WSB's Veronica Waters reports Kevin Ross, an attorney, headed up three successful campaigns for Campbell: a City Council race, and both mayoral elections. Ross detailed the aggressive fundraising goals the campaign undertook, particularly during the time of the 1997 campaign when there was a need for a runoff.

Reviewing copies of cashiers' checks donated to the 1997 campaign, he testified that it "struck him as odd" when he saw many were sequentially numbered and appeared to have the handwriting of the campaign's treasurer. Steve Labovitz is an attorney and a close friend of Campbell's; Ross testified the pair were "like brothers." This week, Labovitz' wife, Sheri, has been sitting on the front row along with Campbell's wife Sharon, brothers, and friends. Labovitz has never been charged with a crime.

Five $1,000 check contributions bore the names of Campbell relatives, and the defense acknowledged that the money was donated without their knowledge. But Ross testified he had no personal knowledge that the Mayor had ever seen the list of donors.

Under cross-examination, defense attorney Fred Orr quizzed Ross about whether he was "on top of the game" to make sure those raising funds for the mayoral campaign did everything legally. Ross agreed that he was.

"You don't know of Bill Campbell ever asking anyone to contribute more than the legal amount?" Orr asked. "You don't know of Bill Campbell doing anything illegal in 1997?"

"No. I have no knowledge of that," Ross replied.

He also testified he "couldn't conceive" that Campbell would ever have approved of a plan to attach his relatives' names to phony donations.

Assistant U. S. Attorney Russell Vineyard questioned Ross.

"No one would do this without his knowledge?" Vineyard asked.

"It's hard to imagine someone would've proposed that and he would've gone along with it," Ross told the jury. "He's very protective of his family. Whatever happened...I don't believe he would have put his family in harm's way."

After the cross-examination, Campbell and Orr shared a small, brief hug. Campbell later said he counted his "tremendous lawyers" among the many blessings he's been given during his ordeal.

"I'm always proud of their performance in making certain that I'm vindicated," he said.

Ross and Campbell haven't spoken in five years, but after court recessed for the day, Campbell spoke about Ross.

"I consider Kevin Ross still a friend, of course," Campbell said. "We had a long, long relationship. I've known Kevin since he was a law student and it's, of course, always good to see people who speak the truth."

Campbell is charged with tax fraud, bribery and racketeering. He's accused of taking more than $160,000 in cash from city contractors and of collecting more than $130,000 in illegal contributions for his campaign.

Arguments On Evidence Delay Second Witness' Testimony

The government's second witness is Byron Marshall, who served as Atlanta's Chief Operating Officer from 1994-1997.

Marshall testified that he reported directly to the Mayor and that his job was to oversee the city's day-to-day operations. Referring to a claim made in the government's opening, Assistant U. S. Attorney Phyllis Sumner asked Marshall if Campbell ever took actions to determine whether recording devices were nearby. Marshall responded that the Mayor frequently had his office and the offices of Marshall and Labovitz swept for bugs.

Marshall said Campbell was sometimes involved in the hiring and firing of Atlanta executives, but the two seemed to differ in their philosophies in that regard.

"In my mind, the most important thing is that someone's competent," Marshall said. "He said it was loyalty."

As Marshall detailed the process which goes into establishing city contracts and the types of contracts available, many in the courtroom—at least 12 by a reporter's count—were sleeping, and others' lids appeared to be drooping. Only one juror, an alternate, appeared to be nodding off.

When Marshall began to testify about his experiences with Herb McCall, who used to be the head of administrative services for Atlanta, the jury was sent out when the defense wanted to clarify the upcoming testimony. McCall's department was in charge of, among other things, maintaining the city's fleet, computer services, and contracting and purchasing.

Marshall said when some contracts were delayed, he directed McCall to move forward on them, only to be given vague answers about why there was a holdup. Marshall, not believing McCall, suggested to the Mayor that he fire McCall. Campbell didn't take his advice, he said.

"He just came to believe I had a personal dislike for Mr. McCall," Marshall said. "I didn't dislike him at all. I just thought he was incompetent."

For not the first time Tuesday, the defense alleged prosecutors are trying to introduce a lot of testimony and allegations which aren't part of the indictment. The government responded that the defense's opening statement indicated that the City has 8,000 employees and the Mayor didn't know everything that was going on, but that they believe they can show the level of involvement Campbell had in either directly or indirectly influencing what they call a "criminal enterprise" in Atlanta city government.

After several such instances when Judge Richard Story was asked to consider whether something being introduced by the prosecution was relevant for the jury to hear, Story set a 9:00 a.m. Wednesday hearing for attorneys to argue their positions on what should be allowed as evidence under the law's exceptions for racketeering-related activity—-when that activity is not alleged in the defendant's indictment.

Jurors smiled when they were brought back in and told they would be expected in court at 10:00, an hour later than usual.

Wednesday, 25 January 2006