Former judge, now serving prison time, testifies in bribery trial of alleged co-conspirator

Table of Contents Maggio’s testimonyOther testimony A nursing dwelling magnate, a person of Arkansas’s best-rating…

A nursing dwelling magnate, a person of Arkansas’s best-rating jurists and a previous decide in shackles had been among witnesses in the 1st 7 days of the federal bribery trial of former lobbyist Gilbert Baker.

Prosecutors sought to weave an intricate tale of political ambition and greed even though the protection concentrated on a key witness’ lack of believability. The two sides struggled at instances to jog witnesses’ reminiscences of occasions that happened as significantly again as 2013 and 2014.

Baker, a former state senator from Conway and previous chairman of the point out Republican Occasion, is billed with bribery, wire fraud and conspiracy. He is accused of becoming the intermediary in an alleged plot to bribe former Faulkner County Circuit Decide Michael Maggio on behalf of Michael Morton, a wealthy nursing-household proprietor and campaign financier. Maggio is now serving a 10-year sentence in federal jail right after pleading responsible to accepting a bribe.

The long-awaited demo has captivated spectators to the U.S. courthouse in Minor Rock, like regulation learners and lawyers not involved in the case. It has also drawn an unwelcome visitor: the coronavirus. The evening just before opening statements on Monday, a juror named in unwell with COVID-19 and was replaced by a single of a few alternates. Then, on Thursday, 1 of the case’s two prosecutors, Assistant U.S. Attorney Patrick Harris, mentioned he way too had grow to be sick and was being examined for the virus. Several hours later, Harris’ check came back destructive, though he even now was not ready to be in court.

The demo has showcased “one unforeseen matter just after a further,” Main U.S. District Choose D. Value Marshall Jr. said. Marshall canceled Friday’s court session so that the assistant prosecutor filling in for Harris, John Ray White, could get up to date on the circumstance.

The scenario towards Baker centers around Maggio’s dealing with of a negligence lawsuit submitted towards Morton’s Greenbrier Nursing and Rehabilitation Middle in excess of the 2008 dying of resident Martha Bull, 76, of Perryville. On May perhaps 16, 2013, a Faulkner County jury returned a $5.2 million judgment for Bull’s household.

Lawyers for Morton requested a new demo or a lowered judgment, and on July 8, 2013, Maggio held a hearing on the motion. That very same day, Morton’s office environment designed out checks totaling $228,000, with $30,000 of that sum heading to political motion committees, or PACs, managed by Baker. Morton has stated he supposed the PACs to give the money to Maggio’s 2014 campaign for the Arkansas Court of Appeals.

On July 9, 2013, a FedEx package that contains the checks arrived at Baker’s household.

On July 10, 2013, Maggio lessened the $5.2 million judgment in opposition to Morton’s nursing home to $1 million.

Michael Morton

Morton, who has not been billed with a criminal offense, took the witness stand on Tuesday. “In hindsight, it looks horrible,” he testified. But, Morton reported, when his business office produced out the checks on July 8, 2013, he had not even acknowledged the hearing in Maggio’s court was taking place the identical working day.

“There was no bribe,” Morton explained.

As for why he donated income supposed for Maggio’s marketing campaign, he mentioned, “My lawyers explained to me he was a great judge. He adopted the law.”

Morton explained it was Baker’s notion to put the $30,000 into PACs instead than donate it immediately to Maggio’s marketing campaign, as Morton and his companies did for Arkansas Supreme Court docket Justice Rhonda Wood, when she initial ran for the substantial court. (Prosecutors named Wooden as a witness on Tuesday.) In the end, Maggio’s marketing campaign bought some but not all of the $30,000, which arrived to Baker in the variety of 10 checks for $3,000 each.

The prosecution played a recording of Baker expressing he did not question Morton for distinct contribution sums.

“Is that accurate?” Harris requested Morton.

“No,” Morton replied.

Morton said Baker had despatched a fax suggesting precise donations. In addition to the ten $3,000 PAC checks, Morton claimed Baker’s fax experienced requested for $50,000 for Wood’s campaign $50,000 for Arkansans for Lawsuit Reform, a political advocacy business and income for the College of Central Arkansas, Baker’s employer at the time. The fax did not advise a sum for UCA, Morton stated.

Morton ended up sending Baker $100,000 for UCA, $48,000 for Wood’s campaign, and the other donations as requested. UCA returned Morton’s income in 2014 after controversy encompassing the Bull lawsuit and the donations began earning headlines in March 2014.

Maggio’s testimony

Escorted by federal marshals, Maggio entered the courtroom Wednesday in shackles, but at Judge Marshall’s recommendation, they had been taken off. He wore a black T-shirt and trousers, a grey beard, a black mask, and the identical outgoing, chatty temperament he was very long regarded for in Conway.

He joked, even when these kinds of actions was something but professional forma for a courtroom. He greeted lawyers as he walked to the witness stand. He referred to a single of his campaign donors as a “pretty toddler.” And certainly, he said, he took a bribe.

Maggio pleaded responsible to having a bribe in 2015. In July 2017, he commenced serving a 10-calendar year sentence. He testified that underneath his plea agreement, he hopes to get his sentence minimized for cooperating with the government.

He explained he lowered the judgment in opposition to Morton’s nursing residence for two good reasons. First, he mentioned, he felt there was a authorized basis for the selection. 2nd, he claimed, he was bribed.

