Tuesday, June 3, 1997 | 11:33 a.m.
The 4.99 percent share of Truck Stop Gaming Ltd. held by Benny Rayburn and his two sisters is at the heart of the federal government's bribery case against former Sen. B.B. "Sixty" Rayburn.
Prosecutors contend the share was given to Rayburn's adult children by one-time video poker truck stop operator Fred Goodson of Slidell as a bribe so Rayburn would use his legislative influence to stop bills potentially harmful to video poker mini-casinos.
Also on trial is former Sen. Larry Bankston, once head of the Senate oversight committee on gambling regulation; Goodson; Goodson's daughter, Maria; Goodson's attorney, Carl Cleveland; and Goodson's accountant, Joe Morgan.
Bankston also is accused of accepting and agreeing to accept bribes from Goodson for his legislative help.
Appearing as a defense witness for his father, Benny Rayburn said he was approached by Goodson in either late 1993 or early 1994 after Rayburn's ouster as Washington Parish sheriff. He said he agreed to scout locations for other video poker truck stops and agreed to buy the 4.99 percent share for a $25,000 note to be paid against profits.
Joining Benny Rayburn in the share, known as BAJ, were his two sisters.
"Did you believe there was a connection between those legal documents (setting up BAJ) and Sen. Rayburn's vote?" asked defense attorney Arthur "Buddy" Lemann.
"No, sir," Rayburn said.
"Have you made any payments or kickbacks to your father as part of this BAJ money" Lemann asked.
"No, sir," Rayburn said.
Rayburn said he received $5,000 in cash from Truck Stop Gaming, but reported it on his income tax return. Prosecutors have said the BAJ partnership took in about $58,000 during its short life.
Assistant U.S. Attorney Mike Magner questioned Rayburn's duties in scouting out video poker locations for Goodson. Rayburn said no written options for land were ever signed and most of his work consisted of a two-hour car trip with Goodson looking at possible sites.
The elder Rayburn mumbled a bit too loudly on several occasions during his son's testimony, leading U.S. District Judge Sarah Vance to warn him: "Mr. Rayburn, I'm going to tell you one more time to keep your mouth shut."
Rayburn's older daughter, Tommie Jean Rayburn, said she kept detailed books on the operation of BAJ with the help of an accountant and the partnership withheld income taxes and Social Security payments from its monthly checks to the three siblings.
"Did you ever withhold income taxes from bribe money," Lemann asked.
"No, sir," Ms. Rayburn said.
Ms. Rayburn also testified that part of the monthly checks were set aside to pay off the $25,000 note to Goodson.
As her brother and sister testified, Elizabeth Ann Bedwell said none of the BAJ money went to Rayburn, and the former senator did not cut off any allowances or stipends to his children. Prosecutors have contended that even if Rayburn did not receive direct payments, he received a financial benefit if BAJ reduced his children's dependence upon his financial support.
Ms. Rayburn also testified that a $2,500 campaign contribution check from Goodson to Rayburn in April 1994 was deposited in a wrong account and she spent nearly a year tracking down the money after Rayburn's campaign statement did not balance. Prosecutors contend the money was given to Rayburn as a bribe shortly before he voted against a bill that would have allowed local voters to outlaw video poker.
Fireworks broke out during the morning session as Louisiana State University economist David Johnson testified about how video poker proceeds had boosted the horse racing industry against competing forms of gambling. Johnson said a share of video poker revenue was being used to lift racing purses.
The defense has contended that Rayburn's video poker votes in the Legislature were tied to helping the racing industry. Rayburn is a longtime thoroughbred racer.
After Magner asked Johnson if he knew that Rayburn's horses had won over $600,000 in purses, the defense strenuously objected. Bankston's attorney, Lewis Unglesby, renewed his continuing objection that prosecutors were being allowed wide latitude in cross-examining witnesses while the defense has been restricted.
Standing at the defense table, Unglesby asked Vance, "When are you going to give us a fair trial?"
The judge responded: "Mr. Unglesby sit down or you will be seated."
When Unglesby continued to stand, Vance motioned to a U.S. marshal and said, "Put him in his seat."
As the marshal approached, Vance left the bench and took a 20-minute recess.
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