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.
Tuesday, April 17, 2007
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?
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