Letters support attorney’s credibility in Station Casino case

Paul Sloca

Wednesday, Oct. 11, 2000 | 5:26 a.m.

JEFFERSON CITY, Mo. - Two Missouri Gaming Commission staff members vouched for testimony given by St. Louis attorney Michael Lazaroff in connection with an investigation into Station Casinos, new documents show.

Mel Fisher, executive director of the Gaming Commission, and Col. Weldon Wilhoit, superintendent of the Missouri State Highway Patrol, wrote letters to a federal judge last month noting Lazaroff's cooperation with investigators.

The letters, which surfaced Wednesday, were sent in mid-September to U.S. District Court Judge Charles Shaw, who two weeks later sentenced Lazaroff to 30 days in jail and 90 days of home confinement for mail fraud. Lazaroff was facing up to 27 months in prison.

"He has provided valuable information, much of which has been corroborated through the documents or testimony of other individuals," Fisher said.

In a separate letter, Wilhoit wrote: "It is my heartfelt belief that ... Michael Lazaroff has provided truthful and complete cooperation with the Missouri Gaming Commission during the investigation."

Lazaroff told the commission in August that he used his influence with the former chairman of the Gaming Commission, Robert Wolfson, to help Station land bids for riverboat casinos.

Station executives declined at the time to testify after being subpoenaed because of questions about the legality of the process.

On Tuesday, after agreeing to testify before the commission, Station Casino executives disputed Lazaroff's statements regarding his influence over Wolfson in the decision-making process.

The executives, including Station president and CEO Frank J. Fertitta, testified that they trusted Lazaroff not to do anything improper, despite knowing that he had a personal relationship with Wolfson.

Casino lawyers had sought copies of the Fisher and Wilhoit letters, which they said showed that the commission had "pre-judged" the case.

Kevin Mullally, deputy director of the Gaming Commission, said Wednesday that the letters were merely informing the court that Lazaroff had cooperated with investigators.

Mullally said that Fisher and Wilhoit, after months of investigation and not having the testimony of casino executives, were merely "telling the truth."

"I don't call that prejudging," Mullally said. "I call that judging by looking at the evidence."

The five members of the Gaming Commission were offered a chance to read the letters on Tuesday, but declined. Gaming Commission Vice Chairman Robert Smith said the letters wouldn't have influenced the commission.

Mullally said all new evidence will be considered, including comments made by the casino executives.

"Certainly, if new evidence comes to light, it will be looked at," Mullally said.