Don't Google in long sentences - actually this was an AOL search:
was george washington an average military tactician and a bad speller
I don't know how this search item got to my blog, but I have nothing whatsover on those topics. But I'm sure most of the words hit something (do I have tactician? Don't know.) If you're looking for a longish phrase, put it in quotes.
Saturday, November 03, 2007
Friday, November 02, 2007
Buddhist Influence on my Views of Anger
Harpboyak left a comment early this morning on my post suggesting my reaction to Aaron Selbig's righteous lack of compassion for Kohring was not the ideal path:
I guess the three years I lived in Thailand rubbed off on me. Buddhists take a very different view of anger. They see it as weakness, as losing control of oneself. They get embarrassed for you if you lose your temper. I know this is hard for Americans to understand, but I found this story on a site on Buddhism that might help explain my view on this. The link goes to the site which has a lot more on the topic of anger.
But what about righteous anger? The site has something on that too (though probably not as powerful as the story.)
In Aaron's case, the anger was multiplied by broadcasting it over the airwaves. I just was expressing my disappointment that this alternative radio station, in essence, wasn't so alternative. As the quote above says, "anger and aggression give rise to anger and aggression."
He's just doing what his opponents do with a different spin. But he continues the cycle.
Rev. Koun Franz of the Anchorage Zen Community
impressed me at the discussion after the reading of the War Prayer.
Of course, it isn't this simple. We also get this advice
Gimme a break! Vic is a CRIMINAL who refuses to recognize the reality of his behavior. I agree that he needs rehabilitation, but it won't happen until he admits that what he did was WRONG.
Aaron, me, and everyone else is damned right to be angry and demand retribution from these criminals that violated the public trust and their oaths of office. They gave alway BILLIONS of our oil money to the oil companies!
I guess the three years I lived in Thailand rubbed off on me. Buddhists take a very different view of anger. They see it as weakness, as losing control of oneself. They get embarrassed for you if you lose your temper. I know this is hard for Americans to understand, but I found this story on a site on Buddhism that might help explain my view on this. The link goes to the site which has a lot more on the topic of anger.A BAG OF NAILS
Once upon a time there was a little boy with a bad temper. His father gave him a bag of nails and told him that every time he lost his temper, he should hammer a nail in the fence. The first day the boy had driven 37 nails into the fence. But gradually, the number of daily nails dwindled down. He discovered it was easier to hold his temper than to drive those nails into the fence.
Finally the first day came when the boy didn't lose his temper at all. He proudly told his father about it and the father suggested that the boy now pull out one nail for each day that he was able to hold his temper. The days passed and the young boy was finally able to tell his father that all the nails were gone. The father took his son by the hand and led him to the fence.
"You have done well, my son, but look at the holes in the fence. The fence will never be the same. When you say things in anger, they leave a scar just like this one. You can put a knife in a man and draw it out, it won't matter how many times you say 'I'm sorry', the wound is still there."
But what about righteous anger? The site has something on that too (though probably not as powerful as the story.)
As His Holiness the Dalai Lama mentioned:"When reason ends, then anger begins.
Therefore, anger is a sign of weakness."Is anger or hatred ever justified? A direct answer from Allan Wallace in 'Tibetan Buddhism from the Ground up':"'Righteous hatred' is in the same category as 'righteous cancer'or 'righteous tuberculosis'. All of them are absurd concepts.This does not mean that one should never take action against aggression or injustice! Instead, one should try to develop an inner calmness and insight to deal with these situations in an appropriate way. We all know that anger and aggression give rise to anger and aggression. One could say that there are three ways to get rid of anger: kill the opponent, kill yourself or kill the anger - which one makes most sense to you?"
Buddhism doesn't have rules in the Western sense. Rather it has teachings that show people how to live a life that will, eventually, lead one to perfection that releases one from the cycle of rebirth, and to nirvana. It is up to the individual to adopt those teachings or not, because it is the individual's life that is affected.
In Aaron's case, the anger was multiplied by broadcasting it over the airwaves. I just was expressing my disappointment that this alternative radio station, in essence, wasn't so alternative. As the quote above says, "anger and aggression give rise to anger and aggression."
He's just doing what his opponents do with a different spin. But he continues the cycle.
Rev. Koun Franz of the Anchorage Zen Community
impressed me at the discussion after the reading of the War Prayer.
The comment that was most enlightening to me was from Rev Koun Franz in response to what a good Buddhist would do if he saw someone violently assaulting another. It would be ok to intervene, he said, if you did it for the right reason, which would be to help both people. If you intervened from moral superiority to punish the aggressor you would cause a short term benefit, but you would be perpetuating what the aggressor was doing. This helps me understand a story I heard the other day about a survivor of the Mi Lai massacre during the Vietnam war. Asked today what she thought about Americans coming to Mi Lai today, she said she was glad they came. What if it was one of the people who killed her family? That would be even better, because then I could forgive them.
Of course, it isn't this simple. We also get this advice
The late Tibetan teacher Chogyam Tryungpa Rinpoche often taught that five kleshas (in the Tibetan tradition, they are greed, hatred, delusion, pride, and jealousy) are in essence five wisdoms. The wisdom side of anger, for example, is discriminating awareness.
How can this be? Anger makes us sharp and quick to criticize, but anger also helps us see what's wrong. Our feelings and emotions are actually serving like intelligence agents, bringing in news from the field of our experience. We should not dismiss, ignore, or repress them.
