Pete Kott Trial Day 11 - PM Break

Defense asked Pete Kott about 6 or 7 issues to get him to explain his side of these. I left my notebook with those in the court. These were things like
1. Did you receive a check for $5000 from Allen for a car payment? (It was a loan)
and other open issues.

Then he was done and Prosecutor Goeke began a strong attack. He's asserting things that Kott has supposedly done and why he's done them, often forgetting to make them questions. The defense has objected several times and asked for Goeke to stop yelling at his client and to ask civilly.

Goeke apologizes and asks one polite question and slowly gets back into his attack mode. Basically he's tearing into the long testimony about the votes and what they mean. He's trying to show that Kott actually was working to kill the vote on PPT and that his very last vote as a legislator was actually a no vote which he changed after the vote when he saw that the bill was passed by a lopsided margin.


Below are very notes, typed as they spoke. Goeke is speaking very fast as is Kott. So take these as an approximation of what is being said. I've tried to put PK and G on the left to show who is talking, but there are times when they get mixed together. Though given how Goeke "asked" questions, they were often mixed together. Sorry about the typos. This is time over complete accuracy.

Cross Exam. 2:10 PM

Goeke: A couple questions about procedures in the house. When vote taken in the house, reflected on a tally sheet. Board with red and green lights, you can see. Cutomary for speaker, when voitng is close. Customary for speaker to ask to change their vote. Then new change is recorded in record in the house and reflected that it was changed. Your testimony was you voted for 22.5 because that was a compromise you wanted, everyone had hashed out their positions. This was fair and equitable, splitting the baby and very one was going to go for it right?
PK: I was 20/20 person, at some point you have to throw in tile and compromise.
G: Lets look at last hours of the session.. Exhibt 134. AK House 3rd Special Session. rEcords a particular vote. Date:8/10/06 15:40pm Recognize that sheet? Farily described it. This sheet refelcts SBS 3??? concur. Vote on concurrence of final PPT in the final session?
PK: No, I believe this is a..we need to go to the journal..
Goeke: OK, let’s go to journal
PK: I say this because it is a vote on the issue of concurrence, but not the final vote.
G: Reflects vote on concurance 3:40 pm it failed. You voted no to concurrance?
PK: correct
G: If vote doesn’t concur, then the bill’s dead?
PK: What it says.
G: Voting for concurrence on house bill 3001. If the house agreed to concur, the PPT rate would have been 22.5.. Correct. And you voted no? correct.
G: Keep looking. It’s got a vote tab. 20 y 19 n one excused. Moses. Correct
If you switched your vote, it would be done.
Recognize this exhibit? Another sheet about a vote, a few hours later 21:11:09. That says, HB 3001 concur. Vote to rescind action failure to concur that happened at 3:40pm
With regard to before, 225 was what you wanted. 135 is a motion to rescind previous action. The effect of this vote is to rescind the failure to concur and allow another vote on 3001. You testified, and moses is back. And you vote Nay. You don’t want to rescind the failure to concur. 9:11pm August 6.
25Y 15N motion to rescind is passed. Another vote on should we concur with the senate and if we do, we’ll go to 22.5.
3 minutes later there is a vote on concurrence. Do you recall?
PK: NO
G: You don’t recall the final vote of your legislative career?
PK: I probably voted for the bill.
G: Gexihibit 136. Aug. 10, 2006 9:13pm says concurrence vote on HB 3001. About two minutes after rescind vote carried. Do you see how you voted on that motion?
PK: It appears I voted yes.
G: End of legislature and end of your career. It reflects that you changed your vote from yeah to nay.
PK: At the end of the day, you changed from yeah to nay. After voting was closed.
But before the final tally was cast. You voted yeah, after the tally.
Objections
Sustained
If you wanted to vote yest at 3:40pm. It would have been done.
PK: It might have been changed.
G: If you had voted yes you would have had 22.5.
PK: NO, because we would have had a reconsideration and had it before us again.
G: Wouldn’t it have been 20-19. No, it would have been 21-19. It would have been 21-18. It would have passed. It would have passed.
PK and there would probably be a reconsideration vote.
G: You had a swing vote at 3:40pm, you vote not to concur. They had to fly in a sick man, you vote.
J: What the lawyers say is not evidence.
G: Isn’t it true Mr. Kott, if you had voted to concur at 3:40pm, we would have had 22.5.
PK: correct
G: If you wanted 22.5 you could have voted on the motion to rescind, so could have voted for 22.5. If you wanted 22.5, why vote to rescind concur.
PK: 22.5 was not where I ultimately wnated to get to. At this point there was still hope to get compromise. I didn’t want to see vote on issue of this magnitude to go down in history passed by 1 vote. I wanted it to have a wider margin.
G: You voted to no on the final vote. Didn’t you vote no in the final vote?
PK: I’m looking at the change from nay to yeah. Did you hit the button for no the first time you had the opportunity?
Appears I did
G: You changed it so the writing was on the wall. It was good you did it for the jury.
Objection: there was no jury then
Sustained
G: Isn’t it true you changed your vote after the voting was closed, after you saw the final vote tally on HB 3001 at 9:13, when it was 23-17, you hit no and changed your vote to yeah.


