Roy Barnes, others defend Balfour’s character

If convicted, Balfour could face up to 10 years in prison and thousands of dollars in fines. He also would lose his seat in the Senate.

Much of Tuesday’s testimony involved two of the state’s three witnesses, and often bogged down in minutiae about how the state Legislature reimburses lawmakers for expenses related to their legislative work. In turn, the defense during cross-examination managed to present much of its case that Balfour should not be held criminally responsible for mistakes in his expense reports.

Balfour, who has indicated a willingness to take the stand, has so far not testified. Instead, the defense began its case late Tuesday by calling a parade of high-profile witnesses. Among them was former Gov. Roy Barnes, a Democrat who said he did not always see eye to eye with his Republican friend but he knew he could trust him: “I find him to be a man of integrity,” Barnes said.

State Sens. Tommie Williams, John Crosby and Ed Harbison each also attested to Balfour’s good character. Prosecutors declined to cross-examine them except for Crosby, who was chairman of the Senate Ethics Committee when it disciplined and fined Balfour last year over some of the same faulty expense reports.

Assistant Attorney General David McLaughlin asked how deeply the committee dug in investigating Balfour. “Did you look at his calendar or just take his word that it was inadvertent?” McLaughlin asked. Crosby, a former judge, answered the committee did not look at Balfour’s personal calendar. Fulton County Superior Court Judge Henry Newkirk then cautioned the jury not to compare the Ethics Committee with a criminal court, which has a higher burden of proof.

For much of the day Tuesday, McLaughlin had a former GBI agent who oversaw the investigation walk through a confusing series of dates and paperwork laying out the state’s allegations. McLaughlin was frustrated, however, when the defense objected three times after McLaughlin mistakenly referenced the wrong dates.

The confusion seemed to bolster Balfour’s claims that it’s hard to keep track of this kind of information. In other words, that the errors involved mistakes made by a busy man who isn’t good with details. In his cross-examination of former GBI Agent Wesley Horne, defense attorney William Hill Jr. also hammered at errors in the 18-count indictment charging Balfour.

Hill said the indictments incorrectly cite wrong or nonexistent parts of state law, which Horne confirmed in testimony. Hill also parsed the indictments count by count, noting for the jury that several involved paltry sums, such as overbilling the state for $21.04.

Taking the stand earlier Tuesday, Legislative Fiscal Officer Robyn Underwood under questioning by defense co-counsel Ken Hodges acknowledged mistakes caused by her office that resulted in overpayment to Balfour. Underwood said other lawmakers have made mistakes in compiling their expenses, giving Hodges an opening to point out no one else has been prosecuted for them.

Underwood also testified she had no reason to believe Balfour intended to falsify his expenses. Later in the day, defense attorneys noted Balfour could have legally requested expenses for another 115 days but never claimed the money.

Under questioning by the prosecution, however, Underwood noted that Balfour in 2011 claimed expenses for 126 workdays at the Capitol — more than any other lawmaker — and typically ranks at the top for most expenses filed.

Underwood then explained the rather loose standards for lawmakers to claim expenses on days that the Legislature is not in session. For example, she said it is left to the lawmakers to decide whether they were engaged in official business. They just have to fill out a form, she said. “The Senate requires an explanation,” she said. “It can be as brief as one word.”