Here's your change to relive some of the testimony from the government corruption trial related to Lanny Young. This has not been edited, so there may be typos that were made during the fast paced recording of events as they played out.
From May 16, 2006 -- "The witness many folks have been waiting to see and hear will be on the stand today at some point - Lanny Young. Young is the man at the center of the "When we wanted things from Lanny he produced and when Lanny wanted things from us we produced," alleged conspiracy which according to the prosecution was a criminal enterprise operating out of the executive branch of Alabama government under former Gov. Don Siegelman."
Lanny Young Takes the Stand
There will be some motions taken up in just a few minutes. This should take around 15 minutes and then we should see Lanny Young take the stand. It should be an interesting afternoon.
The judge is talking to counsel about Lanny Young's possible testimony.
Mr. Feaga tells the judge, "We got through Mr. Bailey, I think we can get through Mr. Young."
Mr. Baxley responds, "I'm not sure it's getting through. I think they need to tell him. It's not permissible for him to say,'To my understanding, I understand....."
"We are not going to have speaking objections," says Judge Fuller. There is a tape the government has said they want to play. Feaga says Mr. Young and Mr. Blount are the voices on the tape. Feaga believes the tape's admissable. Notify the court before that tape is going to be offered.
The motion filed yesterday afternoon related to other political candidates being mentioned.
"I can't imagine we would be finished with this witness's direct today anyway," says Judge Fuller.
Mr. McDonald says it is premature to be arguing this at this point and reminds the judge he has already ruled on a Motion in Limine. "The government is trying to pigeon hole us..." says McDonald.
McDonald talks about "if Mr. Young gets into the plane ride. The evidence will show that he was accompanied on these plane rides with Attorney General Bill Pryor."
"Mr. Young is a bit of a bolsterer a braggard who goes about telling everybody he has brought his way into every politician in Alabama... Jeff Sessions, Bill Pryor.. If it's cash contributions he has been making how can you tell it went to Gov. Siegelman. How can you tell it didn't go to Jeff Sessions in a bag or Bill Pryor in a bag? We shouldn't be having this debate until we see what the government brings in."
The judge agrees with Mr. McDonald that it will be taken up as necessary "at the appropriate time."
Lanny Young has been called to the stand.
Young says he resides in Montgomery now and has done so for about 12 years. He is from Jacksonville.
Young served in the army and his family started a family clothing manufacturing business. They made dress shirts, golf shirts and then moved to t-shirts, sweat shirts, etc. "We didn't manuafacture the fabric..We brought the raw fabric in and cut it to customer order."
Young says he was in the manufacturing business until 1993-1994. Young says he went into importing. Young says he imported golf shirts, t-shirts, etc. He says he provided apparel for fans of Rusty Wallace etc. He says he also did Fitipaldi. The apparel was provide to another sports company and the stuff would be sold at tracks. Young says the stuff was sold from a tractor-trailer, a 52-foot, vehicle.
Sports Image owned the trailer. Young says he made his money by providing a certain number of shirts per week. Young says there sometimes would be a special order and people like Kellog would need shirts. Young says he knew what Sports Image would charge for the shirts and he would get his profit.
Young says gross sales for Earnhardt at an Atlanta race was over $1 million. The stuff was sold out of six trailers on that occasion. Young says he provided the knitware, shirts.
Young says he made money according to the sales
Young is asked if he knows Hamrick. Young says he does and points him out. Young is asked if he knows Siegelman and then he points Siegelman out. Young is asked about Mack Roberts and he points Mr. Roberts out. Mr. Young says he does not know Mr. Scrushy personally.
Young says he met Hamrick at dinner with friends. Young says he met Hamrick first.
The judge has again reminded Mr. Feaga to call Governor Siegelman by the title governor and not Mr.
Young says he met Siegelman when he got a call from Hamrick and Hamrick asked him if Young would like to have lunch with Siegelman. Young says he's not sure they had lunch. This was 1992-1993.
The judge is giving Young some basic instructions.
According to Young, Siegelman asked him if he would be willing to provide t-shirts for the lieutenant governor's race. Young says he provided shirts, caps, money for events.
Young is asked when he started providing things for the lieutenant governor's race. Young doesn't recall the date, but recalls an event where he provided 1,000 t-shirts and 500-750 baseball caps. Young says he believes it was in 1993.
Young says the cost of those items would have normally cost about $6 each or $6,000. Young says the caps would have cost about $5.50 each., or $2,750. The judge helps with the math. Young is asked if this was the first time he did this and Young says it was.
Mr. Feaga asks Young about Hamrick and Bailey.
Feaga asks Young how many items Young provided for the entire lieutenant governor's campaign. Young says a low figure of 7,500 shirts. Young says the high figure would be 12,000.
Young says he provided 2,500-3,000 ball caps. Mr. Feaga calculates $45,000 for the t-shirts at a minimum. $13,750 for the caps for a total of $58,750.
Mr. Young is given a t-shirt to examine. Young says the shirt is representative of the shirts he provided when Siegelman was running for lieutenant governor.
Young says the events took place in 1993. Young says he provided money. Another objection. Brief sidebar.
Mr. Kilborn wants a time frame established. Young says Siegelman was innaugurated in 1999. Young says Siegelman ran for governor in 1998. Young says Siegelman was elected lieutenant governor in 1994. Young says he doesn't recall a meeting with Siegelman prior to January 1994.
Young is being asked about contributions between January 1, 1994 and November 1994. He says he provided $5,000 in the form of a cash contribution. Young says he got the money from selling t-shirts. Young says there were three other occasions. Young says he had a sign made up and errected on a building. Young says the sign was around $2,500 for the sign. Young says there were two meet and greets. One in Montgomery and one in Anniston or Jacksonville. Young says it was $1,500-$2,000. The other one was $800-$1,000.
Young is asked about plane rides in 1994. Young says he doesn't recall the exact amounts paid for chartiering an airplane. Young says he now recalls two occasions at $2,000 each.
So far Feaga calculates a little over $72,000.
Feaga and the judge have an exchange. Feaga says,"In 25 years I've never had to call anyone governor in the courtroom." The judge says he hasn't had to sanction anybody for not calling someone governor.
Mr. Deen is objecting to the use of the term they in reference to Siegelman, Hamrick, Bailey.
Young is asked if he had conversations with Siegelman about what would happen if Siegelman became lieutenant governor. Young says they talked about what they could do for each other if Siegelman became lieutenant governor.
Young says he met with Siegelman, Hamrick, and Bailey often.
The judge is instructing Mr. Feaga to specify who "they" is when asking questions.
Feaga is asking about statements made to Young by all three in relation to what Hamrick, Siegelman, and Bailey could do for him. Young says he had been approached by the Talladega Superspeedway to see if Young could help him get the ability to serve alcoholic beverages on Sunday at the speedway. Young says he had conversations with all three as individuals and at one meeting he met with all three. Young says he brought Mr. Lynch down to an historical office in the Capitol. Young says he believes this happened in 1997, but does not have a specific date.
Young says now it could have been 1996. Feaga asks him if it was the year the legislation passed and Young says it was the same year.
Young says at a meeting at the speedway. He met with Bailey, Lt. Gov. Siegelman and Grant Lynch.
Lynch was president of the speedway. According to Young, Lynch was saying to the governor thank you for getting the legislation passed and the governor told Lynch that Young was responsible.
Young says the things he got from Talladega allowed him to show people a "very special time." Young says he took Siegelman and Hamrick down to the track to meet Bobby Allison. Young says he took Hamrick on a couple of more trips. Bailey always accompanied the governor, except on the first occasion.
Young says he took all three to the track before beer sales passed. Young says he only took Hamrick on about two occasions after the legislation passed.
Young says a weekend at the track is usually limited to large corporate sponsors. Young says it would cost about $1,000 per person if it had to be paid for.
Young is now asked by Mr. Feaga about Young's agreement with the government. Young agrees he has pleaded guilty to three felonies.
Young says he engaged in extortion with Philip Jordan at the time probate jndge of Cherokeel County,
Young says he is here to testify honestly about what he knows. Young is asked if he has an expectation of a recommendation. Mr. Leach and the judge agree to a sidebar.
The judge says there will be a break abour 3 or 3:15.
Feaga returns to the relationship between Siegelman, Hamrick, and Bailey. Young says when he was trying to get the Sunday beer sales he was good friends with all three. He says he saw Hamrick two to three times a week and the other two, two to three times a month.
Young says he shared an apartment or house with Hamrick. Young says generally Young would pay for drinks and dinner when he and Hamrick would go to dinner. Young says he does not recall an occasion when Hamrick paid for dinner or drinks.
Young now says both Hamrick and Bailey may have picked up the tab, but that Young picked up the tab 85-90% of the time. Young says he cannot remember Governor Siegelman ever paying for a meal when Young was there.
Young says, "It was just part of the agreement we had." Young says, "That was one of the things that I did."
