Lawyers spar over grand jury evidence

Wednesday, Jan. 5, 2000 | 9:48 a.m.

But while state prosecutor Doug Moreau said everyone appearing before the 1994 grand jury investigation of the riverboat casino licensing process had their testimony recorded, he would not say Tuesday whose testimony was surrendered to federal prosecutors.

Moreau testified Tuesday at a hearing before U.S. District Judge Frank Polozola on motions in a criminal case against Edwards, the former Louisiana governor, and others whom the government said manipulated the riverboat casino licensing process for their own financial benefit.

At a hearing this morning, State District Judge Michael Erwin ordered that all remaining testimony from the 1994 state investigation be turned over to Polozola.

In court Monday, Daniel Small, the attorney for 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 are scheduled to go to trial Monday.

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

If the state judge denies the request, Polozola said he also would rule today on how that information should be surrendered.

James Cole, an attorney for Stephen Edwards, urged Polozola to issue a subpoena to have the items turned over immediately. Otherwise, Cole said, "I am going to have to ask for a continuance."

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 disqualify assistant U.S. attorneys Jim Letten and Mike Magner from articipating in the trial.

Tarver and Fuller filed motions asking that Letten and Magner be sequestered because they probably would be called 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 has helped define Tarver's history.

Letten also said that federal prosecutors have a strong case against Tarver, including videotaped evidence of Edwards handing a bundle of money to an unidentified 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 for 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 Polozola to lift a gag order that prohibits Brown from discussing his indictment in public, saying it's unfair that federal prosecutors could bring charges against Brown that he can't answer.

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."

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 existing gag order.