Thursday, March 31, 2011

BingoGate: Gilley asks, “why no new indictments yet?”

image This is from a story just hitting teh innerwebs this afternoon from the Dothan Eagle, hometown paper of casino developer Ronald Gilley, who stands accused on charges of bribery and conspiracy along with Milton McGregor and nine others.

Gilley is still suffering miserably in the Montgomery County lockup, while his lawyer incessantly complains and wonders why there’s no indictment of his client on new charges of bribery.

From the Eagle:

Jones’ most recent argument centers on the government’s contention that it is moving forward in prosecuting Gilley for the bribery allegation.

Jones says three grand juries have convened since Gilley’s detention without announcement of an indictment for the charge.

“This (most recent) grand jury session would be at least the third since the Government first learned of defendant's December, 2011, contacts with Massey. The only conclusion reached by the lack of any indictment is that (1) the government decided to not seek an indictment; or (2) the grand jury no-billed a requested indictment; or (3) an indictment exists that for some inexplicable or bad-faith reason is under seal,” Jones wrote in a 15-page court filing late Wednesday.

Prosecutors have disputed the defense claims, stating that two judges have conducted separate reviews of the case and come to the same conclusion, and that no combination of suggestions can assure Gilley’s compliance with terms of a release.

Both sides will be back in court Friday morning for further arguments on the wiretaps of Gilley, Massey and Milton McGregor, who are among ten defendants set to stand trial in June on a number of charges ranging from bribery to money laundering to honest services fraud in connection with what federal prosecutors say was a grand scheme to buy off Alabama legislators in an attempt to secure the passage of electronic bingo legislation.

Jones is making a lot of noise, but the fact remains that there is still a good bit of work to do on the DOJ’s part in connection with the expanded investigation we discussed last January. Not much has happened since information from court documents indicated that the FBI was having a deeper look-see into matters unrelated to the original indictments.

To this day, no one knows what path the government was on, who the targets were or what (if any) alleged crimes were committed. Jones is right that there have been three grand juries convened since Gilley had his bail revoked. But there’s a 4th conclusion that he’s not considering, or he’s just able to talk about: That the expanded probe hasn’t been completed yet, but is still making sufficient progress and isn’t ripe for the grand jury yet.

Everyone is back before Magistrate Judge Capel tomorrow morning at 0900.

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