MONTGOMERY, AL (WSFA) -
The sentencing hearing for Country Crossing Developer Ronnie Gilley, Lobbyist Jarrod Massey and former State Representative Terry Spicer is under way at the federal courthouse in Montgomery.
The hearing, which started shortly after 10 a.m. has mostly been spent hearing from character witnesses relating to the defendants in question.
Judge Myron Thompson heard the case of Terry Spicer first. The court heard from a family friend, Michelle Gerlach, the Managing Editor and Publisher of the Andalusia Star News. Gerlach told the court that Spicer, in his capacity as a representative, was "always looking out for the greater good." Gerlah explained that Spicer is a family man and that he was trusted by his constituents.
Gerlach asked that Judge Thompson be fair and as lenient as possible to "someone who has done so much in the community."
Terry Spicer's wife, Ceina Spicer, tearfully addressed the court next. Ceina explained a health condition, Rheumatoid Arthritis, that no longer allowed her to provide full time care to their home and their two children. She explained that she leaned on her husband and depended on him to provide for and run the household when she cannot due to her illness.
"I feel so insecure and scared that Terry might not be at home to care for our kids," she explained that his family was the main issue at hand. She said she felt it "vital" that he be at home to help care for her and their two sons.
Terry Spicer next addressed the court. He told Judge Thompson that he wanted to offer clarity as to his part of the affair.
"I have accepted full responsibility for the things I've done wrong," said Spicer. He went on to add that the charges against him and the events leading up before his plea and after have torn his family, friendships and even his community apart.
Spicer said at times he spoke for himself as well as for Ronnie Gilley and Jarrod Massey.
"The three of us were able to do some good things for our community," said Spicer. "We didn't do it for financial gain. We did it to benefit our areas of Alabama."
Spicer explained that he was guilty and that he accepted his plea of guilty. He added that he felt he had to plea due to the financial burden it would put on his family to provide what he felt to be an adequate defense should the matter go to trial.
"I am guilty, I accept that."
Spicer said his family has been raked through the media, he lost his seat in the legislature, he lost his job, and as a result, his family has been torn apart. He added that he has been working a construction job to help make ends meet.
"I'm not making excuses," said Spicer before he began to detail his part in the charges.
Spicer explained that he and Jarrod Massey were long time friends. Spicer even called Massey the "brother I never had."
He admitted to helping pass legislation for BamaJam and asking Ronnie Gilley for tickets to give out. Spicer said those tickets were given to people who otherwise would not have been able to attend. He explained the monthly payments to his account from Jarrod Massey as help between friends. Spicer said due to his wife's illness, he was in need of financial help and those payments were taken to help him "get through the month." Spicer told the court that he knew Massey was trying to start his lobbying business and he felt he was doing the right thing by helping Massey in light of the help Massey gave him.
Spicer also said that Ronnie Gilley was "nice enough" to help him with $20,000 in campaign debt. Spicer said he forgot to report that debt to the ethics commission and that it was an "oversight."
Spicer ended his address by telling the court, "I'm not a bad guy, I've done some bad things. I'd just like to be left alone at home to tend to that situation."
Prosecuting Attorney Kendall Day, in a rebuttal, told Judge Thompson that Spicer's conduct was very serious.
"In this case, a State Representative basically put himself on retainer to a lobbyist."
Day added that Spicer did cooperate with the government with regard to the gambling corruption case, however, that cooperation was ultimately unnecessary. He said that Spicer has given nothing but excuses as to why he did what he did - and that includes taking the monthly payments from Jarrod Massey as well as the $9,000 down payment on a boat, a $10,000 ski trip and campaign donations from Ronnie Gilley that he used for personal expenses.
Judge Thompson told the court that he would read his proposed sentence for Spicer later Monday afternoon. The sentencing guideline for Spicer falls somewhere between 57 to 71 months of incarceration and a fine ranging between $10,000 and $100,000. Spicer's plea agreement does provide for a downward departure of his sentence and also calls for a $40,000 forfeiture.
Character witnesses for Ronnie Gilley took the witness stand after Terry Spicer.
The court heard from former Michigan lawmaker and four year NAACP Alabama Conference President Edward Vaughn as well as from a 20-year-old named Tevin McNair.
McNair explained that DFS removed him and his brother from his mother's care when he was 13-years-old. McNair said Gilley took them in, cared for them and provided for them.
"I look to him as a father figure," said McNair. "I love him."
Gilley's wife Deidra was the next to address the court.
Deidra Gilley tearfully explained the losses the family has suffered since charges were first levied against her husband.
She explained the material losses were large in scope. They lost property, vehicles, possessions and ultimately their home was foreclosed on. The family has since moved into a two bedroom cabin where they don't feel safe. The family has hired security guards after Gilley received death threats over the phone and found a decapitated rabbit in front of his vehicle one morning.
She went into great detail about the gifts Gilley had given the community in the past ranging from football and band uniforms, to food and Christmas gifts for the needy. She described in detail how her husband put together a crew and worked as part of the recovery efforts after the 2007 tornado that struck Enterprise.
Deidra said she considered her husband the "backbone and spiritual leader" of their family. She added that after he came back from jail, he was a changed man.
"I know that he's a changed person. I know that he was in a very deep, dark place. And he's learned what's truly important in life - our salvation in the lord."
She explained due to two very rare lung conditions, she relies on Gilley to help care for the family as she feels she cannot.
"I need him daily like every wife needs her husband and child needs their father...I am pleading that you please give a lenient sentence to my husband. I feel that we have been punished enough."
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