WSB's Veronica Waters reports lawyers spent much of the day arguing about the 11 underlying acts in count one of the indictment, the racketeering count. The judge said that while some of the evidence was "circumstantial" or "a close call," the Government had presented evidence which should go to the jury on those charges.
Judge Richard Story also granted motions by federal prosecutors to exclude or limit testimony from three of the defense's planned expert witnesses.
Story excluded testimony from a handwriting expert who wrote a critique of the report from the prosecution's handwriting analyst, Dave Moore. Moore testified this month that "the same author" signed several City of Atlanta documents as well as a series of letter agreements enlarging the contract for United Water. But Moore said he was not told that others sometimes signed documents for the Mayor. The defense contends that the signatures were written by DeWayne Martin, Campbell's former chief of staff. Although he was on the witness list and was expected to testify in the trial's fourth week, the government failed to call him to the stand.
The judge also limited testimony from Stephanie Kearns, the chief of the district's federal public defender program, and Dr. Bob Holmes, an expert on election and campaign matters. Holmes is a 30-year member of the Georgia General Assembly.
The defense also filed a 23-page motion asking the judge to dismiss the entire case, alleging misconduct by prosecutors. Citing FBI and grand jury interviews, they contend prosecutors knew some of their witnesses were lying on the stand but didn't correct it--and purposely failed to call others on their witness list because their testimony would be in direct contrast.
The Government has three days to respond to the filing. Last week, U. S. Attorney Dave Nahmias said "Any claim of government misconduct in this case is outrageous, and we will show in court papers that it is outrageous."
Tuesday, the defense plans to kick off its case with a big and familiar name: former Mayor and Ambassador Andrew Young is expected to be first on the stand. Young was elected Atlanta's Mayor in 1981 and won re-election in 1985. In an interesting twist, one of the men the Government says provided bribes to Campbell is Young's nephew, former strip club owner Michael Childs. Childs, who was convicted of hiring an arsonist to burn down his competitors' clubs, was also captured on tape offering an informant $20,000 to assault Campbell after he left office. Childs was also on the prosecution's witness list, but he was never called to testify. Prosecutors allege Childs gave $50,000 to Campbell aide Dewey Clark over two years in an effort to get a liquor license for a new strip club.
Monday, February 27, 2006
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