Young is asked if Hamrick asked him to do other things. Young says he gave Hamrick cash on many occasions, he gave Hamrick money for a car, and he says he gave money to cover stock...
Young says Hamrick and he did not talk about the agreement. Young says he said they had an agreement when he asked them to do something and they did it.
Young says Hamrick told him that when Siegelman became lieutentnat governor Siegelman and Hamrick would be in a position to help Young personally to handle his business interests. Young says he continued to give all three things, including campaign contributions.
Deen objects saying Hamrick never ran for office.
Young says Hamrick was part of Siegelman's efforts to get elected lieutenant governor.
Young says he took items like t-shirts and such to the campaign. Young says the things were used by the campaign. Young says after the election Hamrick was working for the lieutenant governor. Bailey according to Young was also working for the governor.
Young agrees he was watching what was going on. Young says he likes to think the items he gave the campaign helped the campaign.
Young says he continued to provide all three things of value after the campaign. Young says he believes in 1996 he gave Bailey $55,000. Young says Bailey needed the money to cover cattle futures contracts. I gave him the money..it was an investment...if I needed something, I could call Nick and I would get it. Young says he believes this was before Talladega Superspeedway beer sales.
Young says Siegelman ran for governor in 1998. Young says he served in the same capacity. Young says he provided better quality stuff along with plane rides, cash, contributions to PACs. Young says at this time he did own an airplane.
Young is given a shirt and cap to look at. He says he provided items like these to the campaign in 1998. Another shirt has a 1995 date on it.
Young says the 1995 shirt was from a Labor Day event. Y"oung says he provided shirts because Siegelman asked him to do it and "I expected him to do what I asked him."
Young says Siegelman did mostly what he asked. young says the shirts would have cost about $8 a shirt and Young says he provided about 500 shirts.
As to the 1998 campaign for governor Young says he provided about 15,000 t-shirts for the entire race. If Siegelman had been charged for them the cost according to Young would have been about $6 each or $90,000.
Young says he also provided hats. He says he provided about 5,000. The cost would have been about $5.50 for each hat. The cost would have been $27,500.
Young says he provided shirts and jackets and leather jackets. Young says a normal windbreaker would have cost $50-60. Young says there may have been 25 provided. About $1,250 worth.
More objections and a sidebar.
The judge is going to let the jury take a break.
Art Leach is talking to the judge about irrelevant material. "We're at the point where everything Mr. Feaga says to the witness has got to go on the charts. Everything doesn't belong on the charts."
Mr. Leach is concerrned about, "Trial by chart."
Mr. Feaga says, "I've nver been at a trial where there have been so many objections...I have to be sure the jury is hearing...through the cacophany of objections."
"I know Mr. Leach thinks so because I'm trying to convict his client."
The judge says the charts that do not relate to the indictment will not be given to the jury. "I'm not looking for a response, let's take our recess."
We're going to make a new post.
Afternoon with Lanny Young
Well, there's still a lot of ground to cover so the prosecution may be a while with Mr. Young although I don't have a good time table.
It is the consensus of opinion around the courthouse that Mr. Feaga has done a fine job of presenting the government's case with Mr. Young.
The transcript of the tape recording will be available on the blog maybe tonight, but for sure by in the morning.
For his part Vince Kilborn called the events related by Lanny Young "bizarre." Kilborn told the press during the lunch break that there were some things left out of the story. "What they leave out is in the Memorandum of Understanding, Waste Management ( I believe it may have been Chemical Waste) has a $4.62 million claim against the Department of Revenue. They withdraw that claim in the MOU. Alabama picks up $4.62 million on July 15, 1999, the day the thing's signed." I believe the agreement did not acltually go into effect until December, but am checking on this.
Apparantly Chemical Waste agreed not to file a lawsuit to get $4 million worth of what it claims were excess taxes that were paid to the state as a result of not changing some of the rates earlier.
Mr. Feaga is questioning Mr. Young. Mr. Young is asked albout a check made payable to Paul Hamrick in the amount of $6,000. The $6,000 check was about 19 days after the Blount Parrish check.
Young says Hamrick told him that Hamrick needed $6,000 to cover with Hamrick's stock broker. Young says he gave him the money as part of the agreement to do things for each other.
Young agrees that Waste Management is a company that operates in interstate commerce.
Mr. Feaga going back to G.H. Construction. Young says he set up and incorporated the company under the names of two other individuals but that he was running the company. The company was to oversee the construction of two warehouses.
Brian Broderick and David Green were the men named. Broderick was a contractor in Montgomery. Green was a contractor in Birmingham. Young says Nick Bailey asked him to "cover it up that way."
Young says Siegelman knew Young was going to be involved in this project because "we spoke about it." Young says he also talked to Hamrick about G.H. Construction. According to Young, Paul called Nick and told Nick it was a good idea and we needed to have a press conference about it. Young says he told Hamrick a press conference was not a good idea right then.
Young says he met Hamrick at a lunch along with Kirsch and Bailey. Young says Hamrick asked him how the project was going. Young says at the time he, Young, was in the landfill business.
Young says he had not been involved in a project the size of G.H. Construction before.
Young says he was involved because, "It was an opportunity for me to make some more money." Young says he hoped to get 8-10 percent of the project total of around $21 million.
Young is asked if the agreement was one he had with Hamrick, Siegelman, and Bailey. Feaga is asking why Hamrick wanted Young to make money off of projects. "If I had money he would have access for money, if I had no money he would have no access to money," says Young.
Young says the same regarding Siegelman and Bailey. Mr. Young is looking at a document related to the Montgomery Downtown Development Authority and ADECA. It is a lease. This is the lease agreement needed to do the bond financing, the $21 million. Mr. Young agrees this has to be approved by the governor.
Mr. Kilborn is talking but we can't hear what he is saying. Mr. Feaga has agreed to establish the document with the witness. Mr. Young says it is a record of his business and it is a record that would have normally been maintained and he was a custodian of the record.
Young says he picked it the document up from Bailey and Bailey told Young to take it around to the various departments to get it signed.
The first signature on the agreement is Nick Bailey's signature according to Young's review of the document.
Young says he got the document and Nick asked him to go to the other offices to get it signed. Young says he went to see Mr. Mabry at the Department of Finance. Then Young says he went to the Legal Division and showed him the lease agreement, Lee Miller. Miller signed the document four days before Christmas in 2000.
The next signature is that of Ted Hosp, at the time the governor's legal advisor. Young says he went into the office, Hosp made a phone call and then signed the document.
Young says he next met with Bill Blount to talk about financing for the construction.
Young is examining one of his own personal checks for $5,324.02 to Ward's. Young says the check was for the purchase of a 4-wheeler. Young says he parked the vehicle in a garage in a house adjacent to the Governor's Mansion.
Young says Nick Bailey had contacted him and the governor wanted a 4-wheeler for Joseph, Siegelman's son, to ride. Young says Joseph and his son had riddent 4-wheelers together on a previous occasion.
Young says he was asked to do it and "I did it." Young says he did not talk to th governor beforehand. Young says he talked to the governor after the purchase and they talked about needing a tag. According to Young, Siegelman talked to him about going to Riley Smith's and later told Young they had enjoyed the 4-wheerler at Riley Smith's.
Mr. Young is looking at documents related to the 4-wheeler, for example, a bill of sale and invoice.
The first document is a certificate of origination related to the trailer. The trailer was purchased from Ward's. The first name on the title to the trailer is that of Don Siegelman.
Another document is a certificate of origin for a 2000 Polaris 4-wheeler. The last page of the exhibit is an invoice from Wards in Troy, Alabama. The date on the invoice is December 14, 2000. The date of the check is Dec. 27, 2000. Young says he went to Ward's to get a quote and maybe other reasons related to his business.
The address on the invoice is that of the mansion. Young says he talked to Bailey before Young went and got the quote. Mr. Feaga says the quote was on Dec. 14, the lease agreement was signed on the 21st of December and the 4-wheeler was delivered on December 27th.
Mr. Young is asked to show a letter from Gov. Siegelman. Young is asked to read the address on the letter and asked if he visited the governor at that address. The address is Dec. 19, 2000. The letter starts "Dear Lanny:"
The note is a thank you note for "your thoughtful gift." "Thanks for all you do for me" is handwritten at the bottom of the letter.
Problems with the time line. I'll try to check it out later today.
Young says the Mobile Press-Register stories about G.H. Construction caused the collapse of the project.
The defense apparantly can not find a copy of an exhibit. The judge tells the jury they can stretch if they want. The defense has found their copy.
Mr. young is looking at a document from a Brett Shelton to Governor Siegelman on July 24, 2000. Shelton is with the Talladega Superspeedway. In the letter Shelton is telling the governor that the speedway will be in contact with "Lanny and Paul" to coordinate.
Young is now asked who the Paul is in the conversation with Blount that was played in the courtroom earlier. Young says that Paul is Paul Hamrick, the same Paul mentioned in the letter.