Thursday, November 01, 2007
Let he who is without sin, cast the first stone.
The audio is bad, but the video gives a sense of the rush of the media get their story and Browne's love of playing them.
Driving home from the courthouse I heard Aaron Selbig on KUDO saying things like, "I'm sorry, but I have no sympathy whatsoever for Kohring. He violated the public trust, his constituents..." Aaron's not the only one.
Kohring sold out his constituents and the people of Alaska. I have no tolerance for what he did. But he is also a human being. I was sorry to hear Aaron's retributive ranting. I understand the righteous outrage he feels. But Kohring has been tried and convicted and will go to prison. Save that anger for the people who are still out there violating the public trust. Go after them. As I get older, I know that the total lack of compassion Aaron expressed simply perpetuates the win/lose, the us/them mentality that keeps us stagnant as a society. So, if Aaron gets his way, we'll have 'us versus them' Democrats doing the same thing in the state legislature? No doubt retribution is a natural instinct. But as we grow up we learn to positively channel those instincts that still survive in our amygdalas.
I was hoping KUDO would offer an alternative to testosterone radio mired in playground behavior and ideas. Retributive justice as we practice it in the US has gotten our prison population up to 2.24 million people. People that we pay to house and feed. People who aren't contributing to society, aren't working to help restore their victims. What's wrong with our society that we have such a relatively high percentage of our population in prison? KUDO should be asking these bigger questions and exploring alternatives like restorative justice. We should be figuring out why people have taken this path, how to divert people starting on that path, and how to help the Kohrings learn to give instead of only to take. Selbig wasn't modeling the kind of behavior we'd like Kohring to have. And, yes I realize that there are some people who will never be rehabilitated and we have to find ways to keep them from harming others. There are psychopaths out there. But they didn't choose to be born without a conscience any more than the rest of us chose to have that part of our brain functioning.
Having sympathy for a human being who is hurt does NOT mean one excuses that person for the wrongs he has committed,. Instead of lashing out at him for our own faults we may see in him, or because we can't deal with people like him who directly affect our own lives, or whatever reasons, it seems more practical and decent to recognize that we too are fallible; that we should deal with the Kohrings who directly affect us. Not through safely beating up on already injured person, but by taking more control of our own lives. Aaron use those stones to build something not to pick on a man who is already down.
Driving home from the courthouse I heard Aaron Selbig on KUDO saying things like, "I'm sorry, but I have no sympathy whatsoever for Kohring. He violated the public trust, his constituents..." Aaron's not the only one.
Kohring sold out his constituents and the people of Alaska. I have no tolerance for what he did. But he is also a human being. I was sorry to hear Aaron's retributive ranting. I understand the righteous outrage he feels. But Kohring has been tried and convicted and will go to prison. Save that anger for the people who are still out there violating the public trust. Go after them. As I get older, I know that the total lack of compassion Aaron expressed simply perpetuates the win/lose, the us/them mentality that keeps us stagnant as a society. So, if Aaron gets his way, we'll have 'us versus them' Democrats doing the same thing in the state legislature? No doubt retribution is a natural instinct. But as we grow up we learn to positively channel those instincts that still survive in our amygdalas.
I was hoping KUDO would offer an alternative to testosterone radio mired in playground behavior and ideas. Retributive justice as we practice it in the US has gotten our prison population up to 2.24 million people. People that we pay to house and feed. People who aren't contributing to society, aren't working to help restore their victims. What's wrong with our society that we have such a relatively high percentage of our population in prison? KUDO should be asking these bigger questions and exploring alternatives like restorative justice. We should be figuring out why people have taken this path, how to divert people starting on that path, and how to help the Kohrings learn to give instead of only to take. Selbig wasn't modeling the kind of behavior we'd like Kohring to have. And, yes I realize that there are some people who will never be rehabilitated and we have to find ways to keep them from harming others. There are psychopaths out there. But they didn't choose to be born without a conscience any more than the rest of us chose to have that part of our brain functioning.
Having sympathy for a human being who is hurt does NOT mean one excuses that person for the wrongs he has committed,. Instead of lashing out at him for our own faults we may see in him, or because we can't deal with people like him who directly affect our own lives, or whatever reasons, it seems more practical and decent to recognize that we too are fallible; that we should deal with the Kohrings who directly affect us. Not through safely beating up on already injured person, but by taking more control of our own lives. Aaron use those stones to build something not to pick on a man who is already down.
Kohring Jury Says Guilty Three Times out of Four
In case you haven't heard, the jury found Vic Kohring guilty of three counts - bribery, conspiracy, and attempted extortion - and not guilty of extortion about 1:30pm today.
The media crowd around Kohring (left) and his attorney John Henry Browne. Kohring thanked people and apologized. It was hard to hear - he speaks softly and there was lots of noise.
The media were waiting in the Federal building waiting for Kohring and his attorney to come through the security for the District Court part of the building (no cameras allowed through the security.)
Here they are clustered around the security exit.
The media crowd around Kohring (left) and his attorney John Henry Browne. Kohring thanked people and apologized. It was hard to hear - he speaks softly and there was lots of noise. 
The media were waiting in the Federal building waiting for Kohring and his attorney to come through the security for the District Court part of the building (no cameras allowed through the security.)
Here they are clustered around the security exit.
