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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.