Miami News-Record
Thursday, November 21, 1996
Defense, feds at odds over Walker
By Ron Holmes
Miami News-Record
The U. S. Attorney’s Office still maintains that it is proceeding with the prosecution of the four remaining charges against Ottawa County Sheriff James “Ed” Walker, a move which defense attorney Gary Richardson said is unfair and a waste of taxpayers money.
“(Prosecutor) Steve Lewis is in Washington this week,” said Randy Edgmon of the U.S. Attorney’s Office Wednesday. “He sits on the Attorney General’s Advisory Committee. But I talked with him yesterday. We’re just waiting word from the judge for new trial date.” Edgmon said that a new trial would automatically be set on the remaining counts.
Earlier this month, a jury in Tulsa, acquitted Walker on eight of the 12 charges of extortion, illegal gambling and obstruction of justice. The jury was deadlocked on the remaining four counts.
One juror, who agreed to talk, was especially critical of the government’s case against Walker. “It was the damnedest miscarriage of justice that I’ve ever seen,” said Jenks horse trainer Jim Bishop who voted for acquittal on all charges. “What a hype job. Those people (indicted federal witnesses) have been running illegal gambling for 20 years. I don’t know how anybody in their right mind could take the testimony of a convicted felon who was trying to get off. If that’s all the government had on this guy, it was poor.”
The charges stem from a raid by federal agents against area businesses in September of 1995. In the raid, numerous video gambling machines were seized and a subsequent grand jury indicted several bar owners and machine vendors.
“We keep hearing that (federal prosecutors) are talking about retrying him on the four counts,” said Richardson Wednesday. “I’m somewhat discouraged with the government. He was acquitted on eight of the charges. I’m hopeful they will reconsider their position and realize it’s a case that doesn’t merit their prosecution. It’s a matter of the taxpayers’ expense; it’s a matter of fairness.
“In our system it’s the government’s responsibility to prove guilt. Justice should prevail, and justice to me says let the man get on with his life.”
But Richardson said he is not worried about a retrial. “We only had three weeks to get ready for this case,” he said. “Now that we understand it, I think we’re in a lot better position. I’ve tried to be accommodating as far as certain other people are involved, but we know a lot more about this case now.”
Richardson also said that he has advised Walker to not return to work. “He’s willing to go back to work,” Richardson said. “He’d rather be working for his pay than not.”
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