Miami News-Record
Friday, October 25, 1996
Walker’s lawyer continues frame-up defense
By Ron Holmes
Miami News-Record
TULSA - After hours of testimony and intense cross-examination, after numerous brief conferences between the attorneys and the judge, after endless documents have been read and re-read, after four grueling days in which spectators squirmed uncomfortably on the beautifully refinished, but painfully severe wooden benches in the federal building here, the trial of Ottawa County Sheriff James “Ed” Walker saw a shortened session Thursday. Today’s session is expected to be equally as brief. Some say the on-going PGA Tour Championship is to blame.
Still, there were few surprises Thursday in the proceedings, which, included the continued testimony of gambling machine vendor and bagman Mike Roberts and former bar owner and gambling indictee, Peggy Williams.
After telling the court on the previous day that he and federal agents had “rewrote” his statement to them, and revealing the existence of other versions, Roberts resumed his testimony under the meticulous cross-examination of defense attorney Gary Richardson who was newly armed with the other versions.
Roberts said there had been numerous mistakes, such as his date of birth, and the number of years which he had worked for his father’s firm, Ozark Amusement, in the Form 302 summary of his interview with FBI agents, and that he had merely corrected these mistakes. Roberts also said he met with federal agents six to eight times to “go over my testimony to make sure everything was accurate.”
The importance of the squabble over the versions of his statement was illustrated when U.S. Attorney Steve Lewis, in a slip of the tongue, asked Roberts, “What’s the next thing that you changed…uh..corrected?”
In an attempt to bolster his charge of a frame-up, it is a point which Richardson has hammered on with each witness, most of whom have pleaded guilty on related charges and await sentencing, and indeed there have been some discrepancies in the testimonies given in court and those originally provided to federal agents. The extent and validity of these differences is something the jury must weigh.
But one recurring theme is whether the venders and bar owners who have testified kept records of the monies which they say were paid to Walker. More than one indicated in their initial interviews with the FBI that they kept records of the payments, but now all deny having written records, and so far none have been produced in court.
Walker is charged with 12 counts of extortion, obstruction of justice and illegal gambling in connection with the widespread use of video gambling devices in Ottawa County. Last fall federal agents seized 78 such machines in a raid of area businesses. Numerous machine vendors and establishment owners have been indicted.
In his cross-examination, Richardson established that while Roberts could have been charged with literally hundreds of counts, federal authorities agreed to limit his charges to three counts in exchange for his cooperation. He also established that Roberts and his wife were friends with the Walkers, often visiting their Miami home for backyard barbecues and socializing.
Another defense question was why Roberts, who cooperated with federal authorities as part of his plea agreement, did not tape an incriminating conversation with Walker when asked to do so by the feds. Roberts testified he was afraid to make a secret tape even over the telephone.
“The real reason you refused to make a tape was because you knew it would not support this theory, isn’t that true?” Richardson asked him.
“No,” he replied
“Nothing further,” said Richardson, with dramatic abruptness. Lewis in turn provided lists of toll calls made by Roberts to Walker’s home and office, and painstakingly examined the often trivial changes made by Roberts to his original statement.
The jury also hear Peggy Williams, former owner of PJ’s Bar and the niece of Don Hogan, owner of Hattie’s in Commerce, both of whom have entered plea agreements.
“I’ve lived there all my life,” she said. “The gambling has always gone on. None of us ever considered it that serious.”
She has been charged with only one count of illegal gambling and told the court that it is her understanding that the U.S. attorney can recommend a sentence below the minimum on the charge. “I was never raided or bothered by the Miami police,” she said. So far, the testimony presented hinges on Roberts. While his father, George Roberts, said he set up the alleged deal with Walker, he also said there were no others present at the time. And while the bar owners who have testified say they were making payoffs to Walker, with one possible exception, it was only on the word of the Roberts pair. George Roberts has testified that Mike made all the payoffs and while Mike confirms this it is still a question of his credibility. As yet, there has been no hard tangible evidence to support his claim.
The prosecution’s case will continue today and is expected to last through much of next week. While Lewis refuses to discuss what witnesses he might call, the defense has already subpoenaed a plethora of Ottawa County powerbrokers, including Miami Mayor Louis “Red” Mathia, District Attorney Ben Loring, Miami City Attorney Jim Thompson and Judge Robert Reavis.
Whatever the outcome, it is not a trial which Ottawa County will soon forget.
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