Miami News-Record
Wednesday, November 6, 1996
Walker jury goes to 2nd day of deliberations
By Ron Holmes
Miami News-Record
Federal Judge H. Dale Cook had scheduled a late start Tuesday to allow the jurors time to vote, “10 a.m.?” he had asked them Monday evening. “Will that give you all enough time?” Dutifully they had all agreed it would.
Still everyone anticipated a brisk day in court, with closing arguments and possibly a verdict in this, the third week of the trial of Ottawa County Sheriff James “Ed” Walker for extortion, illegal gambling and obstruction of justice. But at times the wheels of justice seem to turn exceedingly slowly.
The courtroom itself was packed. Friends, relatives and supporters of the sheriff crammed themselves into the benches behind the defense table, and on the other side, behind the prosecution, sat FBI and IRS agents and a bevy of miscellaneous federal officials. As the morning began, both sides seemed confident of victory.
In his closing argument, U.S. Attorney Steve Lewis compared the illegal gambling in Ottawa County to a blemish that grew into a cancer. “When it began, it was illegal,” he said, “but it wasn’t very illegal.”
In his straightforward, by-the-book style, Lewis summarized his lengthy case for the jury, spelling out the testimony of machine vendors and bar owners, who said they had made payoffs to Walker. He referred back to the 253 telephone calls between machine vendors and the Walker residence or the sheriff’s office. “No one can make that up.” He said. “No one can lie about that.”
Lewis pointed to the two money orders cashed by the Walkers, money orders which the wife of a machine vendor said she mailed to them as a payoff, and finally he focused on the defense contention that Walker was framed.
“The defense counsel asked if it was possible he was framed because of the corruption in Ottawa County,” he said. “But where is the corruption?”
Then, pointing at Walker, he told the jury, “The corruption in this case is summed up in three words-James Ed Walker.”
The charges against Walker stem from the Sept. 14, 1995 raid by federal agents against illegal gambling in Ottawa County. At the time 78 video gambling machines were seized and numerous indictments have resulted.
Before defense attorney Gary Richardson began his closing arguments, he first turned the volume of the microphone down, a seemingly odd move until one noticed that the jurors leaned forward to catch his words. And with that the gray-haired attorney began to poke holes in the government’s case. “Why did the feds put a polygraph clause in the plea agreements if they didn’t want to use it?” he asked, questioning the veracity of prosecution witnesses and the fact that the government did not polygraph them. “Why didn’t they verify the different stories they were told?” he asked.
Why didn’t they tape a call to Sheriff Walker from one of those who claimed to have paid him percent? We could have saved a lot of time, one phone conversation would have done it,” he said.
Of the money orders he asked the jury, “What law enforcement officer with an ounce of brains would take kickback money in a money order and cash it at his own bank?”
“Folks, you can tell a lot about a country by its legal system,” he told the jury. “What would you think about a country where both sides could make promises to witnesses?” “What would you think about a country where only one side could?” he asked, continuing as he has done throughout the trial, his references to the plea-bargains between federal authorities and prosecution witnesses.
In an impassioned plea, he asked if a man can be convicted in our country on this kind of evidence. Are you going to ruin a man who’s been in law enforcement for 20 years?”
Finally he told the jury. “I leave Sheriff Ed Walker in your hands.”
“You’ve just heard what a skillful defense attorney can do when the evidence is overwhelming,” said Lewis in the second part of his closing argument. “Then with an illustration from nature he characterized the opposition’s conspiracy argument. “Herrings swim in schools to protect themselves from sharks,” He told the court, “Sometimes nature will put in a red herring, which will swim off in a different direction, distracting the shark. This conspiracy is a red herring.”
Finally, Lewis asked foe a guilty verdict.
It was late in the day before the judge finished his lengthy instructions to the jury, and after two hours of deliberation he excused them until Wednesday morning.
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