Milton McGregor withdraws motion to remove monitor

VictoryLand owner Milton McGregor withdrew his motion to remove an ankle monitor with his lead attorney saying they had more important motions before the court.
McGregor is one of 10 defendants in an ongoing federal investigation into alleged vote buying and selling aimed at passing electronic bingo legislation.
In a very brief court hearing after the two sides discussed the issue in the judge's chambers on Tuesday, McGregor attorney Joe Espy said they were withdrawing the motion, which was filed after concerns about the device affecting McGregor's sleep.
On Tuesday, Espy would not comment on its affect on McGregor, said that information should not have been made public, and that they have a motion pending on the issue.
Prosecutors did not contest withdrawing the motion.
McGregor was the only one of 11 original defendants that was required to wear an electronic monitoring device on his ankle as a condition of his release. He was alleged to have made threatening remarks at agents who came to arrest him. His attorneys have denied that allegation.
"We want to be treated like everybody else," Espy said.
The judge told Espy that it was McGregor's right to withdraw the motion, but that he would not look favorably on the motion if it was filed again in the future.
Espy said there was some miscommunication between his legal team and prosecutors during discussions in the judge's chambers. He would not comment farther on the issue, but when asked about discussions about calling witnesses in the hearing Espy said "we got into it a little about that."
Espy said they have about 14 pending motions that are more substantive, including severing McGregor's trial from the other nine remaining defendants.
"This just wasn't a battle to fight today," Espy said. " ... This is a minor issue."
When asked if they would bring up the issue of the ankle monitor again, Espy said "it depends."
Espy said they made a strategic decision about whether that was a battle they needed to fight on Tuesday.
"We felt like it was one we didn't need to insist on," Espy said.
He said McGregor concurred.
For now, the 10 defendants are set to go to trial on April 4.
He and 10 other defendants were arrested in October after being indicted.

-- posted by Sebastian Kitchen

Bentley to assign gambling task force to new AG

Gov.-elect Robert Bentley announced in a statement sent out Wednesday by incoming Attorney General Luther Strange that he would assign the work of the Governor's Task Force on Illegal Gambling to Strange when they both take office on Jan. 17.
"By assigning all pending cases and investigative authority to the Attorney General's office, I have transferred the primary responsibility for ensuring that Alabama's gambling laws are enforced statewide to Attorney General-Elect Luther Strange," Bentley said. "I will fully support Attorney General Luther Strange in his efforts to enforce the laws of Alabama, including laws against illegal gambling. Attorney General Strange will follow the law on gambling and he will have my full support."
Strange vowed not to back down from enforcing the state's gaming laws.
The task force has been controversial under Gov. Bob Riley, who created the force that answered to him after disagreements with current Attorney General Troy King over the interpretation and enforcement of gaming laws in Alabama.
The task force, led first by former Jefferson County District Attorney David Barber and now by Mobile County District Attorney John Tyson, raided or attempted to raid several gaming establishments in the state including VictoryLand in Shorter and Country Crossing near Dothan.
The task force, with the help of local law enforcement, has shut down all electronic gaming in the state at casinos not operated by the Poarch Band of Creeks Indians, which have facilities in Montgomery, Wetumpka and Atmore.
Strange and Bentley, in their joint statement, said the casinos that are currently closed because of the threat of a raid by the task force should not mistake the announcement as an invitation to reopen. The announcement, they said, means that the attorney general will be the statewide officer with the "primary responsibility for investigating and prosecuting those that own, operate or house illegal gambling machines."
Some proponents of electronic gaming have accused Riley of killing jobs at casinos that have been open for years during tough economic times.
He said he is simply enforcing the law.

