
01-28-2005, 08:27 AM
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All In (most of the time)
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Join Date: Jun 2003
Posts: 1,632
Points: 1.26
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Total Points: 1.26
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Prosecution rests and defense asks for acquittal.
Quote:
Prosecution rests; defense says acquit
By Gary Parrish
Contact
January 28, 2005
The prosecution rested its case against Logan Young late Thursday, and the defense immediately asked for a judgment of acquittal.
Judge Daniel Breen will rule this morning. If the motion is granted, Young will be exonerated from a four-count indictment that charges he paid former Trezevant football coach Lynn Lang $150,000 to ensure Albert Means enrolled at Alabama.
"There is no proof in the record that there was a law prohibiting Lynn Lang from doing what he did," argued defense attorney Robert Hutton. "The government never had anybody testify that it is illegal for a high school coach to take money to recommend to a player where to go to college."
As an example, Hutton used University of Memphis basketball coach John Calipari and his agreement with adidas.
Hutton argued that Calipari is an employee of the state and a public official, and that he takes money from adidas for making his players wear adidas products.
So if that's not a crime, Hutton asked, why is it a crime for a high school teacher who is a public official (Lang) to take money from a Crimson Tide booster (Young) for making his player (Means) go to Alabama?
"This case is a frightening case," Hutton said. "Where does it end? Why couldn't Mr. Calipari be indicted? Why couldn't adidas be indicted?"
Hutton's motion capped a day of testimony featuring bank and phone records that seemed to have the jury drifting in and out of attention.
Aware this might happen, the prosecution prefaced this part of its case by telling jurors that the document introduction might get tedious. At any rate, Asst. U.S. Atty. Fred Godwin moved forward with the underlying theme being if the government can't show the actual fire, it can at least present a lot of smoke.
For instance, Godwin presented bank records belonging to Lang and Young from June 1999 to November 2000.
In that span, Young had 64 cash withdrawals totaling $291,050. Meanwhile, Lang made $47,269.99 in cash deposits, which did not include his paychecks from Memphis City Schools.
To wrap its case, and summarize it, the government called John Ford III, an FBI financial analyst who found 13 instances when a significant withdrawal was taken from Young's account and a significant deposit was put into Lang's account on the same or the next business day.
One example showed Young withdrawing $9,000 on April 13, 2000, and $4,000 on April 14, 2000. Lang made a cash deposit of $8,000 on April 14, 2000.
During cross examination, defense attorney Allan Wade asked a simple question.
"Is there any evidence that any of that money (in Lang's account) came from Logan Young?"
"No," answered Ford.
One of the lingering questions from Wednesday's testimony was why there were no records of phone calls between Young and Lang before June 2000. On Thursday, the prosecution produced witnesses to explain.
Lavonne Westbrooks, a BellSouth compliance assistant, testified that her company keeps records of local calls for "between 59 and 62 days." So because BellSouth answered an FBI subpoena on March 3, 2001, it was only able to produce records of Young's local calls dating to about Jan. 1, 2001.
FBI intelligence research analyst Cathy Williams testified she had Lang's cell phone records from Sprint, which indicated dozens of calls to Young from June 2000 to February 2001. But before March 2000, Lang had a Cricket phone for which no records could be obtained.
So, as Godwin pointed out, there is no way to tell if there were no calls or many calls between Young and Lang before March 2000.
-- Gary Parrish: 529-2365
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