While this means we'll have to revert back to old fashioned pen and paper, at least we will be allowed in when the proceedings begin.
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