Gilbert Baker

In 2013, Baker told Maggio by textual content concept that he would have Morton’s assist, “win eliminate or attract.” Baker’s attorneys have utilised that textual content to argue he wasn’t giving a bribe. “Everyone is familiar with that indicates ‘no issue what,’” defense attorney Annie Depper reported in opening statements.

When Maggio was questioned about the textual content this week, he reported he assumed it was implied that “Mr. Morton would be … additional happy” with just about anything that would reward the nursing home.

In the course of cross-assessment, the defense concentrated on Maggio’s shifting tales, with protection legal professional Blake Hendrix asking, “What edition is true?”

To start with, Maggio had indicated again in 2014 that he was innocent. Then, a few months just after his very first interview with federal agents, he pleaded guilty in January 2015. When awaiting sentencing, while, he unsuccessfully fought to withdraw his responsible plea, indicating prosecutors had threatened to indict his wife, Dawn Maggio, if he did not plead guilty.

He appealed all the way to the U.S. Supreme Court docket, which refused to listen to the scenario.

“I was like General Flynn. … I experimented with to withdraw my plea,” Maggio joked all through his testimony, referring to Michael Flynn, who served briefly as countrywide safety adviser below former President Donald Trump.

Then, in December 2018, Maggio halted endeavours to get his sentence overturned.

Maggio sought to make clear why he had so a lot issues admitting he experienced taken a bribe. He mentioned he employed to feel of a bribe as one thing involving a backpack whole of cash handed to an individual in trade for a favor. In his case, no a person gave him a backpack with cash, he explained.

He also testified that it was just one of his previous lawyers, not a federal prosecutor, who experienced designed him dread his spouse may get indicted. His spouse was not even conscious of the bribe, he reported.

Assistant U.S. Lawyer Julie Peters questioned Maggio when was the very first time he informed his spouse face to deal with that he experienced taken a bribe.

“Last 7 days possibly,” he said.

Maggio testified that he had been mates with Wood, who worked in the identical courthouse annex in Conway as he did when she, as well, was a circuit choose. He testified that Wooden questioned him to delete texts he had exchanged with her and Baker.

Peters questioned Maggio if he had deleted them. “Yes, ma’am,” he said.

Wooden has testified but has not been excused as a witness, meaning she may perhaps be referred to as back again for comply with-up concerns. She has not been billed with a crime.

Maggio insisted there was a authorized foundation for his reducing of the judgment in the Bull case. If not, he claimed, “I would have not granted it.”

Hendrix questioned Maggio about a check out Morton legal professional John Everett compensated to Maggio at a jail in Kentucky on March 13, 2019. Do you don’t forget telling Everett “that you do not think that Gilbert Baker bribed you?”

“At this time, no, I don’t,” Maggio stated.

Masks are obligatory in the federal constructing, even for jurors. Witnesses, nonetheless, generally clear away their masks when testifying so that jurors can listen to them superior and see any facial expressions. When Maggio testified, he explained he desired to put on a mask since he has not been vaccinated for the coronavirus.

Court docket workforce then discovered a clear mask. Trimmed in white and tied at the rear of the head, it considerably resembled the mask a scuba diver might dress in, apart from it did not address the eyes.

When Maggio later acquired that a juror had complained about not getting ready to see Maggio’s confront at the rear of the abnormal mask, he pulled it down briefly and grinned in the course of the jury box, even though jurors had been just beginning to return to the courtroom.

At the conclude of his testimony Thursday, the choose questioned Maggio to take out the mask so jurors could see his deal with. Maggio did so, stood up and joked, “Have you experienced adequate of me?”

Other testimony

Just after Maggio’s time on the witness stand finished Thursday, prosecutors named Very little Rock lawyer Chris Stewart, a former lawyer for the Republican Occasion of Arkansas. Stewart testified that in the summer months of 2013, Baker employed him to generate 8 of the PACs that received checks from Morton. He claimed Baker made a decision which candidates got the PAC revenue and how significantly.

Stewart claimed a few of the PAC officers contacted him to say that “they had no awareness of the PACs.” Stewart then called Baker and experienced a “conversation” about the issue.

“I knew there have been major troubles. Some thing was heading on,” Stewart reported.

Stewart reported he “fired” Baker as a customer. “He was not becoming honest.”

Upon understanding about the carelessness lawsuit towards Morton and the reduction of the verdict, Stewart explained, “I was stunned.”

He said he gathered the applicable emails, text messages and other information and voluntarily took the supplies to federal investigators, who granted him immunity from prosecution.

Stewart also instructed how he acquired an $8,000 reward from Arkansans for Lawsuit Reform, a nonprofit political advocacy group he had developed for Baker, with the comprehension that he would see that the $8,000 in convert was donated to Maggio’s marketing campaign. Straw donations are a way political donors can conceal their identity.

Ancil Lea, a former Faulkner County justice of the peace, testified that he was just one of the PAC officers who didn’t know his name was on the PAC form filed with the Arkansas secretary of state’s workplace.

Questioned if he would have preferred the PAC to give funds to Maggio’s campaign, Lea stated, “Never” and described a undesirable company deal in the 1990s involving Maggio.

The demo resumes Monday early morning with much more witnesses for the prosecution.

This reporting is courtesy of the Arkansas Nonprofit News Community, an unbiased, nonpartisan information undertaking committed to making journalism that matters to Arkansans.