Miami New-Record
Tuesday, November 5, 1996
Defense rests; Walker jury to decide today
By Ron Holmes
Miami News Record
Surprisingly, almost abruptly, the defense rested its case Monday in the trial of Ottawa County Sheriff James “Ed” Walker on federal charges of illegal gambling, obstruction of justice and extortion.
Despite opening an argument promise that, “before this is over everybody will know about corruption in Ottawa County,” defense attorney Gary Richardson called few of his subpoenaed witnesses and fewer still commented significantly regarding the alleged corruption. In addition to Miami Mayor Louis “Red” Mathia, Richardson had also subpoenaed District Attorney Ben Loring and Judge Robert Reavis.
Walker was indicted by a federal grand jury earlier this year on the 12 counts, which stem from the Sept. 14, 1995, by federal agents against several area businesses. The raid resulted in the seizure of 78 video gambling machines and numerous indictments. Many of those testifying for the prosecution did so as part of a plea agreement with federal authorities.
While Miami City Attorney Jim Thompson was Monday’s first witness, his testimony centered primarily on a real-estate deal between him and Walker which U.S. Attorney Steve Lewis alluded to last week. Thompson told the jury that he sold his $85,000 home to Walker for $45,000 and that his corporation lent the sheriff a portion of the down payment. Thompson said the house was devalued due to being flooded.
Thompson also said that he spoke with Walker and Loring regarding video gambling devices while representing Joe Irwin, owner of Joe’s Place in Commerce. He told the jury that Walker position on video machines was the same as that of the district attorney. He did not, however, state what that position might have been.
The defense also called Miami Chief of Police Gary Anderson, an old acquaintance of Walker’s. He said that he and Walker had worked together for 20 years on the force and that as sheriff, Walker had never interfered in any way with law enforcement regarding the machines.
Anderson said that he was aware the raid would take place but was not asked to participate. He also testified that prior to the raid he was not aware of illegal gambling in Ottawa County.
The defense also called Miami Police Officer Clarence McMinn who had worked with Walker for several years at the department. In his direct examination, Richardson attempted to elicit testimony regarding a conversation between McMinn and Walker Bluejacket, of Kelly’s Bar in Wyandotte, regarding the alleged payoffs, but an objection by Lewis was sustained by Judge H. Dale Cook and McMinn’s testimony dwindled.
There was no cross-examination of Monday’s defense witnesses by the prosecution, and following McMinn’s statements, shortly before 11 a.m., Richardson rested his case. Court was adjourned until Tuesday.
Following the proceedings Richardson said the decision to rest was a result of his belief that the prosecution had not proven the charges, and that the jury was tired. He also said that Walker, who has suffered four heart attacks, and had been under considerable stress. But Richardson also complained that he wasn’t able to present some to the testimony he wished. “They objected to everything we tried to put on,"” he said of the prosecution.
Instructions to the jury will begin Tuesday morning, followed by closing statements. It is possible that a verdict may be reached before the end of the day.
In the event of an acquittal, Walker, who has been on a paid leave of absence since his indictment, is expected to resume his responsibilities as sheriff until the sheriff-elect assumes office.
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