-- posted by Sebastian Kitchen

Rallying for Jobs and Justice

Elected officials and activists angry about the crackdown on electronic bingo in the state have organized a Saturday rally with notable entertainment to register people to vote and encourage them to be active in the November election.
Musicians John Anderson and The Commodores will highlight a Saturday rally that is intended to draw people to the State House and Capitol to register them to vote.
Democratic state Sens. Quinton Ross of Montgomery and Bobby Singleton of Greensboro were among those who offered for people to come to Montgomery on Saturday for the free entertainment.
They are part of the 2010 Campaign for Jobs and Justice Committee.
The event begins at 3 p.m. behind the State Judicial Building on Washington Avenue and ends at the State House at Union Street. The participants will march from the judicial building, where the Alabama Supreme Court meets, to the State House, where lawmakers have been unable in recent years to pass legislation related to gaming.
The organizers are critical of Gov. Bob Riley and the Alabama Supreme Court.
Riley believes, with the supreme court siding with him on most major issues, that the machines used to play electronic bingo are slot machines that are illegal in the state and formed his Task Force on Illegal Gambling to shut down the non-Indian gaming facilities in the state, which are under federal control.
The task force raided Greenetrack in west Alabama and the White Hall Entertainment Center in Lowndes County.
Operators of VictoryLand in Shorter and Country Crossing near Dothan shut down because of the threat of a raid.
Riley has said he is enforcing the law.
Operators and employees at those facilities and many Democratic lawmakers have accused Riley of killing thousands of jobs in a slow economy.
"It's clear that casino operators are attempting to sign up as many Democrats as they can to go out and vote in November," said Todd Stacy, press secretary for Riley. "They're hoping that if they can just get more Democrats elected, maybe the Legislature will finally legalize their casino empire so they can make millions off the backs of Alabamians."
Stacy said the evidence that casinos are a drain on local and state economies is irrefutable.
"They squeeze money out of communities and send it to out-of-state gambling bosses," he said. "Places that have legalized casino gambling have paid a high price. They've paid an economic price, losing jobs and exporting billions of dollars from local economies. They've paid a social price, seeing crime rates skyrocket. They've paid a political price, too, as powerful organized gambling bosses have taken a stranglehold on governments. Governor Riley doesn't want to see any of that happen in Alabama."
Val Goodson, chairperson of the Campaign for Jobs and Justice and an out-of-work employee from Greenetrack, said raids have forced thousands of hard-working people out of jobs they had for years.
Goodson, Singleton and Ross believe that Riley and his task force have stomped on the rights of voters, particularly in Macon and Greene counties, that approved local constitutional amendments to allow bingo.
"We have been forced to fight to the ballot box," Goodson said.
Riley and his attorneys argue, and the state's high court has ruled, that those amendments allow the "ordinary game of bingo" -- not slots.
Along with encouraging people to register to vote, Goodson said there are 400,000 people who voted in the 2008 presidential election that have yet to return to the polls. She hopes for record voter turnout in November.
Those at the Thursday press conference at the State House announcing the rally said they were not there to support any particular candidate.
When asked who was paying for the rally and how much it cost, Singleton and Goodson said they did not know.
Singleton said those involved in organizing include the Alabama Democratic Conference, the Alabama New South Coalition, the Alabama Legislative Black Caucus, and displaced workers from those facilities.
The senator, who was willingly arrested during the raid of Greenetrack, said the purpose is to register voters and not to raise funds to try to elect candidates who support their cause.
"It's not a Democratic or Republican issue," said Pam Breedlove of Elmore County, one of the committee members who declined to give more information about her role or occupation.
She said she was fighting for jobs.
Goodson, who lives in Tuscloosa and was employed at Greenetrack since 2000, said finding work has been difficult. She said she is substitute teaching and playing piano at church.
Goodson said the closure was a "rude awakening" and said she was denied when she filed for unemployment.
Goodson said there is also free transportation for people throughout the state, from Mobile to Madison County. She said people can call 866-877-4077 for a ride or for more information. The campaign also has a Website, a page on Facebook and a Twitter account.
The Website is www.campaignforjobsandjustice.org.