Young is asked if the exhibits are records of his business. Young is reviweing a letter from Gov. Musgrove of Mississippi concerning names and social security numbers for people attending a race at Talladega.
Young forwarded the info to Talladega and Young had to go sign and pick up credentials.
Young says the credentials were given out by NASCAR. Young says when he asked for them he got them.
Young is reviewing a fax cover sheet from the governor's office dated 4/16/01. It is a list of five people for non-vip, non-credentialed tickets. The fax was from Ms. Firday in the governor's office - Young says he got the tickets.
Young is looking now at an update of the previous list. The new list includes the governor, Bailey, Joseph and a friend of Joseph's, and others. The reqauest is for 18 tickets "presidential."
Young says he got the tickets because the governor's office asked for them. "When I called over there to get something done, I expected it do get done as well," says Young.
Young is looking at a document from 2/16/01 about seats at the racetrack. Young says this was paid for by G.H. Construction.
Mr. Feaga is questioning Young about seeing Mack Roberts and Jim Allen with Gov. Siegelman, Hamrick, and Bailey in front of Siegelman HQ.
Young says he saw Roberts and Allen get out of their car and he asked Siegelman what the two were doing there. According to Young, Siegelman said, "If they want the highway director's job they better have a sackful of money."
Young says there waa another conversation with Siegelman about Mack Roberts. Young says he got a telephone call from Nick Bailey in which Bailey said Siegelman was going to appoint Mack Roberts as highway director and Bailey said people associated with the campaign were not happy with the choice.
Young says he told the governor people would be disappointed with the choice. Siegelman says,"I made a deal with Jim Allen and I'm going to keep that deal."
Mr. Young is reviewing another document. This is another check to Colonial Bank in the amount of $9,200. Young says he wrote the check to get a cashier's check.
The check was written on January 20, 2000.
Young says at a meeting in the governor's office, Siegelman allegedly told Young that Siegelman was interested in a Honda motorcycle and for Young to work it out with Nick. Young says Nick Bailey gave him the amount. Young wrote Bailey a personal check and Bailey called him back saying Bailey could not take a personal check. Young says that is when Young got the cashier's check.
Young says he did not get a motorcycle. "This is for a Honda, I'm a Harley man." Young says he didn't have an interest in buying a motorcyle. Young says this was all part of the agreement.
Mr. Feaga says he has about another 30 minutes.
Young again says the date on the check was January 20, 2000. Young is now asked to look at something else. He is looking at a check from Nick Bailey payable to Young for $10,503.39
The date of this check is June 5, 2001. Young says it was after the G.H. Construction project fell apart. Young says he knew an investigation was underway.
Young says right after the investigation started he was called by Bailey and asked if Young could remember how he had paid the $9,200. According to Young, Bailey told Young, "If it's on one of your personal accounts you're going to have a motorcycle in your driveway tonight."
Young says this all was to cover up the $9,200. Young says his intention was to pay for the motorcycle for Siegelman, because the governor had asked for it.
Mr. Feaga says this would be a good time to recess.
The judge reminds all counsel to abide by the rules of evidence.
Mr. Feaga is going back through some checks with Mr. Young. One is a $3,000 check from Paul Hamrick to Young the date is in 10/09/2001.
Young says he talked to Paul Hamrick about the check. Hamrick told Young he had a check for him to come get. Harmrick told Young it was for Hamrick;s half of the stock Hamrick said he had bought with Young. Young says the check was to help cover up the $6,000.
Talk about another $1,000.
Another check for $500 from Young to Hamrick. There is another check to Harmrick April 4, 1998 for $1,500. Another check for $500 to Hamrick. young reiterates if he asked for something, Hamrick would do something for him.
Young says he was giving things to Hamrick because by our agreement, when I asked for something Hamrick would do it for him and vice versa. Young says the same goes for Siegelman and Bailey.
Mr. Feaga is going through more checks from Young or Tillman and Young. Young believes he cashed the checks and is verifying that with the documents. The checks appear to have been made out to cash. Most in 1998.
There is going to be a meeting at the bench.
Young agrees he provided Hamrick with at least $15,000 in cash over a 8-10 year period. This does notinclude the BMW money or stock money.
Young agrees he gave Harmrick cash in 1998. Young says he cashed the checks to get the money.
"Was the cash that was received for those checks, were the proceeds from those checks given to Mr. Hamrick or used for his benefit," asks Judge Fuller.
Young says he can't say that all the money from the checks being cashed went to Hamrick. Young says some of it did.
Mr. Feaga says he was just trying to establish that Young had the money available to give to Hamrick, not that Young gave all the money from these checks went to Hamrick.
Mr. Young is being asked about more checks and if the checks were part of the agreement.
Another check needs to be offered into evidence. This check is August 26, 1998.
Mr. feaga is making sure his charts have exhibit numbers on them.
The judge asks Mr. feaga to be sure to indicate for the judge which exhibits contain information not in the indictment. Specail reference is made to the 1994 t-shirt pages of Feaga's charts.
Mr. Feaga asks Mr. Young again about the helmet 11/13/1997. Young says the run around the track happened in the fall of 1997, Young says he purchased the helmet before the trip around the track, but the invoice wasn't received until later.
The judge is going to reserve ruling on the entering of the charts not already entered into evidence later.
Mr. Feaga is finished. While the judge is dealing with some things we will create a new post.
Defense Starts Questioning Young
Mr. Hamrick's lawyers will start questioning for the defense after their charts are set up. And of course everybody wants to meet with the judge.
The judge asks Mr. Deen if he is "getting close?" Mr. Deen starts the questioning.
Young agrees that at one point he was best friends, "true friends", with Hamrick. Young agrees he made a distinction between Hamrick and Siegelman, Bailey and others.
Young agrees he and Hamrick were friends for 10-12 years.
Young agrees he passed more money to Hamrick then Hamrick did to Young, but that money went both ways.
Mr. Young is being asked about the $25,000 for the car.
Deen is taking Young back to the check and the :for" remark that says "loan" on the car. Young agrees it is from Young's personal account to Hamrick.
Mr. Young is now asked about bribing Phillip Jordan. Young says it was extortion. Mr. Deen is getting Young to admit the "for" statements on the bottom of checks written to Jordan allegedly for things like cattle, a hay pusher, etc are untrue statements. Young admits it was to hide what the checks were going for.
Young agrees he went with Hamrick to pick out the car. Young agrees he knew what the $25,000 was going for. Young agrees he did not ask for anything specific when he wrote the check that enabled Hamrick to lease the car.
Mr. Deen is asking Young about a meeting in Clanton with Brennan for the government and Young's attorney Mr. Glassroth, who Jeff Deen goes on to referr to as a fine Montgomery lawyer.
"Let's cut out the editorials and move on," says Judge Fuller.
Young agrees he said "no" to a Mr. Long from the government during a government interview in Clanton when Long asked him if Young asked for anything in return for the $25,000.
Young agrees he made bond in the federal system. Young agrees he was arrested near Boaz and the bond was revoked and Young agrees his wife went to Hamrick's house and got $500. Hamrick also brought Mr. Gilbert $500. Young says he has not paid Hamrick back.
In 2000, according to Deen, Trava Williams got people involved in stock deals involved in margin calls. Young says he had an account with Williams but Young did not know which of Williams' two firms he did business with. Hamrick paid back $3,000 of the $6,000 agrees Young.
Young agrees he is familiar with interview documents. Young agrees he was interviewed from 11:55 a.m. to 4:45 p.m, Nov. 6, 2001. Young agrees the main thing government officials wanted to talk about was Goat Hill. Young agrees he didn't say anything about Hamrick and Goat Hill.
November 12 at Days Inn at Clanton. from about 10-2. Young agrees it was a follow up statement to the first statement and mainly focused on G.H. Construction. Young says he believes it is correct he did not mention Hamrick in regard to G.H. Construction. Young again says in the statement that he didn't ask Hamrick to do anything for the car.
There were questions about Claire Austin and a personal relationship with Hamrick. Young replies, "They were friends."
November 19, 2001 interview. Mr. Franklin was at the interview. Young says he takes Deen's word for it that Young does not mention Hamrick.
May 8, 2002 interview with government. September 20, 2002 interview was conducted at Young's home. Mr. Young agrees nothing is mentioned about Hamrick.
Young says he doesn't recall if there was anyhthing in the documents about an "absolute" agreement.
April 2, 2003. Young says he never stated Paul was involved in G.H. Construction. Young agrees the car is not in the statement but also agrees there is a statement about cash. Young says he would have to read the statement but that Bailey was one of the irst people to approach him about the project.
Young agrees G.H. Construction would have been a good project for the state.
Deen rattles off more statement dates from 2003, one in 2004, and then a jump until 2005.
October 10, 2005 testimony in front of the grand jury. Feb. 22, 2005 is another interview date.