Wednesday, October 31, 2007
Kohring Trial - Leftovers
This comment was left on an earlier post from Anonymous:
Steve-- what did you think of the story on Musser? Is he as pathetic as he seems? What a painful article to have written about oneself. I would shoot myself if I was like he is portrayed! Kyle Hopkins ADN Blog
He sounds like my ex husband of 16 years ago, "Ever since you left me my life has become an eddiface to what I am not! boo-hoo."
Well I was nearby in the cafeteria when Musser started talking to Kyle and Lisa. This is a picture of them while Kyle was live blogging the post you linked to.
Read the very end of my earlier my earlier post on what the jury needs to know. We all have to take responsibility. It's really easy to make snap judgments about people. The Government subpoenaed Musser and flew him up, he said, but in the end he didn't get called to testify. Because they weren't sure what kind of witness he'd be? Because they figured they didn't need him? Who knows? But whistle blowers tend to get creamed if they haven't planned it out carefully. He violated the rule about hanging dirty laundry in public. He outed a Republican legislator who committed numerous campaign finance violations. He said he tried to work out some other way to end what was going on. She was having serious domestic problems and she needed help, he said. Finally he went to the APOC. He also violated the norms against outing your boss. While, he never said Kohring 'fired' him, he said he was put on leave without pay until the Masek matter was settled. But he could never get in contact with Kohring again. He said his calls weren't answered, etc. He's living in Houston (Texas, not Alaska). He said someone at an oil company told him the word was he couldn't be trusted (he'd ratted on his boss, on a fellow Republican is how I understood that.) So, when your whole network blackballs you, it's hard. Not only can't you get a job through your network, he probably has trouble getting letters of recommendation. They want people to remember what happens when you break the code. This is hardball. This is like an inside guy having the tape going when everyone is relaxed and letting their hair down. Can't have that guy working here, we can never trust him.
Look at who is still chair of the Republican party in Alaska:
He's got to give up his old life and start over where no one knows who he is. That's not easy.
If you read articles and books on whistleblowing, this is not unusual. People are blackballed and even actively sabotaged when they apply for jobs.
Were his motives pure when he filed his complaint? I don't know. I asked him, why with so many people aware of what was going on, only he blew the whistle. He said he had a reason, but he wouldn't talk about it until after the verdict.
Just because there might be a characteristic or two similar to your ex-husband's, doesn't mean the rest is the same. It could be, but I prefer to fill in the missing pieces before I come to a conclusion. After all, Musser did report a sitting legislator to the APOC and she was found to have violated the rules. And for that he lost his job and was blackballed.
Maybe we should be thinking, not of Anderson, Kott, Kohring, but of Masek, Anderson, Kott, and Kohring. Then Musser would have been the first to stand up against corruption. But he always has to live with the behind the back innuendo and suspicion - was he just taken revenge for some slight?
I would say that when he did this he was either incredibly brave or incredibly naive - or maybe both.
Kohring Trial Day 7 - Closing Arguments
Sullivan made the prosecution's closing statement. He put all the facts into order and connected them to the charges. It was a strong logical case for guilty. He still needs to work on making these arguments sound like a story he is telling from his heart, not a speech he's working hard to remember and say in order. When he said, "They knew, they had a secret..." and went up to the jury as if he were telling them a secret, it seemed pretty staged. But he did put the argument together in a convincing way.
Browne spent the next hour talking about the duty of jurors, about the burden of proof and beyond a reasonable doubt ('bard' in my notes), what a " blasphemous, rude, arrogant, grandiose, intoxicated, and obsessed with power" lout Bill Allen is and used the question he tried out on reporter Lisa Demer yesterday in the federal building lobby interview you can see in the video I posted yesterday - "Would you make a critical decision in your life, based on BA’s testimony?"
He did talk about the facts of the case. He didn't make his own case. It was more like the prosecutor had set up a chess board and pieces representing the argument. Rather than critiquing how the board was set, he moved pieces around, knocked others over, dropped sand over here, added rocks, and poured syrup over the whole thing - not so much countering the prosecution's argument as totally obfuscating it. It was as if maybe he could sow enough doubt here and there, confuse the jurors about this point and that one, move the pieces around so they wouldn't be able to follow the original argument set out by the government. If he messed with things enough they wouldn't be able to find his client guilty beyond a reasonable doubt. And Sullivan stood up to object twice, and the judge sustained the objections twice.
Then Bottini got up and lit into Browne's closing, talking fluently without apparent notes, just going point after point to rebut all that Browne said. It sounded sincere, just a little exasperated at the defense attorney's allegations, and sure of his facts and conclusions.
Below are my typed notes from the trial. As usual, they are just what I could catch with my increasingly stubborn fingers. I've run the spell check, but not made any other changes. So take this with a a great deal of skepticism. This is a sketch, not a full color account. There is a lot missing, but it should give you sense of what was said.
Sullivan - to whom much is entrusted, much
VK broke this trust, he received money and other financial benefits from BA, Veco, for agreeing to perform and actually performing official acts.
….
First, the evidence
Gasline and ppt. starting point.
1. Veco view - pipeline was goose that laid golden egg.
2. Veco first had to get ppt bill passed before getting the pipeline. For every 1% increase in ppt, tens of millions of profits for oil companies
3. Veco supported the 20/20 tax rate because that’s what their clients wanted - the oil producers. They had to produce the 20%
How produce with VK? BA and RS said they went to legislature to get ppt passed. They used VK and PK. Every vote counted. Had concerns with VK.
