The Joplin Globe
Tuesday November 5, 1996
Jury to begin deliberations in Sheriff’s trial
By Gary Garton
Globe Baxter Springs Bureau
TULSA, Okla. - Eight witnesses. No conspiracy theory. And a quick day in court.
That was the gist of the last day of arguments in Ottawa County Sheriff Ed Walker’s federal trial on gambling and racketeering charges.
The sudden closure surprised even U. S. District Judge H. Dale Cook, who sent the jury home to return today for closing arguments and deliberation on a verdict.
“I hadn’t expected we would get this far this fast,” Cook told the jurors, indicating he needed the remainder of Monday to go over proposed jury instructions with the prosecution and defense attorneys.
Cook set today’s court session for 10 a.m. giving jurors time to vote before reporting for duty.
The suspended sheriff’s attorney, Gary L. Richardson, said Monday that a continuing series of successful prosecution objections to character witness testimony prompted him to rest the case.
“I can’t get testimony before the jury about who Ed Walker is, what kind of man he is,” Richardson said.
In opening statements, Richardson said Walker had been a victim of a set-up and framed in the charges. The defense attorney never mentioned the conspiracy theory at trial.
Walker declined to discuss the handling of his case, referring all questions to Richardson.
U.S. Attorney Steve Lewis admitted Monday’s defense action took him by surprise as well saying, “I’d expected we would get through several more witnesses.” Both he and Richardson had indicated Friday testimony in the case might conclude today.
Richardson’s first witness Friday was Terry Durborow, former undersheriff who is now Miami’s civil defense director.
Durborow testified he and Walker spoke with District Attorney Ben Loring about using undercover personnel to investigate illegal gambling. His testimony did not elaborate on the meeting.
Loring said Monday the only meeting he remembers with Walker and Durborow about the use of undercover investigators happened shortly after Walker took office in 1993.
“There were some general conversations about undercover people, but that was before this specific problem that wound up being turned over to the federal authorities came up,” Loring said.
Richardson called Miami City Attorney Jim Thompson. He testified that in private practice he represented Joe Irwin, owner of a bar at Commerce where illegal gambling machines were seized in 1994.
Thompson said that “early on in 1993” he talked to both Walker and District Attorney Loring about illegal gambling machines and that “they both had the same position.”
Richardson did not pursue the line of questioning, and Lewis did not cross-examine Thompson about the discussion.
Miami Police Chief Gary Anderson testified Monday that he did not know about illegal gambling machines at Joses, the Thunderbird and P.J.’s three bars in Miami included in the federal raid in September of 1994.
Anderson said his department was not asked to participate in the federal investigation leading to the raids.
Both the defense and prosecution had subpoenaed Walker’s personnel records for the period he was a Miami police officer, Anderson brought the records Monday, but they were never referred to in Richardson’s questioning.
Clarence McMinn, a Miami police officer, testified he worked with Walker as a Miami policeman, and did not think Walker was the type of person who would take money illegally.
Other defense witnesses testifying Friday were current Undersheriff Mike Smith, who indicated he was not aware of illegal gambling machines in the county, and Rick Estep, Walker’s brother-in-law.
Former deputies Bill Neely and Terry Butterfield, testified on one occasion they warned owners of a bar in eastern Ottawa County about having gambling machines, but also testified on cross-examination they did not prepare a report on the contact until after the federal raids on Sept. 14.
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