Young agrees there is always more than one person there. On January 13, 2005 Young was taken to the Jackson County jail. Brennan showed up at the jail according to Young. Young says Brennan asked a lot of questions about Mr. Hamrick. Young is asked if Young told Don Gilbert that the government said to Young if Young would give them something on Paul Hamrick he would get out of jail. Young says he doesn't recall.
Deen says what he is showing Young is not a 302 but it is a summary by Brennan.
Young agrees he testified to the grand jury in 2005. Deen is reviewing Young's work history.
Mr. Dean wants to know where the money is coming from for Young to invest in NASCAR shirts, etc.
Young says his agreement was with Sports Image. He worked with Joey Tillman.
In 1992-93 time frame Young says he met Hamrick. Young agrees he had no business interest with Paul at that time.
The judge finally asks Mr. Deen where he is going?
Young says he moved to Montgomery following Young's divorce. Young says he came in 1993. Young eventually went to live with Hamrick for a while at two locations - an apartment across from Huntingdon and a house on Audobon Drive.
Young is asked about an address on a check from 1999 that still showed the Audobon Drive address.
Young says he and Hamrick went out and "We were two guys just out drinking beer."
Deen wants to know if Hamrick and Young went to NASCAR races before Young met Siegelman.
Young agrees when he met Siegelman that Hamrick was working on the campaign.
Young agrees he gave things to Siegelman like t-shirts. Mr. Deen brings the charts up for Mr. Young to examine.
Judge Fuller sends Deen and the charts he just brougnt in front of Young back to the original position of the charts so everyone can see.
Young says that in 1994 the shirts would cost $6 each if Siegelman bought 1,000 shirts. Young says he was paying about $36 a dozen for the shirts. Young is asked if he has an invoice for the shirts donated. Young says he has 1,000 AFL-CIO workers. Young says he doesn't know that he has any receipts for ball caps.
Deen is bringing doubt as to what information is on Mr. Feaga's charts. Deen says Young is just guessing. Young says he doubts that there is any paperwork to back up his claims that he gave the shirts. Young says their are people who got the shirts and can say so.
Deen brings up Young's 1992 bankruptcy, Chapter 11. Deen says the bankruptcy document is a certified document. The prosecution is objecting.
Deen says the bankruptcy petition shows how much his debt Young was in and whether or not Young could have been the biggest contributor to the campaign.
The judge says he will deal with this in the morning.
Talk now is of limiting instructions in reference to Mr.Scrushy and the testimony of Mr. Young.
The judge tells Mr. Leach and Mr. Franklin to work out the language and the judge will consider the instruction.
The government will call Burges and Jordan after Mr. Young.
The judge is now also talking about "Trial by Charts." He is going to grant objections to charts which fall outside the August 1997 through January 20, 2003 time frame.
Mr. McDonald says Mr. Feaga has done a "fantastic" jobl in handling the witness. "Mr. Feaga is essentially transcribing the witnesses testimony and putting it on the charts" The judge agrees with McDonald.
"Mr. Feaga did not begin this plethara of chart marking. I am afraid we are going to wind up with more charts going back to the jury room than exhibits," says the judge.
The judge says if the use of charts continues he might not allow any of the charts to go to the jury.
"Everfyone is guilty." "It is turning into a recitation.," says Judge Fuller.
The judge will admit some of the government's exhibits and parts of others.
The group is going into chambers for the next conversation.
Lanny Young Returns
We are going to be starting in a minute. The judge is in the courtroom. The transcript of yesterday's Bloung-Young telephone recording transcript is linked on the right side of this page.
The judge is taking up whether or not Young's bankruptcy filing
Mr. Feaga objects. He says there are a lot of allegations contained in the filing. He says the 500 pages are collateral.
Mr. Deen says the document goes to the witness' credibility. Mr. Deen argues Young testified he did things financial for Gov. Siegelman and the information goes to credibility.
The judge asks Mr. Deen if Young has denied the bankruptcy and Mr. Deen says Young has not denied the allegation.
Mr. Kilborn says the evidence will show he did not have the assets. The judge says,"Mr. Trump filed for bankruptcy protection and he seems to have done pretty well during his bankruptcy."
Kilborn says Young has filed a subsequent bankruptcy. One in August and one in September 92.
Mr. Kilborn would like a sidebar.
The judge says the document is marked for exhibit but not admitted.
The judge is asked to order some records to do with Chemical Waste Management. The judge tells the government to prepare the order and he will issue it.
Mr. Deen is asking that a bank statement from Paul Hamrick's account from 04/08/98 be admitted into evidence and it is.
Mr. Deen asks Mr. Young if he knows a Kim Young and Mr. Young says Kim Young is his wife.
Young is asked to examine a document.
Young is asked about a $6,000 payment to Paul Hamrick and Young agrees Hamrick paid $3,000. Young agrees Kim Young then wrote Hamrick a $1,000 check. Young has reviewed the check with his wife's signature on it.
There are arguments about the exhibit but the judge admits it into evidence.
IYoung is asked when he first started staying at a house with Hamrick. Young says 1996. Young is asked if he got sued by his landlord in 1994. Young agrees Hamrick represented him in the suit. Young agrees Hamrick was his friend. Young agrees he probably didn't pay Hamrick to represent him.
Deen wants to admit the certified copy of the lawsuit against Young into evidence. The judge lets the document in.
Young says he moved in with Hamrick in 1996. Young says he paid most of the rent. Young is asked if he has some checks that show where he had rent. Young says the government has all his records. Then Young says he may have paid some rent and utilities to Hamrick with cash.
Young is asked about going to Bud's. Young says that is the place they frequented the most. Young is asked if he went to a restaurant in Mobile and "Young says he went with Siegelman and Young picked up the bill.
Young is asked if he and Hamrick picked up ladies at Bud's and took them home with them. "Yeah, I'd say that happened."
Mr. Young is asked to review a plea agreement. Young now says he wants to correct a statement he made earlier. The judge says he will let Young correct his statement.
Young says Hamrick may have filed for him on the landlord case but Young says he was actually represented by James Anderson.
The document is the plea agreement. Mr. Deen is asking about pleading guilty and Young says he has spoken to his attorney and members of the government.
Deen is asking about "substantial assistance to authorities." Young says to him it meant he would answer government questions. Young says he has hopes of a reduced sentence.
Count 1 is a conspiracy to numerous candidates for elected positions in the State of Alabama. Young says he does not dispute that. The agreement says the official was an official, a budget officer in the Department of Finance, acting head of ADECA...The official mentioned is Nick Bailey. Young agrees this is the case. Young agrees Hamrick is not mentioned at all. Young says Hamrick is included in the "other officials" part.
Mr. Young is looking through the exhibit.
Missed a couple of things but am back until break.
Mr. Young is looking at something to do with the Cherokee County landfill.
The date in question is October 9, 1995. The talk is of Young needing help from Jordan on the landfill. Paragraph about what Young and Jordan agreed to do.
Young is asked if he sees anything about Paul Hamrick in the document. Deen says that is why he's going through the document paragraph by paragraph.
Mr. Deen is going to have Mr. Young look through the document having to do with factual evidence. Young says he depeneded on his attorney and he pleaded guilty to the charge on this. With regard to the Cherokee County landfill situation, in which Young paid the Probate Judge for help, Mr. Young says he does not recollect anything in that part of the document which refers to Hamrick in any way.
Young agrees he filed for bankruptcy in 92 and Young says,"There were two or three subsequent bankruptcies to clear things up. We had to bankrupt the company due to the loss of manufacturing."
These statements are in regard to a business bankruptcy in 1995.
There are again some questions about an exhibit. After review the judge is asking the relevance of the document. The judge sustains the government's objection.
Young is asked about a personal bankrptcy, as well as the business bankruptchy, in 1995. Young agrees there was a personal bankruptcy as well.
October 9, 1995 Young signed a contract with Waste Management. Deen admits the Waste Management contract into evidence.
Young is asked about an attorney representing the Cherokee County Commission. Young says this document has nothing to do with Waste Management.
Young agrees you have to have approval from the county and ADEM for the landfill.
Young says you have to have host government approval before ADEM can process an application. Young says the agreement does have to do with Cherokee County. Young says he was dealing with Jordan, the County Commission, and others.
Young says it took him nine t o ten months from the first meeting until the contract was signed. Young says he did not have a specific site picked out when he started.
Young says the document is a result of working on agreement for a site. Young says there were two attorneys from the law firm working on this. Young says the firm was Walston, Wells from Birmingham.
Young agrees there was a lady attorney at first. Young agrees Bill Pryor was a member of the firm at one time. Young says he trusted Dean Buttram's recommendation.
Young agrees there was no funnuy business in getting this contract. Young says he was not involved with Waste Management at the time.
Young says his firm operated only in Cherokee County. Young says after this period AWDS West operated and Young says he went out and picked up garbage on occasion.
