Sentencing in Alabama Gambling Vote Selling, Bingo Bribery Convictions Today

Phillip Rawls, Associated Press

(Associated Press) - A former federal judge said it’s highly unlikely that a casino developer who admitted offering millions in bribes will come out a winner in his attempt to avoid a prison sentence.

Three of the four people who pleaded guilty in Alabama’s gambling corruption case — Country Crossing casino developer Ronnie Gilley, casino lobbyist Jarrod Massey and former state Rep. Terry Spicer — are scheduled for sentencing today in Montgomery by U.S. District Judge Myron Thompson.

The four pleaded guilty in a wide-ranging federal corruption investigation that ensnared the owner of the state’s largest casino, Milton McGregor; four present and former state senators; two of the state’s most prominent lobbyists; and two others. Gilley was a key witness for the government at their trials, but none of them was convicted. The U.S. Justice Department’s only success was in the four guilty pleas.

Gilley pleaded guilty last year to bribery and conspiracy charges that would normally get a sentence of 21 to 27 years. Federal prosecutors have recommended he get slightly less than 11 years because of his cooperation with them.

Gilley’s attorney has asked that he only be sentenced to six months of home confinement and three years of supervised probation because he has the potential to create many jobs if he’s free to pursue a real estate development near Enterprise with houses, hotels and a golf course.

“During America’s economic struggle, it is visionaries like Mr. Gilley that will put this nation back on her feet,” his attorney, David Harrison, wrote in court papers.

That argument “is pretty creative,” but “the chances of him getting no jail time are very small,” said John Carroll, a former federal magistrate judge in Montgomery who is now dean of Cumberland Law School at Samford University.

Gilley, 47, of Enterprise, has admitted offering legislators $3.7 million in campaign contributions and other campaign assistance if they would support legislation designed to protect his casino in Dothan from a state crackdown on electronic bingo games.

Carroll said the amount of money involved is so large that a major prison sentence is likely. “Getting significantly below the 11 years will be very difficult,” he said.

Massey, 41, of Montgomery, lobbied for Gilley and has admitted participating in some, but not all, of the bribes he offered. He also provided evidence against Spicer, which prompted his guilty plea.

Federal prosecutors have recommended slightly more than 11 years for him because he didn’t follow all the directions of federal prosecutors, including contacting a blogger after he had been told not to talk to anyone other than his family and attorneys.

The public doesn’t know what Massey sought as his sentence. A judge sealed the legal papers from public view at Massey’s request because they mentioned family members, and his attorney declined to discuss the papers publicly. But Gilley said in court last year he expects a significant prison term.

Federal prosecutors said Spicer, 47, of Elba, admitted taking $114,200 in cash, concert tickets, travel and unreported campaign contributions to support Gilley’s project and help Massey secure lobbying clients, including Gilley. Federal prosecutors are recommending about five years in prison for the bribery, and he is seeking about half of that as his sentence. He cited his wife’s disability from rheumatoid arthritis as one reason for requesting a shorter sentence.

Carroll said federal judges often sentence defendants to terms close to what prosecutors recommend, but sometimes they choose different sentences because they see the cases differently than prosecutors.

“It’s ultimately the judge’s decision,” he said.

The fourth person who pleaded guilty in the gambling corruption case, former Country Crossing lobbyist Jennifer Pouncy, is scheduled for sentencing Aug. 29.

Prosecutors have not yet recommended a sentence for her, but she testified in court last year that she hopes to avoid prison time because she cooperated with federal investigators as soon as they contacted her and agreed to plead guilty without being indicted.