1. K upset because ppt bill not sent to his committee. Remember sb 185 because the bill was hijacked? They have to get him to support ppt.
2. VK is anti tax. Clients agreed to 20%, but VK so extreme anti tax, that he might muck up the process. Don’t want him to offer lower taxes.
….
Phone call RS & VK I understand your tax position, but this is not the time to go crazy, not the time to go whacko.
Audio - of the phone call - don’t you dare take this opportunity to go crazy
VK I know in politics there is a lot of give and take, I would reluctantly go along if you and the producers are amenable. Feb 22
He didn’t say: I can’t do that, I can’t vote for tax increase. He says, I’ll reluctantly go along. I don’t want to screw you guys over nothing
Also talked about dinner with the three of them. Go to island pub in Douglas BA said he gave $1000 to VK, he knew VK was upset about committee assignment, wanted to get VK on the team. RS sensed this, and he got up and left while he did this. BA and RS were like a married couple, he knew what he would do. He’d done it in the past - given $.
Conversation when they didn’t know we were listening.
March 4 Video: That’s why I left you alone. I knew you did.
Allen doesn’t tell smith he gave him $1000 as a gift, or to his friend, but he gave it so he would kiss our ass. Is there anything else I need to say about the relation between Veco and VK? It’s all about getting the ppt.
About the relationships. BA and RS took VK out when it served there purposes. There was no deep bond because of Russia. REd carpet list had Allen and Smith listed as supporters, not as friends. … the only thing VK came to the party with was his legislative hat. You heard times when VK was trying to milk the lobbyists, a free meal. He knows BA has deep pockets, one of the largest corp in AK. He was playing Allen too. How would BA act if he knew that VK was making $100,000? He couldn’t tell them that, it would stop the money train. ************
They knew, they had a secret, [leaned over and almost whispers to the jury….[
March 20 audio tape. He said I’ll be there for the vote. Talking to PK If it’s needed he said he’d be there.
...He’s not representing the interests of his voters in Wasilla. He’s working for Veco.
$1000 from BA, asking job for nephew. How many times VK initiated phone calls, Hey Rick, this is Vic. Lobbying other legislator Bert Ste?? , offering amendments, modify a bill for BA and RS, lobbying colleagues, advocating good things for Veco, acting as an info source. He will pass along info from BA to others, talking on radio and tv. He actually did them.
What is official act? some think, “he votes a certain way.” It’s much broader. It could also be anything wearing his leg hat. Also agreeing not to stall a bill, not to do something.
March 30 call. Serious matter to talk to BA and RS. What did BA think? He’s coming back for money. He actually took a wad of money out of his wallet and into his pocket.
Why is VK there in the first place. It’s the middle of the session, going to head of Veco, who has the most important leg of the session and for Veco's history. They’re loyal leg is in trouble politically. Asks for their rec. to help him answer his financial problem. He’s fishing. Why going to them? Why not go to friends? Why not Mark Marlow who employed him. If he could afford $500 a month, why not go to the bank? He knows BA is is biggest financial backer, he might just give him the money. He’s already been offered a job. In VK’s words, he was just there trying to solve a problem.
What get’s decided? Nothing. ONly that it is discreet, that he’s careful, that there are ‘no red flags.’ This can’t get out into the public. BA said he tried to fix the problem, he went to his own FO to check. Said if he could have given the money he would have. But already in the newspaper about consulting contracts.
What happens immediately after he tells them about his debt? He gets two cash payments. Look at this picture [money hand off] - that’s not a loan, that’s a payoff. BA doesn’t care what he does with the money. He could buy a whole GS troop. He’s been in this hotel suite all session, just to get ppt passed.
If this is a gift, where is the gift disclosure form with ethics committee? Joyce Anderson told us he was a frequent flyer at the committee. He knows the rules. The reason why this gift doesn’t relate to his legislative status.
What can I do to help you guys? Are you close to..? Stoltz, moderately so, can you gt him. I’m not real close to Bill, close to Meyers…… Vidoe tape March 30 Who’s on finance? Holmes? I know him well. He’s unpredictable. Kelly’s probably with us. Great relationship with Richard Foster….. [Talking about various legislators ] tell us what they are thinking about. tell us where they’re at, push them into our column.
First I’ll find out where they are at, then I’ll try to move them over. I know that’s really important to you. My position is anti tax, but I understand this is an intregal part of the whole deal here. …..
Folks, they’re talking about legislators who are on the fence, on key committees, the Finance Committee. He’s working for Veco….What does he do, after the payment, after waiting to hear what happens with his nephew. Lots of phone calls reporting what he’s doing, calling Meyers
Next day phone call audio: Pam has scheduled meetings for me to tell them to pass the gov’s bill as close as possible.
The same day 3/31 - I’m falling through on the plan. Let you know I’m doing what I can. I will do the best I can to lobby for the bill, to meet all the finance committee members.
Not a coincidence that the day after they met in the suite, that he is following through with the plan. One thing - about his votes on ppt.
Browne said he never voted on ppt. He’s trying to confuse you, BA wanted to keep it at 20%. There were attempts to take it above 20% and VK voted no. They wanted him to vote no. Veco didn’t want 22%. Oil producers didn’t want 22%. VK voted consistent with what they wanted.
amendment to an amendment. Sometimes such amendments did pass, took it to higher rate. Votes were intended to defeat the higher rate - voted yes to get the rate down. When Mr. Browne tells you VK didn’t vote for ppt, keep that in mind.
