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(WSB Radio) -- On their second day considering the Campbell allegations, jurors deliberated for just over an hour Friday morning before announcing they had a question for Judge Richard Story. The question they sent out asked, "Is it legal or illegal for the mayor to accept a speaking fee from a vendor doing business with the city?"

The Judge replied in writing, "Accepting a speaking fee from a vendor is not in and of itself illegal. The acceptance of a fee would violate the law only if it is a bribe (See page 25 of instructions) or exceeds $101.00 and directly relates to the recipient's official duties (see page 30-31 of instructions). I remind you that if you consider the referenced instructions, you should consider them in the context of the entire charge and the evidence in the case and not in isolation."

While there was no way to know for sure, it appeared jurors were considering Act 7 of Count I on the indictment, the RICO count. That act involved a $5,000 speech Campbell made to employees and relatives of communications businessman George Greene, who already had several contracts with Atlanta or Fulton County at that time in 1996.

WSB's Veronica Waters reports Thursday deliberations had gotten off to an odd start in the morning. Just after U. S. District Judge Richard Story spent an hour charging the jury—giving the panel of seven men and five women their instructions and explaining the law they have to follow—the group retreated to the jury room, and an FBI agent came in with what appeared to be a letter. Special Agent Mile Brosas was sworn in and spoke with attorneys and the judge in a sidebar. Defense attorney Jerry Froelich was overheard to say, "This is a serious matter."

Story recessed for about 40 minutes, then announced that what they thought might be "a potential jury issue" had been resolved.

"All is well," Story said. "We're fine with the jury at this point."

Lawyers for both sides declined to reveal what the issue had been. Jurors began their deliberations about 10 minutes later, at 11:30, then broke for lunch around noon. The four alternates were excused after the jury charge.

Just after jurors went into the jury room, former Mayor Campbell, his wife, Sharon, sister Mildred, brother Eddie and other supporters stepped into the hallway, joined hands, and prayed together.

The jury of seven blacks and five whites heard what amounted to 45 pages of instructions from Story--who, as he had speculated he might, used a PowerPoint presentation to explain the law's complexities--and received a copy of the seven-count indictment, which accuses Campbell of racketeering, bribery, and tax fraud. Jurors heard from 89 witnesses—72 called by the prosecution, 17 called by the defense—and lawyers tendered well over 1,000 exhibits during the course of the trial, many of which were given to the jury to aid in their deliberations.

Judge Story is letting the jury decide when they want to begin and end deliberations each day, as well as when they want to take breaks or go to lunch. Jurors broke for the day at 5:15 and planned to resume their work Friday morning at 9:00.

As jurors worked inside, U. S. Attorney Dave Nahmias addressed reporters outside. Though the trial testimony stretched into a seventh week, Nahmias said the case had proceeded "much quicker" than prosecutors had anticipated.

"Our evidence came in in a very good fashion, very organized, and we got in the things that we wanted to get in," said Nahmias. "Mr. Campbell has now received what he acknowledges to be a fair trial, in front of what he acknowledges to be a fair judge, and the case is now going to be decided by a jury that is very representative of our community."

The counts are listed as follows:

  • COUNT I – RICO

    Jurors must find Campbell guilty of two underlying acts to convict on the racketeering count. They have 11 options to consider, and because of the statute of limitations, at least one must have occurred after April 29, 1999.

    Act 1: Bribery. An alleged payment of $25,000 Dan DeBardelaben says he delivered in the summer of 1999

    Act 2: Bribery. An alleged payment of $20,000 Dan DeBardelaben says he delivered in the summer of 1999

    Act 3: Bribery. An alleged payment of $10,000 Dan DeBardelaben says he delivered in the summer of 1999

    Act 4: An air conditioning system and cash allegedly provided by Campbell friend and contractor, Fred Prewitt

    Act 5: Gambling trips and cash allegedly provided by Fred Prewitt

    Act 6: Bribery. $50,000 cash Dewey Clark says he delivered from strip club owner Michael Childs

    Act 7: Payment for a speech and cash for gambling Dewey Clark says he delivered from city contractor George Greene

    Act 8: Mail Fraud. Illegal campaign contributions funded by dirt contractor Ronnie Thornton

    Act 9: Bribery. Businessman Howard Sole says he was solicited by a Campbell friend to donate $100,000 to the re-election campaign for favorable consideration on a contract

    Act 10: Mail Fraud. Prosecutors say the Campbell campaign defrauded donors by holding "retire the debt" fundraisers, then misused funds for personal expenses and left some creditors hanging

    Act 11: Honest Services Fraud. Prosecutors say Campbell signed a 2001 contract addition for United Water without disclosing the company had paid for his hotel and car while in Paris in 1999

  • COUNT II – CORRUPT PAYMENT

  • COUNT III – CORRUPT PAYMENT

  • COUNT IV – CORRUPT PAYMENT

    These counts are the same payment alleged in racketeering acts 1-3 on Count I.

  • COUNT V – TAX VIOLATION

  • COUNT VI – TAX VIOLATION

  • COUNT VII – TAX VIOLATION

    These counts allege Campbell willfully underreported his income in the years 1997, 1998, & 1999

    Friday, 10 March 2006

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