The Joplin Globe
Friday, Nov. 8, 1996
Federal attorney to seek new trial against Sheriff
By Gary Garton
Globe Baxter Springs Bureau
MIAMI, Okla.- Ottawa County Sheriff James Ed Walker, acquitted Wednesday of eight counts in connection with an illegal gambling case, apparently will be back in court on four others.
U.S. Attorney Steve Lewis on Thursday said he wants another trial, with a new jury, on the four charges against Walker that remain unresolved. They include three counts of extortion and one count of obstruction of justice.
Gary L. Richardson, Walker’s defense attorney says he hopes Lewis will reconsider his decision.
“He (Lewis) took his best shot and the jury didn’t agree with him,” he said in a telephone interview.
“I hope he will rethink this after he gets past some of the immediate post-trial stress. This man (Walker) has been trough a lot. . It seems like the U.S. attorney should have some other fish to fry.”
U.S. District Judge H. Dale Cook’s clerk said Thursday the judge has not instructed her about setting a possible new trial date for Walker. “That would probably be fairly soon, but he has not said anything today about a new date,” she said.
Wednesday evening a federal court jury found Walker not guilty on two counts of extortion, four counts of conspiracy to promote illegal gambling and two counts of obstruction of justice
The panel could not reach a verdict, and Cook declared a mistrial on the four remaining counts filed in May against Walker by a federal grand jury.
All of the charges relate to a federal investigation of illegal gambling machines in Ottawa County, and allegations Walker had demanded money from machine vendors and bar owners to let the machines continue to operate.
The specific counts remaining against Walker allege that he extorted money from machine vendors Edwin “Tubby” Mercer of Monkey Island, George and Michael Roberts of Neosho, Mo., and Charles “Chuck” Newkirk of Oronogo, Mo., and one count o f obstruction of justice relating to the Roberts.
Lewis continued to decline comment Thursday on why jurors did not accept what had appeared to be a strong prosecution case in the original 12-count indictment.
He said he was not aware of sentencing dates being set for any of the vendors or bar owners who have testified against Walker, in plea-bargain agreements involving charges they face on illegal gambling and conspiracy counts.
“Sentencing dates are up to the court,” he said. “”We would naturally expect to recall some of the witnesses relating to the remaining charges.”
After the jury had announced verdicts in some of the counts and an impasse on others, Walker commented Wednesday during a court break on his lawyer’s strategy.
“We could have called a lot more witnesses that we did,” he said, “Chad (Chad Richardson, of the defense team) was reading the jury, and he felt like they were tired. We agreed to stop where we were and leave it up to them.
“If this goes to another trial, I think we should call more of the people we had lined up this time.”
Witnesses who had been subpoenaed by the defense, but were not called, included District Attorney Ben Loring and one of his investigators, Jim Green, and a previously sentenced machine vendor, Michael O’Brien, Goodman, Mo.
Gary Richardson told the jury during his arguments that O’Brien was the one vendor “who did not take a plea bargain agreement with the federal government, and who got a stiff sentence as a result
Michael O’Brien was sentenced Sept. 19 to 27 months in federal prison after being found guilty by a jury of conspiracy to promote illegal gambling and conducting an illegal gambling operation. He and his family operated an establishment known as the “Blue House” at West Seneca. His wife and son were granted probation.
In a related matter, District Attorney Ben Loring said Thursday his advice to Ottawa County’s commissioners will remain the same regarding Walker’s job status.
After the sheriff was indicted in May he took voluntary suspension with pay. He said Wednesday night he would contact the county commission about finishing his last two months in office, after being cleared on eight of the original charges.
“There are still outstanding charges that have not been resolved,” Loring said. “It is basically the same situation we had when he took his suspension, the number of charges is different.”
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