Let’s talk about the end of the first special session. 22%. A few hours left. you see PK RS and BA. How do we stop this? Have BA take VK out of town. You heard the call.
They meet at McDonald. The plan changes after they talk to VK (PK?) BA says, on the way back, near the liquor store, BA takes out a wad of cash and gives it to VK. Listen when the take out the hamburgers.
PK: [talking about procedures if you left you’d be in trouble]
BA: I wouldn’t a done that to you
VK: I would have done what you requested
That says it all. I would have taken a big political hit for you uncle bill. At this point, if BA had told VK to jump, he would have said, how high?
Aaron K. seems like a good kid, but he got the job because they wanted to keep VK happy. They are concerned because he is upset about the committee assignment. At dinner, VK says aaron looking for job. RS says, Veco has internships. A month goes by. Nothing about internship. VK brings it up. They say, We need a resume. VK takes the resume. RS takes the resume. Writes a note for BA - I think I’ve got a winner here, he’s VK’s nephew. RS had never met Aaron at that time. When they see it’s from BA they’re going to hire the kid. And that’s what Ms. McDonald said yesterday. He was hired
In two short months he made $3200, making $16/hour. He’s a good kid, had a great summer.
Periodioc cash payments from BA starting in 2002. Occurred in VK’s leg office in Juneau. RS corroborated, because BA told him after the fact. He did it for two purposes, 50/50 He did feel sorry. He didn’t know he was making $100K. But he also wanted to keep him loyal. It was an insurance policy.
Cook Inlet Oil - 2003 - BA asked K to take an official act to move the bill out of his committee because VK was stalling it. No question that he thought the bill had been hijacked - memo from his office - video with Prewitt. Allen Smith told you to kick the bill and he did and it got passed.
Eric Musser. No dispute that BA give VK an earful because of EM’s complaint about Bev Masek. BA upset because one of his loyal supporters was being attacked. VK tried to get the complaint withdrawn. The fact is that the complaint doesn’t get withdrawn, but Eric Musser does.
Lyda Green. BA told VK twice not to run against LG.
Folks, I also want to talk to you about the charges, your role
Count 1: Conspiracy to commit certain crimes including bribery
C is an agreement between two or more people to commit a crime. Doesn’t have to be explicit, just agreed. It started when they started making cash payments. The evidence I covered proves he agreed to perform specific acts on behalf because of various payments. You heard about the linkage between the acts and payments. The fact that he actually carried out the acts, further proves the conspiracy
Count 2 Hobbes Act, only relates to officials
PO when he obtains money or other property in agreement to take some official action and it impacts interstate commerce.
1. Doesn’t matter if VK ever took an official act, but only that he agreed to do. We submit he did not
2. Not a defense to say I would have voted the same way, I wold have done the same things.
Proof side: No dispute. He was a public official. And interstate commerce affected. Dan Dickinson, BA and RS all showed oil companies are interstate.
He received several benefits - $1000 at pub, money near McDonalds, money in Suite, and job for Aaron K.
count 3: attempted violation of hobbes act
attempted because he didn’t actually get the money
same factors plus, VK took a substantial step toward getting the money. He took the step when he went into the room and solicited them for the money. Listen closely to that conversation and what was agreed to.
Count 4: Bribery in govt. entity receiving fed funds
$5000 or more - VK charged of taking bribes while an elected official in state of AK
not in dispute
pipeline well in excess of $5000
State received far in excess of $ in fed funding
VK did receive bribes i exchange for official acts
McDonald’s
Douglas
Suite
$17K
Job for Aaron
He violated the bond of public trust he had with his constituents. Based on all the evidence, I asked you on behalf of the US that you find VK guilty of all four charges in the indictment. Thank you very much. 9:50am
J: Mr. Browne
B: Mr. Browne has to go to the bathroom
10:05 break over
Browne; mike on. First, thank you, i’ve been watching you and you us paying attention to each other a lot, you’ve been taking notes, I appreciate the seriousness you have taken this. One of the most serious things you’ve done in your life. Your sworn oath that you would follow the law and that was your word. I will get back to that.
In the beginning a few things were disorganized because i was listening to what gov said and responded to. Same today.
Gov’s presentation persuasive if you ignore the burden of proof if you ignore
Object of persuasion is to persuade that your side is correct.
It is all right for a leg to vote for legislation supported by your supporters That is completely all right. Haliburton gives money to the Bush camp and expects attention from the Bush people. GM gives money to legislators to do things. Unions, teachers unions, give $ to legs and expect them to do things for them
Some suggestion here that that isn’t legal
We know BA Veco gave 8% of VK’s campaign funds, all reported, it’s ok.
A bribe, must be known as a bribe. And the govt must prove that to you beyond a reasonable doubt.
Gov has suggested in past and now, attempt to borrow a pickup truck that went no where was a bribe. The gov has to prove bard that was a bribe. BTW the pickup was never provided and MR. K said I’ll be happy to pay for, but it never happened anyway.
Money given for E egg incident, Mr. K knew bard that it was a bribe, not simply because Veco was a consistent supporter of his.
Mr. K has served the people of this community and state for 12 years, even after this was known he was reelected. Still going of notes from this morning. Comment about RS saying to Vic, Don’t you dare , that is strong language, I have a 16 year old boy, don’t you dare take the car out , that’s a pretty strong word, Mr. S used that term, don’t you dare use this as an opportunity to go whacko.
