Feds torch 'smoke, mirrors' defense { John Ford - TN Waltz }

Memphis Commercial Appeal ^ | 4/25/7 | Trevor Aaronson

[SmithL]

Beginning closing arguments during the twelfth day of former state Sen. John Ford's public corruption trial, Asst. U.S. Atty. Tim DiScenza assaulted what he characterized as the Memphis Democrat's smoke-and-mirrors defense.

"There's a maxim most young lawyers hear," DiScenza told the jury. "When you're defending the case and you've got the law on your side, argue the heck out of the law. And if you have the facts on your side, argue the facts. And if you have neither on your side, accuse the government of misconduct and yell entrapment."

Indeed, court proceedings Tuesday revealed defense attorney Michael Scholl vested greater interest in attacking prosecution witnesses than presenting original testimony.

After extensively cross-examining each of the 10 prosecution witnesses -- taking three days on FBI undercover agent L.C. McNeil and introducing dozens of video and audio recordings -- Scholl needed only two hours and three witnesses to present his defense against the charges of bribery and intimidation.

Scholl's first two witnesses did not even address the alleged events surrounding the Tennessee Waltz sting. Instead, they talked about a Rolex worth as much as $75,000. Developer Rusty Hyneman purportedly gave the timepiece to Ford in exchange for the senator's help in alleviating state environmental fines.

The diamond-encrusted Rolex is not related to the charges against Ford. Prosecutors are using the watch to in an attempt to show Ford has a history of accepting payoffs for official actions.

Allan Wade, the City Council's attorney who has also represented Hyneman, testified Ford said little during a state meeting to discuss the environmental case against the developer. Wade's testimony rebutted a secretly recorded FBI video on which Ford bragged about receiving the Rolex from Hyneman after saving him $1.5 million in fines.

"If Mr. Hyneman had given Mr. Ford a Rolex for setting that meeting up, he wouldn't do that in front of you, would he?" DiScenza asked Wade.

"I don't know," he answered.

"That would be a payoff, wouldn't it?"

"That's your characterization," Wade said.

William Troy Watson, a clothing designer in Memphis, followed Wade with brief testimony. He said he went with Ford to Hyneman's house, where the pair appeared to swap Rolex watches.

The defense's third witness had a familiar name: Mina Knox, Ford's 26-year-old girlfriend who was mentioned frequently in earlier testimony.

"We are in a relationship," Knox said of the 64-year-old politician.

In her testimony, Knox said she attended the FBI-funded yacht party in Miami in summer 2004 at the invitation of FBI informant Tim Willis. Like Willis, Knox was in South Florida for American Black Film Festival.

At the party, Knox and Ford hit it off. The pair had been introduced before -- Ford was a friend of Knox's grandfather, she testified -- but their relationship grew on the boat. Knox spent the whole time socializing with the Tennessee state senator.

According to Knox, McNeil said he produced music for movies and said nothing about E-Cycle, the FBI sham company that hosted the yacht party.

Following Knox's testimony and a long conference with the attorneys, U.S. Dist. Judge J. Daniel Breen excused a black female juror and replaced her with a black male alternate. She was the trial's second juror to be excused. Unlike with the first juror excused, Breen did not provide an explanation for the removal.

Then, about 4 p.m., DiScenza returned in his closing arguments to the trial's stars: the FBI audio and video recordings.

Fighting Ford's entrapment defense, the prosecutor noted as he played one of the recordings that Ford expressed interest in working with E-Cycle during the initial meeting and was in fact the first person to discuss payments and a monthly amount.

"Book me, I'm on board, whatever we need to do," Ford tells McNeil during their initial encounter. DiScenza stopped the recording.

"I want money; you want legislation," Di- Scenza said and then repeated Ford's words: 'Book me, I'm on board.' "

As he finished playing the recordings, Di- Scenza turned to the jury and asked for the verdict "truth dictates and justice demands."

"Only 12 people have the power to stop this," he said. "And that is the 12 of you who go back in that jury room. You are the only people in the world who have the power to stop John Ford from doing what he did."

The defense presents closing arguments today.

[SmithL]

And, for more information about this entire scandal, click on keyword TNWaltz.

[oyez]

Its just politics. Everybody does it. What the point of electing public officials it they are just going to sell their offices. If you got the do-rae-me they got the legislation. Constituents are just a number.

[thelastvirgil]

Ford will probably walk, run again for his old seat, and win. Nothing a majority black jury likes better than a folk hero like John Ford getting over on whitey.

[Coldwater Creek]

Six (6) blacks and six (6) whites.

[thelastvirgil]

Six is plenty to hang this jury. I’m not making a recommendation, I’m just saying.

[oyez]

And its their vote he’s selling.

[VRWCmember]

At the party, Knox and Ford hit it off. The pair had been introduced before -- Ford was a friend of Knox's grandfather, she testified -- but their relationship grew on the boat. Knox spent the whole time socializing with the Tennessee state senator.

So she's banging a guy who was a friend of her grandfather. What a fine ho young lady.

[GailA]

Now his sister is under media survelience...for abusing the tax dime for her trips to Nashville..when and IF she goes up, she's been TO sick to attend most of this session.

While I prefer she keeps her behind home as much as possible (she's my senator, YUK) I don't want to over pay her travel when she does grace the capitol.