-- posted by Sebastian Kitchen

VictoryLand reopens track, but not bingo and hotel

VictoryLand is inviting people to come to the facility beginning at 5 p.m. today (Thursday) when the greyhound racing and pari-mutuel betting facility reopen.
The hotel will remain closed and bingo will not be offered, according to a statement from VictoryLand.
"However, their future availability will be evaluated on a daily basis," according to the statement.
The casino, in the statement, also contends that "Yesterday, Governor Riley and John Tyson went down in defeat. In Greene County, where they arrested 16 people, they lost every single case."
Other comments from the statement:

"The task force they claim is so vital to prevent gambling has not arrested one person on a gambling charge. Yet they have spent millions of taxpayer dollars and filed not one single criminal case."

The statement also commented on the unanimous ruling from the Alabama Supreme Court released on Wednesday that did not allow for an immediate raid of VictoryLand by Riley's Task Force on Illegal Gambling, which is commanded by Tyson.
"Yesterday, the sheriff and the district attorney of Macon County inspected the reconfigured Victoryland and confirmed electronic bingo is not available on the premises, although both men agree that it is and has been legal. As any citizen would, we will enforce the constitutional rights which protect our homes and businesses from illegal invasion and entry."
Tyson and the task force have prevailed in almost every other ruling by the Alabama Supreme Court.

-- posted by Sebastian Kitchen

Two GOP senators support bingo bill

Republican state Sens. Jimmy Holley and Harri Anne Smith have said they support a bill that would allow a statewide vote on a constitutional amendment that would legalize and tax electronic bingo at destination points in the state, according to a report in the Dothan Eagle.

Holley and Smith could be very key votes in the fight over electronic bingo, which Gov. Bob Riley and many Republicans believe are slot machines that are illegal in Alabama. The Democrats would need 21 votes to stop a filibuster on the bill, which is expected, and to pass the legislation.

There are 21 Democrats in the Senate and 14 Republicans, but one of those Democrats typically votes with Republicans.

"The events of the past few weeks dictate and clearly point to the fact that a final resolution to electronic bingo's legality will require the people of Alabama to exercise their right to vote on the issue," Holley, R-Elba, said in a Wednesday release. "I will support a vote on a constitutional amendment on the bingo issue if the amendment provides for a strong oversight commission, taxes the machines in an amount that is fair to the people of Alabama, and brings closure to this sad chapter in Alabama's history."

Holley and Smith, R-Slocomb, represent areas where feelings are strong about the Country Crossing development, which recently shut down due to threats of a raid from Riley's Task Force on Illegal Gambling. Hundreds of people lost their jobs when the complex, which includes a bingo pavilion and restaurants, shut down.

The Senate Tourism and Marketing Committee approved the bill on Tuesday and a top senator has said the bill would come before the full body on Thursday or early next week.

Holley opposed a similar measure a year ago, according to the Dothan Eagle, because it created a monopoly for a few operators, and would take money from local charities.

The senator said the ongoing fight between Riley and Attorney General Troy King over the issue and the attempted raids at Country Crossing near Dothan and VictoryLand in Shorter contributed to his belief that a statewide vote is the best way to solve the conflict.

"I am still reviewing the legislation and will monitor any changes to the proposal. However, ultimately only a vote by Alabama's citizens will bring the issue to a conclusion," Holley said in the statement. "This is a great state whose citizens believe in democracy. If this legislation is placed on the ballot for a vote, then the final resolution would be in the hands of those who exercise their constitutional right to vote."

-- posted by Sebastian Kitchen

Riley, King spar over attempted raids

Two of the state's top elected officials sparred Friday over attempted raids on two casinos by a task force assembled by the governor.

