Miami News-Record
Friday, November 1, 1996
Prosecution wraps up in Walker trial
By Ron Holmes
Miami News-Record
TULSA- Federal prosecutors presented more payoff witnesses and unveiled a long list of damaging telephone calls as the trial of Ottawa County Sheriff James “Ed” Walker continued Thursday. And after nine long days, the prosecution expects to wind up its case today.
Walker is charged with 12 counts of extortion, illegal gambling and obstruction of justice. The charges stem from an intensive federal investigation into gambling machines in Ottawa, Delaware, Mayes and Craig counties and last fall’s raid of several area businesses by federal agents.
The owner of Westside Country Bar in Commerce, Evaline Lammey, told the court Thursday that portions of her illegal gambling proceeds were paid to Walker through vending machine operator Hubert East, but also indicated that she didn’t get the protection she thought she was buying. Lummey claimed that her establishment was harassed by city, county and state law enforcement agencies and that she finally stopped paying. “There was too much law enforcement in the parking lot,” she said, “every weekend.”
Lammey also said she never saw payments being made to Walker and that when she told East she was going to stop paying the protection money, “He said, OK.”
East, owner of Merchant’s Amusements of Commerce, told the jury that he installed video gambling machines in several Ottawa County locations because “My customers requested them and we had to keep up with our competition.” He said if he had not done so, he would have lost his legitimate business to other vendors.
But East’s most telling testimony was the discussion of a telephone call from a person he identified as Walker. “He told me I needed to take out 10 percent for campaign contributions,” he said. East said the money was for “protection from anything that might occur…raids, any other thing that might occur.” He said that on five occasions, Walker visited his shop in Commerce to pick up money.
East also described some records of alleged payoffs to the sheriff which the prosecution had entered as evidence. The records showed dates, amounts of money and totals, but although he testified they were in his office at the time of the raid, they were not seized by federal agents and were provided by East several months later.
Under cross-examination, East said he had lied to federal investigators, telling them initially that he had never made payoffs. East testified as part of a plea agreement after pleading guilty to federal charges.
Toward the end of the session Thursday, the prosecution presented some to the strongest circumstantial evidence of the trial, calling Special IRS Agent John Gillette. Using huge posters, the prosecution outlined the voluminous number of phone calls made between Walker’s residence or the Sheriff’s Department and the vending machine operators. Working from records of long-distance calls, Gillette described the frequency and dates of phone calls made from Walker’s number to vendors. George Roberts, Mike Roberts, Lawrence Brombeck, Edwin Mercer and Charles Newkirk, and from the vendors to either Walker’s home or the sheriff’s office. He also told the court that any possible calls between Walker-East would have been local and no records would exist of them.
Gillette’s testimony will continue today with cross-examination by the defense attorneys.
U.S. Attorney Steve Lewis said Thursday he expects to complete his case today and the defense is expected to begin calling witnesses.
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