Hectic time period May 7 and 8. When you and BW called RS. You made it clear to RS that you were at a rate higher than 20/20.
PK. both BW and I conveyed on May 8 2006 at about ??pm.
G: Later you went to 604 as was your custom. When you’re up there you have no idea the FBI is recording that conversatio. So when you told RS you 1pm, you were going to go up from 20/20 that wasn’t true was it?
PK: it was true
G: Recall later in the room, do you recall those conversations. Going to play a tape.
May 8 06 Ex 30 5:05
I don’t want to jeopardize the gas line, I’ll stay on 20, xyz on 20.
Who’s on the screen?
PK: that was BA
PK You are speculating on my motives. These are good friends of mine. I’m going to tell them what they want to hear.
You’re lying to them
I think my votes speak for themselves
G: I agree, but i think for different reasons


Mr. Berkowitz
G: You shared a common objective, for different reasons. He wanted a higher tax rate. YOU told the jury you wanted to kill the bill because you told BA you wanted to stay at 20/20
PK: He wanted to kill it I wanted to see 20/20, but it didn’t get there.
G: At that time 22.5 was too high
PK; Yes, there’s a process of elimination
G: You thought the senate locked in, infliexible at 22.5
PK That’s what I believed. So I thought, but they were locked in 10-10
G: You say you supported 21.5 at that time, but in the closing hours it would kill that bill. There was no time for a conference bill. Isn’t it true you heard Dr. Thomas that at the end of the regular session any business not done dies.
The session is about to end on May 9.
Correct
G:
PK: That appeare to be their position because they never responded. When sent to the Senate there were several hours left in the session. Sat on Presidents desk for several hours.
G: Your opinion there was time
PK Absolutely
G: But the bill died.
PK: Wasn’t the house fault
G: You had an opportunity earlier to vote 22.5, it would have passed.

June vote. Special session in the middle of June.
G: You told the jury you were at 21.5 or 21.7 in mid June, but not true?
PK> No it was at 20/20 again
G: Where were you at end of session in June,
PK JUneau
G: Your position
PK I do’t know
Video: Fuck you, fuck all those guys. Let’s all go fuck them June 8, 06 11:48 pm
PK At that time my official position is the vote cast on the board. That is the only position recorded for the annals of history.
G: You had no idea of video. that’s a pretty good window into your position with Veco. Consistent with your position all along in the spring, summer.
You talked about what to do with legislators who don’t go along with 20/20
You want to help, you are 20/20 guys.
Wendt: The witness said he didn’t not recall, provide him with a transcript
Judge: Frame the question as you will
G: We could play the clip again
J: We saw it once, that is enough.