According to Mr. Smith, they already owned him. If the did, why threaten him that he shouldn’t go nuts. During all the transcripts, dvds, everyone in the courtroom hopes you’ll listent to them carefully, that nothing is taken out of context. You need to listen to those, to hear what is actually said.
You will hear that VK never asked for any money from BA and RS ever. He asked for a loan. In the charging docs, gov. told you they were going to prove that there was a request for Mr. K of a payment. That has completely fallen apart for the govt. No one an characterize that as a payment.
I believe Ms. Anderson said, VK had filed more requests than any other legislator, I could be wrong, follow your collective member, Ms. Anderson did not say he did not file reports. I think you need to rely on your memory and notes on that.
VK saying I will do this and lobby some of my constituents - that is all legal, nothing sinister. G. says my client mentions names, Meyers, where are those witnesses? It’s apparent to you how much resources the govt has? Have you ever been in a position when the gov is going after you? There is no bottom to those deep pockets. You saw FBI agents flown from all over to testify. $100s of thousands . Against me and him.
Why didn’t they, with all that money, have them here as witnesses. Reasonable doubt is based on a lot of things including the absence of evidence.
It seems odd that a person subject to these ramifications it seems odd that the person charged by the govt. doesn’t get the last word. When I’m done, Mr B will get up and say more. The reason is that the burden on the g is so heavy, that the people who founded this country, knew that proof bard is so strong that the govt. need two chances to rebut.
I will try to anticipate what he will say and rebut them in advance. What we say is not evidence. You need to review the evidence yourself.
I am waving the flag now. There are kids dying today in support of these principles. We believe in this system that’s why you are here. We believe in this system. Explaining to jurors, “What does not guilty mean?” It means: not proven. That, you aren’t saying mr. K is pure as the driven snow, that he didn’t use bad judgement here and there? But did the G prove the case beyond a reasonable doubt. The J said the presumption of innocent, in and of itself, is enough to say ‘not guilty.’ Not guilty means not proven, these people with all their resources haven’t proven their case.
When the judge told you at the beginning of the trial, that presumption of innocence is so important and you were sworn to.
Let me tell you what this case is not about:
Victor K. proving anything, he has no burden of proof whatsoever
Not about we, VK and I, have no burden to prove anything, and that’s how the people who wrote our Constitution meant it to be. If you’ve ever done battle with the govt. you know why. W
Not about prejudice against politicians. I think there are more politician jokes than lawyer jokes.
Not about ethical rules and regs internal in the legislature.
Not about legit contributions and fund raisers
Not about doing things for people that support you politically. If people support you politically and give you legit money, that is what you do as a politician.
Case not about assuming that a gift is a bribe, without an agreement o do something illegal. The gov attorneys say if the pol gets a gift it must be a bribe if they do anything to help. They say money was for a bribe and not what he would do in the normal course of supporting VECO.
How did we get here? It started with Prewitt who was in trouble with the law but wouldn’t admit. FP mentions that he has info about major political corruption in AK. And when the names came out, the FBI started drooling - ted stevens, ben st. DY, MR.Kott, TA, BW, VK. so the Govt threw out this big web and determined who was going to fall into the web.
But we see a big mistake was made by the gov. but they won’t admit mistake. I submit it was not until just before this trial, until gov. realized that VK didn’t vote for ppt. The case was a mistake it was falling apart, They allege it was a payment when it was a request for a loan. They said about pickup. The job for Aaron was a bribe. That’s ridiculous There case so weak, turn to that as the basis for the this case. Most people get a first job through connections. But the g is so desperate in this case that they say this was a bribe. That he knew and Aaron knew it was a bribe. When their case started falling apart they started adding things - BA gave him money since 2002, he fired Musser, he was going to run against Lyla until BA told him not to. It proves only he listens to one of his supporters.
I’m certainly not faulting the G in some of the investigations in this scandal. But let’s look at others
T stevens gets $100K for a house - thats not a summer job, an easter egg
B stevens got $250K
TA $25k I believe and a contract
PK Got $10K
That should be investigated vigorously. I asked T stevens if the work on t stevens house was a gift. He said no, it was a bribe.
Even if you believe Mr. Allen, we’re talking about money with VK that was less than it would cost to buy a plasma TV. Millions of Dollars to put him in that chair.
Compare that to BA admitting he bribed $400 K and were talking about easter eggs.
Objection:
Judge: Remember our earlier discussion, your getting close to the line
Mr. Prewitt is central casting for a sleazy lobbyist. Not only made a deal with the gov. even wanted to be paid. G. wired mr. Prewitt to entrap mr. K to entrap to admitting things he did wrong.
In the last video, Vic doesn’t look very good eating, none of us do. FP go through litany of what he was told to ask. Why don’t you ask Veco for a job? I know others have, maybe I will. What happened to Musser. Vic responds he did file a complaint and agreed Masek did things illegal and he was uncomfortable about his aide doing this.
Do you believe BA beyond a reasonable doubt. The only money is the money you say in the easter egg tape and ???? You have to rely o Bill Allen’s word.
Puts up chart. this is the jury instruction you will be given, agreed to by all parties. Judge in charge of the law, you’re in charge of the facts.
JI #13 Impeachment evidence of a witness - guilty plea is not evidence against the defendant, you have to judge BA’s testimony. Consider the extent to which his testimony may have been influenced by these factors. Examine his testimony with greater caution than other witnesses - for obvious reasons.