Attorney General Troy King, in a letter hand delivered to the governor's office on Friday morning, wrote that he thought the actions of Gov. Bob Riley's Task Force on Illegal Gambling exposed the state to liability and that the situation could be resolved through the judicial system. The state's top law enforcement official also expressed concerns about the task force disregarding private property rights and due process.
Riley, in his response, wrote that he was "deeply disappointed that you continue to show more concern for the casino bosses in Alabama than for the enforcement of the law by dedicated law enforcement officials."
The governor accused King of "parroting the talking points of the gambling bosses."
King, soon after news of the attempted raids on VictoryLand in Macon County and Country Crossing near Dothan, advised the governor to use "caution in your approach." He said it is his constitutional duty to offer legal advice to the state and its officers.
"Regrettably, today's actions continue to escalate matters after weeks of news stories reporting on the public feud between you and the operators who were targeted this morning, about the discrediting and resigning of your first task force commander, and about the revelations of the large gambling contributions your new task force commander has taken from the competitors of those you raided," King wrote.

"Now, apparently, you have sent hundreds of Alabama state troopers, without a search warrant, onto private property at multiple locations. As I presume you know, (since your past actions have been taken under the cover and protection offered by a search warrant), the lack of a search warrant will shift the burden of proving probable cause to you."
Riley said the caution King urged would allow gambling interests to continue to flout the rule of law. He said the attorney general had no appreciation for the many hours of investigation undertaken before Friday's actions.
King also wrote that, along with the disregard for private property rights and due process, he is concerned that the actions are exposing the state's taxpayers, the commander, the directors of public safety and the Alcoholic Beverage Control Board, and Riley himself to liability.
"While your personal exposure is not my professional responsibility, you do remain my friend," King wrote. "However, the protection of the state treasury is my responsibility."

Riley and King have a longstanding disagreement over whether electronic bingo is legal in Alabama. Riley formed the task force in late 2008 to combat illegal gambling in the state and appointed former Jefferson County District Attorney David Barber as the commander.
Barber resigned Jan. 13 after winning $2,300 at a legal Indian casino in Mississippi. Riley appointed Mobile County District Attorney John Tyson, a Democrat, as commander on Monday.
Riley and King are both Republicans and the governor appointed King to his current position in 2004.
The attorney general wrote that he has advised Riley before and again even more strongly advised him now "to take the most civil and orderly way to proceed while respecting the legal process. I again urge you to file and litigate a declaratory judgment action which will develop the facts which can then be placed before the Alabama Supreme Court."
He wrote that the "current course could disadvantage the state if it places these matters in front of judges whose criminal court rulings are unappealable by the state."
King, in his closing, wrote that he thought the best course was for people to vote to resolve the issue over the legality of gambling.
Riley wrote that the people of Alabama have already expressed their will.
"Rather than concern yourself with efforts to change the law, I suggest that your time would be better spent enforcing the law as written," the governor wrote. "That is what the people elected you to do."

Chris Bence, chief of staff for King, said the letter was not sent out in mass to the media, but only to the outlets that requested it.
Riley, on the other hand, responded with a letter sent to state media.
He said he was puzzled why King was not more concerned about the "lawless action of the circuit judge in Macon County who enjoined an ongoing criminal operation notwithstanding that the Alabama Supreme Court ruled just two weeks ago that circuit judges have no jurisdiction to do that."
Riley said opinions by the Alabama Supreme Court on Friday and in November reiterate that bingo must be played by people, not machines, and that people must physically mark their cards. "Without any shadow of a doubt, every machine at Country Crossing, and every machine at VictoryLand, makes those determinations for the player," Riley wrote. "Therefore, those machines are simply not legal under any bingo amendment."
Mentioning an opinion by King, Riley said the Alabama Supreme Court has ruled two times in three months "that you were wrong."
"While you might prefer declaratory judgment actions that will take months to resolve while the gambling bosses continue to rake in illegal profits, there is no stronger declaration than the one made by our supreme court," Riley wrote.
Bence also emphasized that the task force was operating without any communication with King, the top law enforcement officer in the state.
"We are not a part of the task force and we were not invited to be in it," Bence said. "He purposely excluded us. We have no connection with the task force and do not know what its activities are. However, as attorney general, Troy King does have the obligation of informing the governor, which we are doing by letter, of our concerns about the process."

