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Wednesday, January 25, 2006
Witnesses: Campbell backed contractors
The Atlanta Journal-Constitution
Loyalty and former Atlanta Mayor Bill Campbell’s interactions on behalf of city contractors were the issues today, as federal prosecutors tried to build a corruption case by adding more bricks.
Byron Marshall, Campbell’s former chief operating officer, and Doug Hooker, a former commissioner of Public Works, both testified for the prosecution about how vital loyalty was to Campbell.
Prosecutors are trying to show that Campbell preferred aides with blind loyalty who wouldn’t hesitate to do the former mayor’s bidding.
Marshall said it became a running joke between him and Campbell about loyalty versus competence. During his two days of testimony, Marshall said he and Campbell often battled about whom to hire and what qualifications were needed.
During cross-examination, defense attorney Billy Martin asked Marshall if Campbell ever hired someone who wasn’t competent.
“No one who is outright, totally incompetent,� Marshall said. “But, there were people hired who were incompetent in their jobs.�
When it came to city contracts, Marshall said he advocated a “transparent� bidding process once at a meeting. He said Campbell called him aside to complain that the idea had not been discussed with the mayor first. Campbell never adopted the plan, Marshall said.
Marshall said Campbell often interceded on contractors’ behalf. He said Campbell once did so for a contract involving a vending company owned by the wife of one of Campbell’s close friends, the late Ricky Rowe, a city contractor.
Marshall said he had concerns about the contract. Prosecutors displayed the document to the jury, showing it carrying Campbell’s signature, but not the chief operating officer’s.
Prosecutors are trying to show jurors that Campbell often got involved with contracts and that potential bidders knew this, making them believe they had to curry the mayor’s favor to do business with the city.
When he took the stand, Hooker, the former Public Works commissioner, recalled a conversation with Campbell shortly after he was elected mayor. Hooker, who was hired by former Mayor Maynard Jackson, had been the interim commissioner under Campbell.
“ ‘Let me be honest with you,’ � Hooker recalled the mayor saying. “ ‘I don’t know if I can trust you.’ I didn’t know what that meant.�
Hooker assumed that Campbell was leery of his friendship with City Council President Marvin Arrington, who often clashed with Campbell.
“I told him that he could trust me,� Hooker said. “But I said I wouldn’t do anything illegal.� Hooker said Campbell responded that he would never ask him to do anything illegal.
Campbell offered Hooker a six-month contract, which Hooker refused. Campbell eventually gave him a two-year appointment, which Hooker accepted.
Hooker also testified about controversial improvements to the Spring Street Aqueduct. The original contractor for the project was using his own drilling team to test the soil and foundation, instead of a company owned by Ricky Rowe.
Rowe’s company, R&D Testing & Drilling, had an annual contract with the city to perform that sort of work. Hooker said Campbell demanded to know why Rowe’s company wasn’t being used by the aqueduct contractor.
“He was angry, yelling so loud that I had to hold the phone out,� said Hooker. Hooker said R&D’s work in general was “fine, sometimes poor.�
Hooker said he was able to finally convince Campbell that the city would be liable for problems if they used Rowe’s company instead of the contractors.
Permalink | | Categories: Bill Campbell trial
Prosecution can add more evidence
The Atlanta Journal-Constitution
The prosecution in the Bill Campbell federal corruption trial can use evidence of legal behavior to prove a pattern of illegal activity during Campbell’s tenure as mayor, U.S. District Judge Richard Story ruled today.
The decision gives prosecutors more latitude to prove its case.
Story had suspended proceedings Tuesday after Campbell’s defense team on Monday and Tuesday lodged several objections about the relevance of certain questions prosecutors had asked the first two witnesses in the case, former Campbell campaign manager Kevin Ross and former city of Atlanta Chief Operating Officer Byron Marshall.
Story said he would allow testimony about Campbell’s involvement in things such as negotiations with companies that did or were trying to do business with the city, even if those contracts and Campbell’s behavior were legal. The judge said the evidence was relevant in the prosecution’s attempt to prove the former mayor was often personally involved in city contracts.
“This draws the line that connects them [city contractors] to him [Campbell],� Story said.
Prosecution and defense attorneys were up past midnight Tuesday preparing their arguments about what evidence should be allowed in the case.
Testimony today did not resume until almost 9:30 a.m., although Story said at the beginning of the trial last week that he intended to start each day at 9 a.m. and finish at 5 p.m.
The judge quipped this morning: “For those lawyers who were here after midnight you are permitted to have coffee.�
With the jury out of the room, defense attorney Jerry Froelich argued vigorously for about 20 minutes for Story to reconsider his ruling in favor of the prosecution, lead by Assistant U.S. Attorney Sally Yates.
“I disagree vehemently with your honor,� he said. “What is going on is highly prejudicial.�
Froelich said that to allow evidence of legal acts into testimony “is going to lengthen this trial. It is going to confuse the jury.� The trial was expected to last six to eight weeks.
Story said he would continue to consider arguments about admitting and omitting specific evidence as the trial moves forward.
Permalink | | Categories: Bill Campbell trial
Battle over evidence continues today
The Atlanta Journal-Constitution
The defense and prosecution in the federal corruption trial of former Atlanta Mayor Bill Campbell have been ordered to come to terms on how new evidence will be admitted.
U.S. District Court Judge Richard Story wants both sides to resolve the issue before testimony resumes this morning.
On Monday and Tuesday, the defense lodged several objections about the relevance of certain questions that the prosecution asked witnesses Kevin Ross and Byron Marshall. Ross is Campbell’s former campaign manager who testified to what he called questionable contributions during the former mayor’s re-election bid in 1997. Marshall is Campbell’s former chief operating officer whom the mayor forced forced from office the same year.
“We have tried to prevent certain evidence, not because it is harmful, but because it is not admissible,� said Campbell’s lead attorney Billy Martin said Tuesday.
On at least two occasions, Story excused the jury Tuesday while he tried to sort out the relevance of evidence presented by the prosecution.
Finally, after prosecutor Phyllis Sumner asked Marshall about Campbell’s role in the firing of a city worker, the judge halted all proceedings.
“I am concerned that we don’t have clear lines of what is admissible and what is not,� Story said. “I only want to try this case once.�
Story asked both sides to go home Tuesday and research the standards of admitting evidence. They are scheduled to meet at 9 a.m. this morning, and the jury is expected to return at 10 a.m.
“These are legal questions that I’ve got to resolve,â€? Story told the jury as he dismissed them Tuesday afternoon. “This will help move things along.â€?
Campbell is accused of using City Hall as a criminal enterprise during his two terms as mayor between 1994 and 2002, including accepting bribes and illegal campaign contributions and evading taxes. He has pleaded not guilty.
Permalink | | Categories: Bill Campbell trial