Young says his firm made a contract with USA Waste around 1997-1998 to his recollection.
Young says other people invested in his company. Joey Tillman invested in the company. According to Young, Tillman owned 20-25 percent of the company and there were about 8-10 others.
Young agrees he was the point man.
Young says when the package actually got to ADEM there were some things Young and Brazeal did not agree with and on those occasions he got involved. Young agrees he did a lot of work to get the landfill project through. Young says he wants to make sure he tells the truth.
Young says to his knowledge, while dealing with various agencies to get approval for the landfill there was nothing illegal done.
Young agrees he lent $56,000 to Nick Bailey. Bailey was working for the lieutenant governor's office. Young says Bailey was a confidential assistance. Young says Hamrick was chief of staff and Young says he visited Hamrick in Hamrick's office.
In May 1996, Young agrees he bought an airplane a year after the bankruptcy. Young says in a future year, other investors in the plane did not do what they were supposed to do and the plane was repossessed.
We're moving to 1997 and Talladega.
It looks like we're going back to the charts. Mr. Deen is going through a history of the Talladega racetrack. Young says Siegelman is a NASCAR fan. Young agrees he had conversations with Siegelman about NASCAR.
Grant Lynch is the president or manager over the Talladega Superspeedway according to Young. Young agrees Lynch came to Young and told him Lynch needed help getting Sunday beer sales. Young says he spoke to Siegelman, Hamrick, and Bailey about the possibility of getting it done. Young agrees Gerald Dial probably sponsored the legislation.
Young says Hamrick facilitated a meeting with Mr. Lynch at the Capitol with Bailey and Siegelman. Mr. Deen is writing on his chart. I guess Trial by Charts continues.
Young says Dwayne Freeman may have attended the meeting as well. Young says all Hamrick did was set up the meeting.
Young says he does not have a date for the meeting. Young agrees the legislation was passed in 1997. Young says the meeting was about three months before that.
Young is asked if Hamrick's job was to set up meetings and Young agreed. Young agreed there was nothing wrong about setting up the meeting.
Young says he got passes to Talladega to the garage pit area. Deen says he is trying to find out what Young got for free or in return for the beer legislation getting passed.
Young says he has several credential, documents, pictures that suport his story. Young says Lynch met him at every race Young attended. Young says he can not tell Deen how Mr. Lynch may or may not testify. Young says if he went to the track now, he would have to buy tickets.
Deen is questioning Young about tickets he paid for that Young mentioned yesterday as renewing.
Young is being asked about a charity event and Young is not sure of the date.
Deen wants to know if 1998 was the time frame for the racing helmet Young says he got for Siegelman. Mr. Young is being shown an invoice that was paid 2/20/98 for a helmet.
Young says he is not exactly sure when the invoice was sent. Young says the helmet was sent before a race for Siegelman to use. The hlemet was sent from Charlotte. Young is unsure if this was in the sfall of 97 or spring of 1998.
Young says Siegelman was going to solicit donations from corporate donors for every lap Siegelman completed in the car.
Young is asked about the raising of money for a WWII memorial in Washington, DC. Young says he is aware that Siegelman was the chair for Alabama. Young says Siegelman's laps were part of this project.
Young says the Childress/Earnhardt people were coming to qualify for the race. Young says they wanted to raise Siegelman up as a NASCAR fan and get contributions for a worthy cause.
"That's what politicians do," says Deen. "They do that," says Young.
Mr. Young says he did not pay for the car that Siegelman drove in. Young says he did not have any money spent on the car. Young agrees he got the helmet and Young does not know where they got the suit from.
I had to take a lenghty blog break. Sorry, I'll try to get the info and catch you up if I can.
Mr. Deen is still questioning theMr. Young and they are now talking about a presentation to Jim Hayes. Young says he only made the first meeting. Young says he "used to think so" when asked about Mr. Brazeal as a lawyer. Young agrees there was a report prepared for the meeting with the Department of Revenue head. Young says Ted Hosp was not involved in this project.
Young says he hoped it was successful because he would make money on the project, the revenue tax ruling. Young agrees he made $500,000 on the project.
Young bought some land from Jere Beasley on which Young built a house. Young agrees he ran into financial problems because of several lawsuits and bad investments. In 2001 Mr. Beasley started foreclosure.
Young says he talked to Hamrick about Beasley foreclosing on the property. Young says he doubts that he asked Hamrick to call Jere Beasley. Young says he doesn't think he would have asked Hamrick to place the call because Hamrick and Beasley did not get along.
Young says Hamrick did not introduce him to Bill Blount. Young agrees Blount co-signed a loan with Young. "We had an agreement on what he would get for this," says Young.
Young says he's known Blount since the early 90s. Young says in 2000 he was a consultant for Blount. Young agrees Blount paid him for consulting. Deen says there were two checks.
Young agees he was still partners with Claire Austin. Young says he probably shared none of the $35,000 he got from Blount with Austin. Young agrees the money went into the Tillman-Young account. Young says he and Austin had agreements about different clients and neither got money from some of each other's clients.
The judge wants Mr. Deen to ask a question and let the witness respond.
Mr. Deen is moving to the bond discussion that was on the ttape from yesterday. Mr. Blount, an nvestment banker is on the tape as well as Mr. Funderburk.
Mr. Deen says most of the tape is a discussion about the bond market. "If that's the way you want to explain it, that is your interpretation that is fine," says Young.
Young is reviewing the transcript of the tape recording between himself and Bill Blount yesterday.
Young agrees he doesn't know anything about bonds. Mr. Deen says Mr. Hamrick did not know anything about bonds. Young agrees now Mr. Funderburk may have worked in the bond business.
Young says he does not know what Bill Blount's relationship was with Hamrick or Siegelman.
Young says he does not know what Hamrick knows about bonds. Young agrees Hamrick got Funderburk who knew about bonds to call Blount.
Young agrees he got paid $35,000. "He knew I had the access and the ability to get it done with the administration. I got it done," says Young.
Young called Hamrick who called Funderburk who called Blount. "And you charged $35,000?" says Mr. Deen. "I did," says Mr. Young.
Young is asked about not wanting a highway coming through his property. Young agrees he talked to Hamrrick about the problem. Young says Siegelman and Mack Roberts came out to look at his property and agreed Siegelman nor Roberts did anything for him in regards to stopping the highway.
Kilborn vs Young
Vince Kilborn has started questioning Lanny Young.
Young says he does not know whose custody he is in and Young is asked about his divorce.
Now Kilborn moves on to the charts. Mr. Kilborn is doing some "housekeeping" with the charts.
Kilborn asks if he gave Siegelman $72,500 in t-shirts, caps, cash, etc in the lieutenant governor's campaign in 1994. Young agrees there were 1,000 t-shirts at $6 and 500 caps at $5.50. Total is a little over $58,000 and some cash and other things.
Young says he gave the items to Siegelman and that they were part of Young's personal assets. Young says the items went to the campaign headquarters. Young says that is the fair market value of that property in 1994.
Kilborn talks to Young about Young's bankruptcies. Kilborn says Young went in 35 days from being bankrupt to earning quite a bit of money by getting the Cherokee County Commission to approve the contract.
Kilborn is grilling Young about his assets. Young says he was a salesman. Young is reviewing documents that say his estimated monthly income was $0 from Raceday. The document says $0 in overtime and total take home pay was $0.
Young says he had not received any income since November 1994.
Young says this document was filed by the attorneys but Young agrees he signed it under oath. The document is a bankruptcy document. Now Young says he got money from his import company through his accountant.
Young says he does not recall if he filed an income tax return. Did you put this money on your income tax return for 1994 or 1995? "You are a tax cheat aren't you?" asks Kilborn.
Young admits he is guilty of filing false tax returns.
Do you take responsibility for being a criminal tax fraud artist or not? Young admits he was wrong.
Mr. Kilborn is asking Young about a Guatemala company and Young says he will have to get the information.
Young is looking at the document which shows his monthly expenses of $4,730 or $56,760 a year.
Young agrees income less expenses was $33,240. Young tells Kilborn he's not an accountant when asked about how much tax he would have paid on his income. Kilborn is working the charts. Kilborn says, "Like the political polls, let's put a margin of error."
Kilborn says 1994, Raceday Apparel, $90,000 in income. Kilborn has Young working the calculator on the stand.
Kilborn says Young paid Siegelman over 4.5 times what Young's finances would have been. Young agrees if you're looking at personal income that is correct.
Kilborn is now questioning Young about alimony. Kilborn brings up $3,000 in support a month or $36,000 a year. Kilborn says Young paid Siegelman twice what Young paid his children.
Kilborn is asking Young about other transfers of property within one year of the document. Kilborn says Young transferred assets to Siegelman.
Young agrees he sat down and went over the document carefully. Young agrees he took an oath.
Young says there wasn't a place on the form to put political contributions.
Young did list a $3,8000 to his ex-spouse.