-- posted by Sebastian Kitchen

Riley appoints Tyson to head gambling task force

Republican Gov. Bob Riley has appointed a sitting Democratic district attorney to head his highly-publicized Task Force on Illegal Gambling.
Riley appointed Mobile County District Attorney John Tyson Jr., to succeed David Barber, who resigned the position after winning $2,300 at a legal Indian casino in Mississippi.
Tyson said he planned to get to work immediately.
"The Task Force on Illegal Gambling is about the rule of law," Tyson said. " ... The law could not be clearer. Slot machines are illegal and calling it electronic bingo does not change that."
The law, he said, allows traditional bingo in those counties with constitutional amendments.
In 2006, Tyson tried to unseat Attorney General Troy King, who Riley appointed to that position.
When asked about King, Tyson said they work together and said as Riley nodded that "Frankly his loose interpretation of the law is what got this whole thing started."
In an e-mail to the Montgomery Advertiser, King responded "It is not surprising, but it is disappointing, to see rhetoric, politics, and agendas, yet again get in the way of the law.
"If Mr. Tyson, as he claims, is having a hard time understanding my interpretation of the law, before he saddles up with heavily armed state troopers, putting them and the public at risk, he should spend some time reading the 17 different constitutional amendments that legalize bingo in 16 counties in Alabama. That is the law as approved by the voters of this state, and that is not difficult to understand."
Riley said he believes Tyson is ideally suited for the job and has a history of prosecuting people regardless of income, influence or political connections.
He said Tyson has integrity, tenacity and courage, and is committed to enforcing the law.
"I know John Tyson. ... If it's illegal, it's illegal for everyone," Riley said.
The governor said some people described Tyson as a bulldog.
"That's what we need," he said.
When asked if he was concerned about VictoryLand owner Milton McGregor saying he had a private investigator follow Barber, Tyson said McGregor needs to be concerned about whether he is intimidating law enforcement from doing their job.
Tyson said it appears to "border on obstruction and we're going to look into it immediately."
McGregor said that he does not intimidate anybody.
"I don't know about Tyson. ... I know I don’t operate that way," he said. "I can have people monitored and I will have people monitored if I see fit to do so.
"I hope Tyson does a good job. As far as I know, John Tyson is an honorable man and a good DA."
McGregor said the man he had monitored, Barber, "turned out he really needed to be monitored." He said Barber was telling people he opposed gambling while he was gambling in Philadelphia, Miss.
Tyson said he and his wife accumulated about $20 and gambled it away in about 15 minutes in Mississippi about 20 years ago. He said that is their only gambling experience.
Riley said state and federal courts have ruled that the gaming machines are illegal in Alabama, which is why he said some lawmakers are trying to "redefine the law."
"The only way they can make what they're doing legal is by changing the law," he said.
Some lawmakers and casino operators disagree with Riley's interpretation of the law. The Alabama Supreme Court better defined bingo in a recent ruling that Riley considered a major victory.
McGregor said the constitutional amendment passed in Macon County allows electronic bingo.
"You can't get any more legal than that," he said.
McGregor is among those who have alleged ties between Riley and those who operate the Choctaw casinos in Mississippi. Those critics point to information in a report of the U.S. Senate Committee on Indian Affairs. They accuse Riley of trying to reduce competition in Alabama, a claim Riley and his supporters vehemently deny.
McGregor said that if Tyson has an interest in gambling in Alabama, he should ask some hard questions of Riley and Barber.
Tyson, who is running for reelection as district attorney, said he will serve in both roles and is not receiving any more compensation. He has served as district attorney for 16 years. Tyson, 57, said the task force helped him with a raid in Mobile County.
Tyson said he has had people approach him on a handful of different occasions about opening operations in Mobile County where developers would spend as much as $350 million, but he informed them the activity is illegal. He said it is unfair to tell people they can’t start an establishment in Mobile County while they are opening up elsewhere.

-- posted by Sebastian Kitchen