Brown asks judge to lift gag order

Wednesday, Jan. 5, 2000 | 9:30 a.m.

Moreau would not say who the testimony is from but did say that everyone who testified before the state grand jury was recorded.

In court Monday, Daniel Small, the attorney for former Gov. Edwin Edwards, said the government has not provided defense attorneys with the transcripts of testimony of state Sen. Greg Tarver; Robert Vosbein, an attorney for Treasure Chest Casino; state police Lt. Col. Kenneth Norris and state Rep. John Alario.

Federal prosecutors claimed they had given defense attorneys all of the information they received from Moreau.

Tarver, along with Edwards; Edwards' son, Stephen; gambling board member Ecotry Fuller and three others were indicted on charges of trying to manipulate the gambling license process. Their trial is scheduled to start Monday.

Defense and prosecuting attorneys agreed to submit motions to a state judge asking that the information be turned over. A state judge is expected to rule on the motion Wednesday morning.

If the state judge denies the request, U.S. District Judge Frank Polozola said he would decide how that information should be obtained later Wednesday.

James Cole, an attorney for Stephen Edwards, urged Polozola to issue a subpoena to have the items turned over immediately.

"I am going to have to ask for a continuence," Cole said.

Polozola, who quickly said he would deny the motion for a delay in trial, said he felt more comfortable letting a state judge look at the issue first.

Moreau said he did not intentionally withhold information, but was unclear as to what federal prosecutors received.

Also Tuesday, Polozola denied without comment a defense request to have U.S. assistant attorneys Jim Letten and Mike Magner removed from the trial.

Tarver and Fuller filed motions asking that the two be sequestered because they planned to call them as witnesses.

The motion claimed that Magner and Letten are witnesses to facts and circumstances in the case, specifically one count that accused Edwards and his son, Stephen, of trying to set up illegal wiretaps of government prosecutors.

Also at the hearing, Tarver's attorney, Mary Olive Pierson, tried to stop former prosecutors from bringing up information in the trial about a federal investigation into Tarver's connection with Horseshoe Casino in Shreveport. No indictments resulted from the investigation.

Letten argued that that information was important to the case because it is helped define Tarver's history.

Letten also said that federal prosecutors have a strong case against Tarver, including videotapped evidence of Edwards handing a bundle of money to an unnmaed former U.S. congressman.

On the videotape, Edwards urged the former congressman to "make sure that everybody involved is careful about how that's passed out or whatever, because as you know, that other guy is under very serious, serious, serious investigation," referring to Tarver.

Letten said the money was intended to go to Tarver and Fuller.

In other court business, representatives from media across the state filed a motion in former Gov. Edwin Edward's gambling corruption case that seeks to give the public better access to the evidence in the case.

The media that filed the motion included the New Orleans Times-Picayune, The Associated Press, The Capital City Press, Inc., Gannett News Service Inc., Louisiana Television Broadcasting Corporation, WDSU Television Inc., WGNO Inc. WWL-TV Inc. Capstar Royalty One Corporation and the Louisiana Press Association.

Polozola said he would look at the motion when "I get time."

In a related matter but separate case, Insurance Commissioner Jim Brown asked a federal judge to lift a gag order that prohibits him from discussing his indictment in public, saying it's unfair that federal prosecutors could unleash charges against him that he can't counter.

Brown was indicted with Edwards, insurance company president David Disiere, lawyer Ronald Weems and two state officials for conspiracy, mail fraud, insurance fraud and other crimes associated with a 1996 insurance liquidation settlement for Disiere's firm.

Brown's attorney, William Jeffress, told Polozola that Brown speaks to several groups associated with the insurance agency every month and it's unfair that he can't answer questions about the indictment.

Polozola said the gag order ensures that the case is tried in court, "not in the newspapers."

"(Brown's) entered a guilty plea," Polozola said. "The gag order doesn't say he can't deny his guilt."

Polozola asked defense attorneys and prosecutors to each submit a version of how they want the gag order to read. Polozola said he would consider each proposal and try to rule by Friday.

Assistant U.S. Attorney Jim Mann said federal prosecutors favor the current gag order.