AWDS LLC was a company formed with Tillman. Young says he doesn't recall how much stock he had in the company. "It was prepared by an attorney in Birmingham."
Young says he got a contract in 1995 between AWDS and the Cherokee County Commission. Young agrees the bankruptcy petition was filed around February 1995.
"Ask a question, don't make speeches," says the judge.
Young says he does not know that amendments should be filed to the bankruptcy if new money or property comes in.
Young agrees he filed bankruptcy twice in 1992. "It was a process..it was something you have to do in business when you have so many trial lawyers chasing everything."
Young says he came to a point where he knew he was wrong. Young says when he met with his attorney he realized things were not right.
You didn't have to go to your attorney to know that bribing a Probate Judge was wrong?
Young says that he has admitted that he was wrong. Young says he went to his attorney, he and his attorney met with the government, and he decided to tell the truth.
Young says, "I'm a grown man. I know when thinks are wrong." Young agrees using the word "loan" on a check was "wrong."
Young agrees the word "hay" on the bottom of check payable to people related to Philip Jordan was wrong. :Have you ever bribed a judge before?" "You paid Jordan to get influence with the Cherokee County Commission," says Kilborn. Young first says he pleaded guilty to extortion and then agrees that the money was a bribe.
Kilborn is asking about Paul Thomas falling off a cliff a few days after the FBI came to see Thomas. Young says he did not talk to Philip Jordan about Thomas falling off a cliff. Kilborn says Thomas fell off a cliff with a plate of table scraps in his hand. Thomas apparently signed the back of one of the alleged bribe checks.
Young says he does not know whether or not Jordan will be here tomorrow.
"You stiffed all your vendors and your employees in your bankruptcy, isn't that true?" says Mr. Kilborn. Young says he did not.
Still on Cherokee County. Established that Siegelman was presiding officer of the Senate . Kilborn brings up Steve Windom. Kilborn says the Senate took away Siegelman's power as lt. governor.
April 13, 1998 was the next big event says Kilborn. Transfer of stock from AWDS to USA Waste. Kilborn says the measure passed without Jordan's vote. Young says there are five people and four votes and I don't know who voted for it.
Young says Siegelman made phone calls for him to the Cherokee County Commission. "Gov. Siegelman called the Cherokee County Commission...He called at my request...I don't know the date he called," says Young.
Young is asked about an interview with government officials in 2001. Young says he told the truth. Kilborn is asking about Charlie King, a commissioner in Lowndes County. Young agrees he gave money to Mr. Rudolph an associate of Mr. King. Young agrees he was trying to get a landfill in Lowndes County and gave the $10,000 to Rudolph.
Mr. Kilborn is asking Young about his statement. Young agrees he did not tell the government he bribed Jordan, Siegelman, Bailey or Hamrick. Young agrees he left it all out.
Young says he was covering up for friends. Young says he didn't trust the government enough at the time and had not admitted to himself what he had done. "You had a transformation, Is that right?"asks Kilborn.
Young says he doesn't know if he's had a transformation but he did realize he was wrong.
Young agrees he was supposed to disclose to the government everything he knew about criminal activity.
Young agrees he knew he had bribed a probate judge at the time and he did not tell the government.
Young says that he knew he was lying to the judge. "At that time I had not revealed the checks to Mr. Jordan..." that's the truth.
Young admits he did not reveal all the crimes he participated in.
Young says every question to the best of my knowledge was truthful. He did not tell them everything. "I hesitated, I denied it to myself early on...I'm here to tell one thing and that's the truth and no matter what you say about me today, that's what I'm going to say," says Young.
Young agrees he was looking at about 130 years in prison. Young agrees he and his attorney tried to get the indictment dismissed, the one in 2004.
"I know that Mr. Glassroth filed some motions," says Young.
Young is reviewing a letter from Glassroth to the government.
Kilborn gets Young to admit Siegelman, Hamrick, Roberts, nor Scrushy had anything to do with Young bribing a judge.
Young is asked to look at his plea agreement. Young says he doesn't recall being under oath. Did you tell that judge the truth? Yes, Mr. Kilborn I did.
Did you just sign something because the prosecution put it in there or did you sign it because it was true? I signed it because my attorney said it was okay to sign it.
Did you sign this plea agreement because it was true? Young says his attorney advised him to sign it.
Young agrees he signed the plea agreement. "I signed this agreement after meetings with my attorney..I'm sorry I don't have the expertise to answer your question Mr. Kilborn," says Young.
Young says what's in the plea agreement is not his lawyer's fault. He says he takes full responsibility.
Kilborn is referring to 2003 plea agreement. Kilborn is reviewing with Young what could happen if Young is in violation of his plea agreement.
Young says he has not violated his plea agreement.
Kilborn asks if Young told the government about Talladega and Blount. Young says he assumes that since the government hasn't charged him, Young has not violated his plea agreement.
Kilborn says Young didn't mention Cherokee County. Young says the government did not talk to him about a lack of cooperation.
Kilborn is asking about Young's transformation. "I'm still the same person I, was...It's not easy admitting what's you've done wrong."
Young says in 1994 he was in the importing sportswear business. Young says 1994 during the campaign he had several conversations with Siegelman about what would happen if Siegelman took office. Young is asked if he agrees with Bailey's term "absolute agreement." Young agrees.
Young says Gov. Siegelman and he had conversations where Siegelman said that if I become governor there are going to be things I can do for you.
The agreement was supposedly reached in 1994 according to Young. Young says he asked for $10,000 for a youth baseball facility...and some other things.
Young says he had conversations with Siegelman also in 1995-1996. Kilborn wants to know if the youth baseball contribution was an illegal act. Young just keeps saying, "I asked for things they provided them, when they asked things from me I provided them."
Kilborn asks Young if he wrote the absolute agreement down? Young says no. Young says he never wore a wire nor did he secretly tape Siegelman.
Young agrees he was not asked to tape record Siegelman but agrees he did tape Bill Blount. "There were some tape recordings that were inadvertent."
Young says he was being extorted by people in Lowndes County. Young says the recording was with his knowledge.
"After the investigation started Gov. Siegelman didn't want to call me anymore," says Young.
Young says he did not know Siegelman knew Mr. France before Siegelman knew Bailey.
Young says Siegelman couldn't get into the garage area before Siegelman was lieutenant governor.
Kilborn is going over the history of alcohol at Talladega. Young says, "Bootleggers were doing well."
"Kilborn asks if people were getting drunk and driving drunk. "It's still happening," says Young.
Young says the track wants to make money off the alcohol and it is a good deal for the state, county, and track.
"It was just a good deal, wasn't it?" says Kilborn. "It was a good deal," says Kilborn.
The vote was passed by unanimous vote.
Young is looking at a Alabama Senate journal. Young is asked if this is the legislation Young contends that he bribed Siegelman to get passed.
Young says he did not bribe any state senator that voted for the bill.
Young says it is his contention
Do you do anything without a bribe or do you bribe every public official? Why did you have to bribe a judge. "The judge came and asked for money and I gave it to him," says Young.
Young says he didn't have to bribe. "People, staff members and elected officials asked me for things over a number of years and I delivered."
Waste Management was paying Austin- Young. Young says he sold a company to U.S.A. Waste before he did business with Austin.
Young says the things he had before Austin-Young started in Feb 1999 were his.
The business broke up in May 2001.
Young says he did not take $10,000 out of the company without her knowledge.
Young says he does not recall if he told her about the $500,000 from Waste Management.
Young says the firm broke up because there were a lot of conflicts in the office. "No, I didn't take any money to Mexico."
Young infers Austin came to him to get Democratic clients as she was a Republican.
Young says, "Mr. Brazeal is a fine, educated attorney."
Young agrees Brazeal was his attorney until the attorney general launched the investigation.
Young says Austin researched the revenue ruling.
Young says he set up a meeting with Nick Bailey.. Sidebar time.
We're back and we already have an objection.
Young agrees he had a meeting with Jim Hayes at the Department of Revenue. Young agrees he asked the Department of Revenue along with Mr. Brazeal to work with Brazeal and other state attorneys to work rapidly to get this resolved.
Young says he used his influence to get the meeting set up.
Young says he doesn't know if it was necessary to get the approval of ADEM. Young says he did not set up meetings with ADEM for this purpose. Young says it was handled by the Revenue Department.
Young says he does not have any evidence that there was anything immoral or illegal with regard to the Alabama Department of Revenue and this ruling.
Young is asked if he knows Eddie Curran. Young says yes but he has not talked to him since the first time they talked.
Young denies he left a message on Curran's answering machine nor has he called him.
Young says he thinks Mr. Brazeal called Curran. Young is asked if he knows Suzanne Smith.
Young says he had a conversation which was recorded and which Young has seen the transcript. Young is asked to look at the transcript.
Young agrees he has seen the document before.
Young agrees this conversation took place in August 2001. Joe Espy and Glassroth were his attorneys at this time.
