MONTGOMERY, AL (WSFA) – Country Crossing Casino owner Ronnie Gilley will find out more information about whether or not he will stay in custody Friday.
Federal Judge Myron Thompson decided during an appeal hearing Monday that he will either uphold Magistrate Judge Terry Moorer's ruling that Gilley violated the terms of his bond, call for a new evidentiary hearing, or overturn the ruling altogether and let Gilley go in leading up to the June trial.
It took about two hours for Gilley's lawyers and the US to state their cases to Judge Myron Thompson who will also preside over the trial when it starts in June.
There was confusion over the prosecution's claim that Gilley had violated his bond by contacting former lobbyist Jarrod Massey, who was among the 11 initially indicted in an alleged illegal vote-buying scheme.
Judge Thompson pressed the prosecution as to its evidence that Gilley had violated his bond on December 14, 2010 by contacting Jarrod Massey, whom the defense contended was a witness at that time. It was later revealed that Massey pled guilty and agreed to cooperate with federal prosecutors in their case.
Repeatedly, Judge Thompson asked the prosecution what evidence did they have and what date did the interaction take place.
After about an hour of arguments from the United States, Thompson asked, "This man (Gilley) has been held in jail and the government doesn't know what dates the violations occurred?"
Later, when discussing Magistrate Judge Terry Moorer's decision to revoke Gilley's bond in light of Massey's testimony to which Moorer credited his decision, Thompson he did not want a presumed-innocent man to be sitting in jail.
"I don't want Mr. Gilley sitting in jail in June, July, August, September because of one judge's decision on probable cause" Thompson said.
He also remarked that Gilley deserved his day in court before a Grand Jury to argue he is innocent.
Gilley was ordered to jail in February and has been in the Montgomery City Jail for four weeks.
If Thompson rules for a new hearing, then new evidence could be presented by both Gilley's attorneys and the United States. The trial for all 10 defendants