Defendants in Lincoln Park case ask for new trial

Eric Tucker

Wednesday, Aug. 17, 2005 | 9:59 a.m.

PROVIDENCE, R.I. -- The Lincoln Park dog track and two former executives who were convicted last week of conspiring to bribe a powerful former Rhode Island lawmaker have asked a federal judge for a new trial.

In a joint motion filed Monday, lawyers for the Lincoln, R.I., track and former executives Daniel Bucci and Nigel Potter say a federal prosecutor made "clearly improper" remarks during closing arguments and mischaracterized evidence.

In his rebuttal, Assistant U.S. Attorney Craig Moore urged jurors to blame him if "something" was missing from the case. Defense lawyers say that implied there was additional evidence that prosecutors were unable to present at trial.

"The government's suggestion that there was other evidence of guilt that the government did not or could not introduce into evidence, was entirely improper," the defendants argued.

The track, Bucci and Potter were convicted last week in U.S. District Court in Worcester, Mass., of conspiring to pay a bribe and several wire fraud charges. They were acquitted of other wire fraud counts.

Bucci was the park's former general manager, and Potter was the former chief executive of Wembley PLC, the British corporation that owned the track until recently.

Prosecutors said the defendants plotted to pay up to $4 million to the law firm of former House Speaker John Harwood in hopes of winning support for adding video lottery machines at the park and to block development of a rival casino proposed by the Narragansett Indian Tribe.

Defense lawyers said the money was meant as a performance bonus or a reward for Dan McKinnon, Harwood's law partner and the park's legal adviser.

The payments were never made, and neither Harwood nor McKinnon was charged.

In their motion for a new trial, the defendants also argue that the government inaccurately described key evidence to the jury by saying Potter had concealed information about the proposed payments to McKinnon. Several Wembley officials testified that Potter had described details of the proposal, according to defense lawyers.

It was the second trial for all three defendants; a federal jury in Providence, R.I., deadlocked on the most serious conspiracy charge and multiple other charges and also found the defendants innocent of several counts.

The retrial was moved to Massachusetts because of publicity surrounding the case.

Tom Connell, a spokesman for the U.S. attorney's office in Rhode Island, declined to comment on the motion Tuesday.

Sentencing is scheduled for Oct. 28. Bucci faces up to 25 years in prison and a $1.25 million fine; Potter faces up to 20 years and a $1 million fine; Lincoln Park faces a fine of $500,000 for each of the three counts of which it was convicted.