Young says his attorneys did not know he was having this conversation.
Young is asked if he told her he was having the wool pulled over his eyes.
Young can't identify the transcript and the judge tells Kilborn to move on.
Mr. Kilborn...do not ask him another question about this conversation. Sidebar.
Young says he does not remember talking to Smith about G.H. Construction before the taped conversation.
Young agrees he has said G.H. Construction would have been a good thing for the state.
Young says he doesn't recall seeing a memo from Henry Mabry saying the project should be done.
Young is asked if he recognizes a letter he has been handed. Young says he does not. Young says he recognizes the content of the letter.
Young says owning builds equity and that's why it was a good idea. Young says Nick or Shane Bailey approached him first.
Young says he was behind the organizing of G.H. Construction. Kilborn asks if Young had ever set up another company to hide Young's ownership. The idea of falsifying documents was not new to Young, he admits.
Young agrees he falsified tax returns. This gentleman was a con artist and a crook. This gentleman easily ,,,took it upon himself to falsify these documents.
Young says to be a project manager one had to be a contractor. Young says he knew Mr. Green was not qualified. Young says he's not sure when he learned about Broderick.
Young says he new a Ms. Easterling with the licensing board. Kilborn alleges Young used a Ms. Crane's friendship with Easterling was used.
Young agrees Broderick and Kirsch falsified some documents, but Young says it went through normal channels.
Young says he was not the architect of falsifying documents with the state licensing board. Young says the he was not the lone mastermind of submitting the false documents. He agrees Siegelman nor Hamrick played a role in this.
Young disagrees that Easterling was offered an automobile. Young says he does not know what Ms. Crane did in regard to an automobile for Easterling. Young says he may have offered Easterling a job.
Young says he doesn't know who checked the financial statements and did the followup on the application.
Young says he had nothing to do with the contract review board. Young says G.H. had to have a license. The license was submitted says Young but he never met with that board.
Recess more to come.
Kilborn vs Young Part II
Mr. Kilborn is continuing his questioning of Mr. Young. He is questioning Mr. Young about Young's academic background. Young is answering questions about ROTC.
Young says he became a 2nd Lieutenant. Kilborn is asking Young if he submitted documentation of a forged master's degree? Young says no it was a forged bachelor's degree. Young says a CWO Jolley made it up. Young says he knew about it and there was also a forged transcript.
"What excuse can you give this jury today for forging documents to advance your career in the U.S. Army?
The year was 1998.
Young says he's answering questions honestly.
You stiffed your mother on the bank debt didn't you? No, sir I did not.
You don't still have a copy of that forged transcript do you? No, sir.
Kilborn again says Young has lied to everyone Young's entire life. Young says he's been answering questions honestly.
What is your story on this Honda motorcycle? asks Kilborn.
Young says he was called to the governor's office. Siegelman told Young he wanted to buy a Honda motorcycle that cost between $9-10,000. According to Young, Siegelman told Young to see Bailey about it. Young says he gave a $9,200 check to Bailey and Bailey told him he needed cash so Young got a cashier's check and gave it to Bailey. Young says it was all part of the agreement.
Young says he knew the whole situation and agreement was wrong and did it anyway.
Young says it's possible Siegelman talked to him about Honda in Japan. Young says his recollection is Siegelman told him Siegelman liked a motorcycle at a local dealership.
Young says to his recollection Siegelman didn't tell him that Honda wanted to give Siegelman a motorcycle.
Young says he doesn't recall Siegelman telling him that Siegelman told Honda no.
Young says it was his impression that Siegelman wanted to buy the motorcycle not that he had already bought the motorcycle.
Young says it wouldn't surprise him now that the motorcycle was bought Dec. 7. 1999 well before the conversation of January 19th-20th.
Young says Nick Bailey did talk to him about how they wanted the check. Young says Nick Bailey came up with the amount of the check. Young says he didn't know what the price of the motorcycle was, Young says he took Bailey's word for it.
Young says he doesn't know what happened to the $9,200. Young says the governor told him to get with Nick and Nick told him how he wanted the check delivered.
Young says he received a check from Bailey for $10,300 or there abouts. Young says Siegelman and Bailey were trying to make it look like a loan repayment. Young agrees he did not have conversations with Siegelman about the check.
Young says he knew what they were trying to do. "I suspected they were trying to cover up some things wrong and corrupt.
Young says he did cash the check. Young says his attorney was Joe Espy. "I wasn't going to turn the money down."
Young says his attorney said it was okay to cash the check.
Mr. Young is being made aware of his rights as regards attorney-client conversations by Judge Fuller.
Young says he called to asked how to title the 4-wheeler and was told to title the vehicle in Siegelman's name. Young says the purchase was all one check to Ward's.
Young is reviewing a document which shows a Dec. 27, 2000 date that Young says he delivered the vehicle to the mansion. Young agrees Siegelman was not there at the time but wanted the 4-wheeler at the mansion when Siegelman arrived.
Young is reviewing a bill of sale on which Young signed the name of Don Siegelman.
Young says he delivered the 4-wheeler to the mansion. Young is asked if it made any sense to try and hide the purchase of the 4-wheeler by putting it in Siegelman's name.
Young says it was "not a very good one," referring at Young's allegation of cover up.
The note is dated Dec. 19th. Young says it was after the quote when trying to explain why the note came before the 4-wheeler was delivered.
"You're not trying to say you got a thank you letter for a bribe are you?".
Young says he got many notes after things were done.
Young is asked if he knew the governor's notes are copied and sent to the state archives.
Young says there was no accident involving his children around this time.
Young says he doesn't recall if he delivered flowers or anything around Dec. 19.
Kilborn is bringing up the "Your are special" letter that was put on a plaque.
Young agrees around Jan. 20, 2000 he was involved with the Lowndes County landfill. Young says other than some phone calls no.
Mr. Young says he made up the mug at the request of Siegelman. Young says Siegelman asked Young to see Mrs. Siegelman so she could pick one up.
Mr. Kilborn wants to know if Mrs. Siegelman was involved with the bribe of those mugs.
Kilborn is finished after asking if the jury should believe Mrs. Siegelman , "the beloved wife," was involved in a bribe.
Mr. Feaga is showing Young's plea agreement to Young. Young is asked to read a portion of the agreement of May 15, 2003.
Young is reading from the agreement. This portion denotes the motorcycle and 4-wheeler incidents.
In the document Young says he did things in exchange for help with his business.
Young says he employed 200-250 people and was in bankruptcy in 1994.
Chart Wars continues.
Mr. Feaga asks Young if he had to borrow money for his business and Mr. Young says he did.
Mr. Feaga list $250,000 as an example of money borrowed to start a business. Mr. Feaga adds another $250,000 for equipment and another $250,000 for raw materials. j Then Mr. Feaga adds another $250,000 for payroll. Young agrees these things all go into the cost of making the shirts.
Mr. Feaga says he should be able to go down this line because the defense went two hours on bankruptcy yesterday.
Mr. Deen and Mr. Baxley and Mr. Kilborn have objections.
Mr. Feaga now decides the t-shirts are selling for $1,10. If you make a million of them it makes $1 million 100 thousand or $100,000 profit.
Young says NAFTA destroyed the apparel business in the Southeast. Young says he could bring things in cheaper from Guatemala, China, and Mexico.
Mr. Feaga says the shirts are now sold for $.60 because of NAFTA and Young still has all his expenses to meet, the $1 million.
Mr. Feaga continues to write on the chart. He says as long as the t-shirt is $1.10 the finances are okay. Feaga asks Young what happens when the price drops? Young says his clients will no longer pay the $1.10 price. Young says people had to be made redundant at the company.
Young says he gave the shirts to Siegelman.
Young says he had to personally guarantee his business notes. Young says the creditors started looking at him to repay the loans the business could not pay. Young agrees he went into bankruptcy.
Young says he then went to Guatemala and Mexico to visit plants. Young says Hamrick and he pulled the labels off the hats so the AFL-CIO wouldn't know the hats they he gave out were not imported.
Young is asked to look at a t-shirt. Young says the t-shirt is like the one they delivered to the hotel for a campaign event with union members. Young says it has no label. It was a foreign made shirt.
Young is looking at a t-shirt for another union Labor Day rally, Sept. 4, 1995. Mr. Feaga says Kilborn says there aren't any t-shirts and asks Mr. Young if this shirt is another one of those t-shirts. young says it is.
Another shirt from September 4, 1995.
Young is looking at a picture showing Dale Earnhardt and Don Siegelman. In his hand Siegelman is wearing a driver's suit and holding a helmet. The picture was taken near the garage-pit area.
Young says he got Siegelman access to this area of the speedway.
There is another picture showing Siegelman getting out of the race car, Dale Earnhardt's car. Richard Childress is also in the picture taken at Talladega Superspeedway.
There is another picture of Miss Winston Cup Young and company, Siegelman and company, and Musgrove, then governor of Mississippi.