90% of what Sullivan said this morning depends on whether BA is telling the truth.
BTW, one of my relatives said to me long ago. True character is how you act when nobody is watching. BA on the stand, told you, if he knew he was being taped he wouldn’t have said all those things. But true character is how you act when nobody is watching.
You check their demeanor on the stand. His demeanor was pathetic. He has brain problems, Brain injury, - predated any of this. He was pathetic. What else look at for motive. He had to fire sale Veco, Seemed to want sympathy from us because he could only sell Veco for $400-million. He and his family would get only $350-million. Talk about motive. He was able to sell Veco. He was able to get $350-million for his family. More important the govt. threatened to charge his children unless he satisfied the government and did what they told him to do. If he doesn’t satisfy the agreement, then all deals are off. He also got an agreement of $500K to pay for his attorneys.
In evidence you will see the plea agreements. Please read them carefully. A lot of legal mumbo jumbo, but it does say if he does cooperate the gov. will argue to reduce his sentence? How many of us who have children wouldn’t do anything to keep them out of prison.
He’s blasphemous, rude, arrogant, grandiose, intoxicated, and obsessed with power. Apparently, making $1 billion a year was not enough for him and he wanted this pipeline passed. He brags about owning senators and res. And some he did. And some he thought he did. Would you make a critical decision in your life, based on BA’s testimony. Would you even buy a car from Mr. Allen. Seriously, think abut it.
But 90% of the govt.s case rests on BA. They want a verdict based on assumption of guilt. If someone says that in jury, the others have to say that isn’t true. we know innocent are arrested every day. And juries find people guilty every day. Maybe that will disappoint prosecutors and the press, but you need to not disappoint yourself.
How often did you hear VK saying I don’t want any freebie? Do you hear VK saying that? bstevens, kott, BW, anderson saying that.
Objection
Sustained
Did prewit give assistance for free? No he wanted to be paid. There is a prejudice that they just be guilty, but you must put that aside.
Govtl ran into two obstacles. Two 6 foot 6 obstacles
A defendant who would not role over
And a lawyer who believes in the system and believes the govt. has sadly failed in their effort to prove bard. This is the best system in the world, but only if you keep your word. The G has the burden of proof on every count individually. Every count must be looked at individually.
There is a similar instruction - #13. Same instruction for Richard Smith’s testimony
JI about conspiracy. Remember I asked BA what a conspiracy was? He didn’t know. A conspiracy. two people or more agreeing to do something illegal and one of those people takes a substantial step toward that.
J tells you in a very non legal and good way explains to you what C means. It is not necessary that they made a formal agreement or every detail. But it is not enough that they simply met, discussed things of common interest, or perhaps helped each other. You must find there was a plan. Not even enough to have common interests and do things together.
Here what it means to join a conspiracy. On the other hand has no knowledge of the C, but who acts in a way that happens to further the C. One does not become a C by joining with conspirators or knowing the C exists. You have a copy of the JI. Important to read them.
You can’t go back and work to convict Vic if you follow your oath. If the effort is to work to convict it’s the wrong way. The work must be to find if the govt has proven its case beyond a reasonable doubt. Not guilty means not proven.
When you talk about the govt has, consider the plight of mr Robert Hall. Obviously the govt has subpoenaed all of his financial records. He did not run for a senate seat, he did not fire Eric Musser. And the get Hall up and they ask him about his own financial record. That’s the power the government has. The power of the g. is overwhelming.
Never said we are sorry we misled you. That we made mistakes. But they can’t.
Govt. will suggest that I’m putting the govt. on trial or that I’m trying Mr. Al= or Mr. S. That’s not truing. I’m doing what I’m paid to do.
Huge prob with govt is because you have the exhibits. Finally Mr. Allen admitted, the final version they wanted and all the other people voted for that version and all the others did. And Vic never did.
Talk a little about Allen’s testimony when he was at the Kott trial. He paid him because he didn’t have enough money he was sleeping in his office, couldn’t by his daughter a girl scout uniform, not enough to buy a ticket to Oregon. VK told him he was having financial problems. He did not specifically ask me for any money. I just figured out what he needed and I gave it to him . Wasn’t it more than just a gift, wasn't it 50/50 - G had to remind him
In statement of facts, never says anything happening prior to 2006, nothing about prior misconduct in two places. Gov. will tell you well there was another clause about this not being all.
Similar from mr. smith. VK interviewed by FBI for four hours. Completely cooperative. Gave consent to search. took 1000’s of docs from his office. Said he had accepted pers. gifts but it had nothing to do with bribery. Used the word friendship. Talked to FBI about the loan the gov. still wants to make into a payment. Says Mr. A never offered him a consulting job. Talks about getting $100 or so for easter eggs, and that it made a very nice easter.
Mr. K told FBI that veco never instructed him on how to vote, but that Veco was a major constituent and supporter and pointed out he voted against a major bill Veco wanted.
Through the very quickly. First tape, you know my philosophy, I’m not beholden to the industry. Less govt and less taxes. Interested in restructuring. Reluctantly I might go along, I want to hear your thoughts mr. allen
Don’t you dare go crazy or whacko, but I know you will . Mr. Sullivan completely left this out. Mr. S knew VK will go whack. I know your philosophy.
J: Make it clear. If you want to watch the videos, you’ll have to come into the court room. The audio they can listen if they choose.
Conversations between S and PK. Vic’s never voted for a tax bill in 12 years. Never on tape did Vic say he’d be there. He probably said things because they were his supporters, but he thought the money was gifts.
