Pubdate: Sat, 14 Nov 2009 Source: Ledger-Enquirer (Columbus,GA) Copyright: 2009 Ledger-Enquirer Contact: http://www.ledger-enquirer.com/mld/enquirer/ Details: http://www.mapinc.org/media/237 Author: Alan Riquelmy JUDGE LAND RAISES 'CONCERNS' ABOUT GOVERNMENT'S CASE IN SHELNUTT TRIAL The federal judge in the trial of Columbus attorney Mark Shelnutt said Friday that he has "concerns" about the government's case after prosecutors called their last witness. U.S. District Court Judge Clay Land dismissed a witness tampering count against Shelnutt at the government's request after it rested its case. Defense attorneys then motioned for the remaining 39 counts to be dismissed. Land said he would let the motion stand and wait to rule on it until he sees the jury's verdict. "I do have some concerns, but I'm not prepared at this time to take the case from the jury," the judge said. Defense attorney Craig Gillen argued that the 31 counts of money laundering should be tossed out because receiving money from illegal sources for attorney's fees wasn't illegal. Land agreed, saying if that was the case, then "the government has a substantial problem on the money laundering counts." The 'talk' Assistant U.S. Attorney Jason Ferguson was the first witness on the stand Friday. He was the federal prosecutor on several drug cases linked to convicted drug dealer Torrance "Bookie" Hill, who is mentioned in Shelnutt's indictment and testified against him on Thursday. Shelnutt faces charges including aiding and abetting a conspiracy to distribute cocaine, money laundering and attempted bribery. His May 21 indictment alleges a connection between Hill, who pleaded guilty to drug charges in 2006. Shelnutt once represented Hill. Ferguson, FBI Special Agent Todd Kalish and Shelnutt had a meeting on Feb. 28, 2008, the prosecutor testified. Shelnutt, who then represented Choici Lawrence, told Ferguson he wanted to talk about his client's case. Ferguson had concerns about Shelnutt, and after speaking with his superiors, decided to record the conversation. Under questioning by defense attorney Thomas Withers, Ferguson said he lied to Shelnutt about his recording of the conversation when asked and added that he'd do things differently now. Ferguson said Shelnutt spoke most during the three-or four-hour meeting and that the conversation was about Shelnutt's concern over a possible federal investigation against him. At one point, Kalish asked whether Hill was paying the legal fees of others in his organization who were facing drug charges. Shelnutt said he had previously discussed with Drug Enforcement Administration Agent Steve Ribolla and his boss about getting money owed to Hill and bringing it to them. That would mean Hill was cooperating, and that the government would ask that Hill's 24 1/2-year sentence be reduced, Shelnutt said. "The problem was ... everybody out there stole whatever money that they owe," Shelnutt said during the conversation. Bookkeeping Pamela Roberts, who worked for accountant David Caraway, testified that Shelnutt once admonished her for depositing some of his money. Caraway rented space in the offices of Berry, Shelnutt, Day & Hoffman, and Roberts said Shelnutt was the only partner in the law firm who had cash payments brought to him or his secretary. Roberts had also done searches in the firm's accounting records on the names of some defendants linked to Hill. While some payment records were found for Hill and his former girlfriend, Latea Davis, no entry was found on Davis around the end of 2006 or early 2007. It was around Christmas that year, Davis testified on Wednesday, that she wrapped $14,000 up in a gift box and dropped it off at Shelnutt's firm. "Mr. Shelnutt told me that I did not have the right to question him," Roberts said. "That it was his law firm, and that's the way he had been doing it for years." Cindy Meyers, special agent with the Internal Revenue Service, testified that she examined the financial records of Shelnutt and his then wife, Chris, from May 2005 into 2007. A chart shown to jurors during her testimony showed bank deposits into Chris Shelnutt's account increased from around $3,000 in early 2005 to around $11,000 in the middle of 2005 and $13,000 in the last part of the year. Gillen questioned why Meyers limited her search to that time frame, pointing out that her chart didn't show deposits made prior to Hill's May 2005 arrest. Gillen said that Shelnutt had given money to his church, St. Luke United Methodist Church. "Yes, he did give money to St. Luke's Church," Meyers said. "That's not a pattern you see in greedy drug dealers, is it?" Gillen replied. Wayne Charles Day Jr., a former law partner of Shelnutt's, testified that firm members would have meetings where Shelnutt would be the main person divvying up cash. At some point before the firm dissolved in late 2008, Day approached Shelnutt about the rumors of wrongdoing. "He was very upset," Day said. "He was very angry with me. He explained that he had never taken anything." Assistant U.S. Attorney Mel Hyde was the last witness on Friday. He prosecuted Hill and said Shelnutt contacted him more times about that client than any other. At one point, Shelnutt sent a letter to Hyde about Hill's cooperation in a Tennessee case. Shelnutt wanted immunity from prosecution if his client cooperated, Hyde said. "I thought it was astounding," the prosecutor added. Shelnutt also approached Hyde a number of times in 2007 and offered him Georgia football tickets. "I was born a fan," Hyde said. "Mr. Shelnutt called me and offered me free tickets to opening day. In light of everything that was going on at the time, I thought it was an attempt to curry favor." Georgia played Oklahoma State in the opening game that season. Hyde said he declined each time Shelnutt offered him the tickets, adding that on the second offer, Shelnutt said that Hyde could pay face value for the tickets if it was an issue. Hyde said Shelnutt was constantly contacting him about the possibility he would be indicted federally. Gillen read portions of one letter from Shelnutt under cross-examination. "I have done nothing wrong and have broken no laws," Gillen read. "You have no idea the personal toll it's taken on me." Shelnutt asked for immunity in the letter, saying a former Superior Court judge told him that she was recently interviewed. "She laughed in my face and told me my career was about to come to an end," Gillen continued, reading Shelnutt's letter. "Alleged crimes can easily be manufactured. This investigation appears to this day to be conducted in the shadows." Defense attorney Thomas Withers told Land that he didn't yet know whether Shelnutt's team would call any witnesses. The trial resumes Monday at 8 a.m. - --- MAP posted-by: Jo-D