Mr. Feaga is concerned how is question about the youngsters will be interpreted.
Young is asked if the youngster in the picture were the ones who rode 4-wheeler's together. Young says they were.
Feaga says the picture was taken in happier times between Siegelman and Young and Young agrees.
There is another picture of Siegelman, Young, and Grant Lynch. Feaga again refers to happier times.
"I'm looking at the picture, I don't see Louis Franklin in there do you? Do you see Mr. Kilborn in there anywhere?" says Mr. Feaga.
Young agrees the photograph was taken before Young met with government prosecutors. Young says he had not been charged when the pictures were taken. Young says Mr. Franklin represents the government and will make a recommendation concerning Young's future.
There are some issues with checks. The lawyers are going to confer about exhibits while the jury is on break. There are some arguments being made in front of the judge.
Mr. Feaga is offering some exhibits. He says questions have been raised as to cash available to Young to pay to people and Feaga says the evidence he wants admitted are important to the government's case to prove that Young had access to the cash.
Mr. Kilborn says they couldn't connect the payments to Siegelman. Mr. Kilborn says if these exhibits are in, the defense has the right to get into money Young says he gave to other politicians.
Mr. Feaga argues that this is "smoke and mirrors."
Mr. Deen says that a 302 says Young says he gave Senator Sessions $5,000-$7,000 in cash through an intermediary. Again these are Young's alleged allegations.
This is apparently about some checks. Feaga says he wants to show Young had the money to spend. "It's just important to our case your honor."
The judge says he will let Feaga establish that Young cashed checks for cash, but unless he can say he gave X number of dollars to Siegelman, Bailey, or Hamrick
Mr. Leach says he made a change to a charge and tend it to a charge. Leach says Franklin wanted some other changes. Jurors are lay people judge and the charge has to be clear...
The judge agrees with Mr. Leach. Now Mr. Franklin says he wants to be consistent in the charge.
The judge says the reason he changed the original proposed limiting instruction on behalf of Mr. Roberts was because one of the witnesses mentioned Mack Roberts at an antique shop in Birmingham. This witness on the other hand I have heard no reference to Mr. Scrushy. The witness could probably not identify Mr. Scrushy except for pictures he has seen. Mr. Leach will get his charge as requested as concerns Mr. Scrushy.
We're back to checks. Mr. Kilborn is arguing prejudicial effect. Feaga wants to put some checks in. Feaga says he can't tie the cash to Siegelman directly in regards to the questioned exhibits Feaga wants in.
Kilborn says Young has been bragging about paying off politicians. The judge says "We're not going to get into that."
The judge will not let the defense bring up alleged payments to other politicians not on trial in this case. Mr. Deen asks why this is not relevant? The judge turns the question around to Mr. Deen.
Mr. Deen says if he's making contributions to these politicians, Young wouldn't have the money Young bragged about having. Mr. Deen is clear he does not believe Senator Session got money not on Sessions' financial disclosure statements.
"We are not going to get into contributions to other candidates, whether they be Democrat, Republican, Independent or Communist Party, whatever party they are in," says Judge Fuller.
The judge tells Feaga he can establish Young has access to cash with regards to checks cashed for "cash."
Mr. McDonald says the concern is that if we start going down that road is essentially the burden of proof is transferred back to the defendants to prove the money was spent on other things than our clients. If we start talking about $75,000 cash..
The judge says there is nothing illegal about having $75,000 cash.
McDonald says the defense was not allowed to put the bankruptcy documents into evidence. Now the government says we need to get the checks in.
Hear me clearly Mr. McDonald, I have not said the checks are going to be admitted into evidence.
The judge stops the arguments and calls back the jury.
Mr. Young is asked what bank the checks are written on. Young says his bank is Compass. Feaga says they are all checks to cash. March 1998- March 16, 2001. There are 73 checks to cash. The total amounts according to Feaga is $71,400.
Mr. Kilborn says he noticed Mr. Feaga's math earlier, but there is a stipulation between parties that the exhibits are checks written for cash between March 1999- March 2001.
The other checks testified to earlier from Colonial totaled $37,000 and were from 1998. Mr. Feaga says these checks were also written for cash.
Mr. Kilborn objects and Mr. Feaga withdraws. Mr. Feaga is finished. Mr. Deen is questioning Mr. Young. Young agrees he cannot tell from checks cashed for cash that any of that money went to Paul Hamrick. Young says he has made payments to other people. One contribution was to Claire Austin for a candidate of $7,500 according to Young. Young says it may be prior to 1998. Young agrees there is another candidate he gave $12,000 - $15,000 to but does not agree it was all in cash. Young agrees he provided t-shorts, coffee cups for this other candidate who is not on trial in this courtroom.
Young says he doesn't recall taking an y race-car drivers and owners where he paid cash for stuff. Young says he took drivers to the Platinum Club. Mr. Dean calls the Platinum Club "one of those hoochie-coochie places."
Young agrees and says,"And yessir your client was there with me too. I paid for a limousine ride with your client and the ladies."
Mr. Baxley is questioning Mr. Young about Lowndes County. Young says a county commissioner from Lowndes County about a road that led to a black cemetery and the paving had been stopped at the white houses and did not continue it to the black houses. Young says he called Roberts and Roberts got the road finished properly.
Mr. Kilborn says there were two bankruptcies in 1992. August and September of 1992, two business. There was a personal bankruptcy in 1995.
Mr. Kilborn says NAFTA was implemented on January 1, 1994. Kilborn is asking basically how NAFTA impacted Young's business bankruptcies when NAFTA was implemented on January 1, 1994.
Young keeps arguing NAFTA caused the decline of the textile industry. Young says before NAFTA was implemented changes were already beginning.
Young says he doesn't know if any American workers were involved in making the t-shirt.
Young is looking at a t-shirt dated September 4, 1995 (event date).
Kilborn is asking Young about Mr. Lynch from the Talladega Speedway. Young agrees Lynch and Siegelman became friends. Young says he's not aware of a relationship between Siegelman and Lynch before he took Siegelman to Talladega.
Mr. Young is asked about the 4-wheeler and the governor's son.
Young says he never had a conversation with customs. Young says he wasn't responsible for getting the t-shirts through customs.
Young says the then governor of Mississippi called Talladega to get credentials and Talladega told his office to get with Young. Mr. Kilborn says "Two governors couldn't do it, but you could?"
Mr. Kilborn alleges Mr. Young cashed checks for cash to give the money to Young's girlfriend and keep the payments away from Young's wife. Young does not agree with that.
Mr. Feaga is asking questions again. Something about NAFTA and 1992. We could not hear the question.
Mr. Young is allowed to step down.
The judge reads his charge to the jury basically that the jury should not tie Mr. Scrushy in to anything said by Mr. Young concerning the other defendants.
The prosecution calls Tim Burgess to the stand. Mr. Burgess resides in Cherokee County and serves as the Cherokee County administrator. Burgess says he handles financial matters, custodian of records and budget matters.
Burgess prepares minutes of commission meetings. Burgess says any action the commission is working on are contained in the meeting. Burgess says there are no commission reporters but there are tape recordings of the meetings and they are prepared on computer and placed in a minute book, which is kept in the commission office.
Burgess says the meetings are approved at the next commission meeting. Burgess says he was asked to bring documents. Burgess says he has certified copies of commission meetings.
There are questions about exhibits.
The date of one of the exhibits is 04/13/98, another 12/01/98/, still another dated 12/01/98.
Mr. Burgess is looking at a Cherokee County resolution passed on 04/13/98.
Mr. Burgess agrees another document is also a resolution. Burgess is asked to look at minutes of the Cherokee County Commission dated 04/13/98.
Mr. Fitzpatrick is asked to move things along by Judge Fuller.
Burgess reads from document about the landfill. "Motion passed 4-0."
Burgess is not testifying on specifics contained in the minutes.
Mr. Burgess is asked about another document which deals with a contract modification to the "Three Corners" landfill. The motion passed 4-0.
Mr. Deen will now question the witness. Mr. Deen asks Mr. Burgess if he was asked to bring all the documents related to the landfill issue or selected documents. Burgess says he was asked to bring selected documents.
Mr. Burgess agrees there may be a document back at his office about a public hearing on the landfill. He says he was not asked to bring those records.
Mr. Baxley asks Burgess when he first came to Montgomery for this. Mr. Burgess says he came May 2, yesterday, and today.
Mr. Burgess says he spent the night in the hotel and the government paid for that. Burgess says he's not sure about whether the government is paying for his meals.
The judge gavels hard and is upset about some interaction between attorneys related to hotel bills.
The judge is reading some more instructions to the jury. He instructs the commission meetings just talked about should not be used against Scrushy or Roberts.
Phillip Jordan will be the next government witness. There will be a sidebar now.
The judge says, "The hay is in the barn." Looks like we'll be moving on shortly. Monday will start at 8 a.m. Monday.