WSB's Veronica Waters reports after lunch Monday, Judge Richard Story asked Campbell to stand and advised him of his rights as a defendant, explaining that he has the right to decide whether he will take the stand and not have his decision held against him. Jurors had already been dismissed for the day.
Campbell said he would prefer a little more time to decide, but when pressed by Story, said, "It is my inclination not to testify." Campbell added that if he changed his mind Monday night, his attorneys would e-mail the Government.
Story said he would give Campbell more time to confer with his lawyers, although he needed an answer for scheduling purposes; Campbell then reiterated his leaning toward not taking the stand.
After court, Campbell explained his decision, which he said was based on the fact that prosecutors refused to agree not to question him about his extramarital affairs.
"Every fiber of my being wants to testify," he said.
The former Mayor says his lawyers convinced him not to take the stand.
"I asked them to reach some accommodation with the prosecution so that we could have the cross-examination based on the issues in this indictment," said Campbell. "But I think it's been very clear with every witnessthey're not interested the allegations of corruption. They're only interested in further character assassination, and I'm not going to allow my family to be damaged any further."
U. S. Attorney Dave Nahmias responded that it is the Court, not the defendant, which determines what issues the prosecution can address on cross-examination.
"We would ask only questions that the Court deemed relevant to the crimes for which he is on trial," Nahmias says. "We would not ask questions that are not relevant to those crimes, and we haven't asked such questions during the trial."
Prosecutors called two women to the standincluding former Channel 2 reporter Marion Brookswho admitted to affairs and frequent travel with Campbell. The prosecution contended that their testimony was relevant to show Campbell paid for their hotels, meals, entertainment, and other expenses with cash. The cash, alleges prosecutors, came from city contractors. The defense said in court that they were willing to stipulate to each trip and expenditure involving Brooks--who is now married and living in Illinois--but that the Government refused their offer, insisting that she needed to take the stand.
"They simply want to delve into my private life," Campbell said Monday. "I'm not going to allow any further damage to be done to my family. I think I owe my family that."
"We don't make special arrangements with any particular defendant," replied Nahmias.
Jurors Hear From Campbell's Personal Lawyer
Before going home for the day, jurors heard the testimony of Michael Coleman, a 25-year friend of Campbell's who has also served as Campbell's personal attorney.
Coleman testified that it was his "overly-cautious" decision to add the word "knowingly" to a 2002 written statement of Campbell's regarding the controversial signing of seven letter agreements upping the contract payments for United Water, the company which had privatized Atlanta's water and sewer operations. Campbell, he said, was "adamant" that he had not signed the documents. Coleman said he added the word because he speculated it was possible someone had put the letters in a stack of documents for Campbell to sign. Campbell's former scheduler, Eunice Lockhart-Moss, testified Campbell never saw the documents until about six months after he left office, when an article prompted a radio station caller to inquire about it on-air.
The Atlanta attorney also testified that he had frequently given legal advice to Steve Labovitz, Campbell's campaign treasurer, about how campaign funds could be spent.
"I knew he was concerned about doing things in compliance with the law," Coleman said, who testified he okayed purchases including sporting event tickets because they would be used "in furtherance of the Mayor's office."
Coleman also told jurors that he had had three conversations with Serena Skaggs, a former secretary of Campbell's, who in February testified that she had overheard a conversation between the Mayor and then-personal aide Dewey Clark in the City Hall office suite. Clark, she said, remarked to the Mayor, "You know you wrong. You took that boy's money."
Skaggs claimed Campbell responded, "Technically, I didn't. You did."
Coleman said on that stand that Skaggs indicated to him she did not ever hear such a conversation. He also told the jury that Skaggs and Dewey Clark had a "close, personal relationship."
After court, Coleman explained that he had talked with Skaggs about her interviews with the FBI, when she revealed that agents had asked her about the alleged conversation but that "she told them that it had not occurred." Skaggs said on the stand she had hesitated to tell the FBI because she still worked for Campbell at the time. But Coleman said in two of their three conversations, Campbell was no longer Mayor.
Prosecutors hoped to convince the jury that the conversation dealt with $50,000 in alleged bribes passed to Campbell from strip club owner Mike Childs to secure a liquor license for a new strip club Childs wanted to open. The license was denied, and Campbell also revoked Childs' current licenses in 1999, citing numerous violations and violence at Club Nikki. Clark, who testified that Childs often gave him cash, later went to work for Childs at another of his nude dance clubs.
The Government is expected to begin a day-long rebuttal case Tuesday morning. Lawyers have asked Judge Story for Wednesday off, in hopes of having and preparing for closing arguments Thursday.
Tuesday, 7 March 2006
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