Miami News-Record
Tuesday, October 22,1996
Walker’s trial opens with fireworks
By Ron Holmes
Miami News-Record
TULSA – It was a dark, ominous morning Monday as a few lone smokers gathered on the steps of the federal building in downtown Tulsa, shielding themselves from the chill, winds whipped rain. It was not a pretty day, but still there were few hints of the storm to be unleashed in a courtroom upstairs.
In a flurry of $400 suits, security tighter than a new engine and the incessant hum of rush-hour traffic outside, the trial of Ottawa County Sheriff Ed Walker on 12 federal counts of extortion, obstruction of justice and illegal gambling began with few surprises, at first.
Despite an administrative delay, no-nonsense Federal Judge H. Dale Cook swept through jury, selection and by mid-afternoon was ready for the opening statements, the chance for attorneys on each side to summarize for the jury the cases they will present.
U.S. Attorney Steve Lewis, perhaps once more gauging his chances for political office, elected to try the high profile case personally and during opening statements dutifully laid out the state’s case against Walker, which despite his use of huge, Perot-like posters, is composed mainly of testimony by indicted co-conspirators who have already made their deals. Lewis named Walker as the kingpin a conspiracy among vending machine distributors and businesses to conduct illegal gambling and that Walker received 10 percent of the net profit. “This trial will be the story of Sheriff Ed Walker and his partners in crime,” he told the jury.
But it was not until the polished, gray-haired Gary Richardson, Walker’s new attorney, addressed the jury that the fireworks began.
“There is one question I want you to keep in mind,” he told the jury. “Do you think it is possible that the sheriff of Ottawa County, because of his action against corruption in Ottawa County was framed?”
Richardson said that Walker had sent a letter to all bar owners in 1994 telling them to get rid of their video poker machines because it was the only way to prevent gambling. The attorney promised that deputies would testify that Walker never told them to not enforce the gambling laws. “He was the only one in years to take any action,” Richardson said.
Then Richardson laid bare what has long been rumored, that such gambling had gone on for years in Ottawa County with law-enforcement turning a blind eye, and that during last year’s raid by federal agents, neither the VFW nor the Elks Club in Miami were raided although they both had similar machines.
“The feds say they ran out of manpower,” he told the jury and said that the machines in the Elks Club were purchased by the father of an Ottawa County judge. “The Elks Club makes $28,000 a year from those machines,” he said.
Richardson also accused Ottawa County District Attorney Ben Loring of ordering the return of machines removed from some bars after owners complained. The Tulsa defense attorney said that he has subpoenaed Loring to testify.
“There is not one shred of evidence of Walker taking a bribe,” he said. He pointed to stacks of FBI telephone-tap tapes and told the jury, “There’s not one conversation that says he took money.” And Richardson said that Michael O’Brien, the only co-conspriator who steadfastly maintained that he had “never paid Walker a dime,” is in the penitentiary.
Finally, Richardson questioned the motives of district attorney investigator and former candidate for sheriff, Jim Green, who he said started the investigation against Walker. “It’s interesting to note that he wanted to be sheriff. Why would he want to go from a $36,000 a year investigator’s job to be sheriff for $28,000?” Richardson also promised to subpoena Green.
“There’s more to the story,” he said. “By the time this is over everyone will know about corruption in Ottawa County”.
Early in the day, during jury selection, it became apparent that a strange coincidence had occurred. By chance, the pastor of Walker’s church had been called to jury duty. He revealed the fact to the judge and was dismissed, but Walker’s wife commented on the odd circumstance outside the court room. “It makes me believe that God is on our side,” she said.
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