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The Joplin Globe
November 7, 1996
Sheriff acquitted on eight counts
By Gary Garton
Globe Baxter Springs Bureau
TULSA, Okla. – Innocent on eight counts and no verdict possible on four was a federal court jury’s conclusion Wednesday in the trial of Ottawa County Sheriff James Ed Walker.
Appearing stunned by the jury’s verdict and impasse, Walker turned to family members with tears in his eyes. U.S. Attorney Steve Lewis and an assistant, John Russell, strode quickly from the courtroom deflecting reporters’ questions.
Chad Richardson, Walker’s defense attorney, said the four counts on which the jury could not reach verdicts remain filed, and Lewis will have to determine whether he will ask for a new trial.
Asked about that option, Lewis said, “I’ll have to study the situation before making a decision.”
Walker, who has been on voluntary suspension since being indicted by a federal grand jury in May, said he will talk to the Ottawa County Commissioners next week about returning to duty.
He did not seek re-election, but Walker still has two months left in his term.
“I don’t know what will happen, since they still have those four counts hanging over men,” he said, “I’d hoped to be acquitted on all of the counts, but we’ll just have to see what the legal situation is here.
“Before I go out of office I’d like to clear up the two unsolved homicides we have in the county, the Guy Krisher and Raymond Frazier cases. Those would be my last priority in office.
“Right now I’m just going to take a couple of days to rest and relax with my family.
Wednesday’s conclusion followed two hours of deliberations by the jury Tuesday afternoon and a full day Wednesday.
At 3 p.m., The jury sent U.S. District Judge H. Dale Cook a note saying it had reached verdicts in seven of the 12 counts against Walker, and were at an impasse on five Counts.
Reminding the jury of the time and expense that had gone into the case and trial, Cook asked the members to spend one more hour trying to reach agreement on the last five counts.
Returning at 5 p.m. the panel’s foreman told the judge it had one more verdict but was irrevocably deadlocked on four counts.
Cook polled the panel individually and several times as a group each time getting the same response.
Accepting the eight verdicts, Cook directed his clerk to read them aloud.
The jury found Walker innocent on:
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Count 1, extortion involving vendors Hubert and Steve East.
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Count 4, extortion involving Lawrence “Buddy” Brumback.
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Count 6, aiding and abetting illegal gambling with Hubert and Steve East.
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Count 7, illegal gambling involving George and Michael Roberts.
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Count 8, illegal gambling involving Edwin “Tubby” Mercer.
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Count 9, illegal gambling involving Buddy Brumback
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Count 10, obstruction of justice, involving Hubert and Steve East.
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Count 11, obstruction of justice involving Buddy Brumback.
The jury was unable to reach verdicts on:
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Count 2, extortion involving Tubby Mercer.
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Count 3, extortion involving George and Michael Roberts
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Count 5, extortion involving Charles “Chuck” Newkirk.
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Count 12, obstruction of justice involving George and Michael Roberts.
Despite what had appeared to be an overwhelming volume of prosecution evidence and witnesses, through most of two weeks of trial testimony, jurors apparently gave more weight to defense attorney Gary L. Richardson’s closing argument.
After what seemed only a minimal defense, with eight witnesses, Richardson hammered the jury with the investigative power of the federal government, compared with the limited power of defenders.
“They can use the carrot and stick to make these people testify, charging them with crimes and then promising them leniency for their testimony. If we did something like that we’d be disbarred,” Richardson said.
He also brought out the theory that Walker was targeted by an unspecified power structure in Ottawa County for interfering with the illegal gambling business.
“He was making waves, and they were starting to slop over on the wrong people,” Richardson said.
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