Testimony by intimidation

By By Bob Martin, The Alabama Scene
Federal prosecutors have asked a judge to delay sentencing former two-year college Chancellor Roy Johnson because they believe he has more information that could yield new indictments stemming from the investigation into corruption in the two-year college system.
Johnson has been cooperating with the government since he pleaded guilty over a year ago. He testified in the case against former State Sen. E.B. McClain that led to a conviction in January and he is slated to testify in the second trial of state Rep. Sue Schmitz, ongoing this week in a federal courtroom in Decatur.
The government is expected to recommend that Johnson get consideration at sentencing for his help. He was to be sentenced this month, but prosecutors say they won’t be able to judge Johnson’s level of assistance until the investigation winds down.
At the time of Johnson’s guilty plea U. S. Attorney Alice Martin said that Johnson would normally face up to life in prison but that her office would request a lesser sentence in exchange for Johnson’s cooperation in the corruption investigation of the state’s two year system. How many years will that take?
I have no urgent urge to see Johnson placed in the slammer immediately, but I do have a problem with the tactic of prosecutors holding a hammer over the head of a witness to produce what I call “testimony by intimidation.” Johnson or anyone else in such a situation will likely say anything to remain free another week or month with the added hope that the prosecutors will recommend, and the judge will give, a lighter sentence.
Prosecutors must think jurors are totally lacking in brain power. Johnson or anyone else in his situation takes the stand with a huge sign around their neck that says: “I’m here saying what the prosecutors told me to say and if I say it to their satisfaction I may get sent to the Red Eagle Honor Farm instead of Holman; could be awarded an early ‘Get out of Jail pass’ and if this investigation keeps going stay free for another several years.”
I have often thought that most sensible jurors do not find such testimony credible and that it harms rather than helps the prosecution of a case. Judges should, I think, reject requests for lengthy delays in the sentencing of convicted criminals unless their testimony is in the interest of national security.
New Blue Dogs excoriated by AEA leaders
Two leaders of the Alabama Democratic Party are unhappy that new Congressmen Parker Griffith of Huntsville and Bobby Bright of Montgomery who voted with Republicans in opposition to the economic stimulus package, which could help shore up the school budgets and highway construction in the state. Paul Hubbert, head of the AEA said they “turned their backs on thousands of hardworking educators.”
And Joe Reed, AEA’s second in command says he was also “absolutely surprised” that they both voted against the Lilly Ledbetter Fair Pay Act, when it was an Alabama woman who brought the issue of equal pay for women to the national stage.
However, Joe Turnham, the party chairman, said while the congressmen’s two votes did bother some Democrats, party members should remember that both men represent districts closely divided between Democrats and Republicans. “We’re glad they are where they are, and we are going to judge them on their whole body of work, not just their first 30 days in office,” he said.
It was really an easy vote for both Griffith and Bright. They knew this legislation would pass with or without their votes and opted to shore up the more conservative elements of both political parties in their districts. Pretty smart vote I thought.
Event sponsors get bailout funds
Two of the top corporate sponsors of annual sporting events in Alabama have been recipients of government rescue money from the Troubled Asset Relief Program (TARP) slush fund.
Regions Financial Corp., which sponsors the Regions Charity Classic at the Ross Bridge Robert Trent Jones golf course in Hoover and General Motors Acceptance Corporation, sponsor of the GMAC Bowl in Mobile, both received TARP funds and are under contract to sponsor the events for another year. Regions received $3.5 billion of the first-round TARP funds, the largest amount for an Alabama bank. GMAC got $6 billion.
Perhaps since the TARP funds were distributed to Regions and GMAC by the previous administration, these events should be renamed “The Cheney Charity Crap Shoot Classic” and “The Bush Bailout Bowl.” When the next $350 billion is distributed to the failing financial institutions, we can appropriately rename some other events and stadiums.
Bob Martin is editor and publisher of The Montgomery Independent. E-mail him at: bob@montgomeryindependent.com