Last one, because important. Number 11 (tape) vic says I don’t want to put any pressure on you, you are my friends, I have credit card debt because of surgery, I can’t go to credit agency because my credit isn’t very good. I need this all to be above board. I don’t want any one to get into hot water, No criticism. etc. loan, and I will make payments.
I want everything done in accordance to the law.
It has to be a real job. [takes lots of these quotes out of context] Asks Smith for $100 drunkenly slurring . GS uniform, here help with GS uniform. VK always believe it a gift.
Aaron’s job - transcript 15. Well I guess he qualifies
16 - what a wonderful time he had for easter, put all the money in the egg as you requested.
You believe that presumption of innocence is enough of ind someone not guilty. this is one of the most important jobs you’ll ever do. You promised to ….. You need to be true to your word. Be your word. 11:07
Mr. Bottini Rebuttal 11:08
Let me start by addressing earlier points Mr. B made about resources of Gov in contrast with client.
He gathered that this investigation going for some time. Prewitt over 4 years ago. Going on for years. Electronic surveillance. started in SEpt 2005 and 2006. Browne wants you to believe all these resources called down on VK. You know that is not true, a mischaracterization. This has been a long running investigation and Mr. Kohring got caught in it.
Somehow the govt. was trying to hide things from you. They didn't call this witness? Do you know how big the subpoenas are - this one page. If he thought there were witnesses you should have heard, he could have called them. He’s had all those recordings. He could have played them. its the button with the little arrow on it.
Tries to compare and contrasts VK with other names TS
He said nothing in recordings where BA brags about owning sens and congressmen. He could have played them. Accuses FP of being a sleazy lobbyist. Didn’t stop this guy from going out to dinner with him and getting his meal paid.
A loan was all they discussed. Talk about giving him a job, and sure they talked about a loan. It wasn't just a loan. He just wanted to solve his problem. RS thought he wanted it taken care of period. Whatever it took. The considered all of those. Loan wasn't good idea. Couldn’t hire him in middle of leg. session, he need the money then Couldn’t give him cash because APO watching.
Talk a minute about Mr.A. Browne says you can't believe anything. You saw BA and his story. Motorcycle accident. Doesn’t affect his thought process, but on his speech and ability to say words Doesn’t affect thought process and memory. He built Veco from ground zero 40 years ago. 2005 pulsating corp 5000 employees $1billion in revenues.
Somehow this addled old man able to run this industry to the end. He was the Chair of the Board of Veco right until they signed the paper with CH2MHil. he has trouble expressing himself and saying words.
He drinks too much. OK, you saw the tape. Had they been drinkin. Yeah they told you that. Was he rambling and out of his head? Of course not. a little harsh language. Two of them by themselves, don’t know any one is recording. It’s rough language. But he knows what he’s talking about. We gotta gt it done. Let me give and example he says, like the other night VK, VK you get up to leave and I gave him $1000. RS says, I know you did, I d know. Ramblings of two drunks? No, they knew what they were talking about . That guy right there got $1000 bucks at the pub….
B. says Allen told you this because he has motive to say all this. Come on. He saw the tape because I knew what I’ done was illegal. He knew his hash was cooked. Handing money to a legislator in the middle of the session. Allen knew it was over right there.
He says you can’t trust anything he says because no corroboration. If mr. Allen is making this up to get leniency or curry favor from the Gov. wouldn't his story be better? He doesn’t say, Here’s $600 to move that bill. That wasn't their relationship. That isn’t what happened. He gave VK 3-4 payments between 2002 and 2006 because he felt sorry for him. He didn’t know he was pulling 80grand 100 grand a year. He also said, he’s not a stupid man. He also said I gave him the money because I wanted him to be loyal to me. He knows if he gives him money over time, he’s got a chit he can call. And he did - don’t run against green, Musser, let the bill out of committee.
Somehow BA had cut this great deal with the Govt. and part of deal was that Veco wouldn’t be prosecuted. Flat untrue. He asked for it, he knew with this cloud, it would affect the employees. He took a haircut on the sale to CH2mhill. Did he sell it for $400Million, of course, but the point is that to say that Veco was motivation to fabricate- that wasn’t part of the bargain.
MR. B talked about $500K severance from Veco, had nothing to do with he govt. came from Veco.
Talk about relationship among these people. Mr. B said the relationship was close, deep bond, at core their mutual love of Russian women. Flat untrue. No evidence. BA said never met VK’s wife or daughter. VK never met BA’s girlfriend. These guys are business associates. Not a bond between close friends exchanging gifts. It’s business. Veco’s business is about oil . VK has something they want. They have something VK wants.
Mr. K , i would submit to you, knows how to play cards. he knows what it took to get Mr. Allen into giving him things. He turned him into an ATM machine. He knew all he had to do was plant the seed in BA’s mind, that I don’t have money to do something and he would get the money. mr. K played this like a fiddle. When does he decide to go up and look for help - the debt was around for a while, the records in evidence. One of the fist thing K says is, “this could help me politically.” He knows what he’s doing, not by coincidence he picks the middle of the leg session that he does this. They have this key leg on the floor, he knows how critical, he picks this time. Any ideas how I can solve this? He then offers ideas - job, loan, payment - to solve his problem.
Interesting when you listen to these phone calls between K and S. A series. Starting about 3/19, til he tells RS I need to talk to you guys. The calls build to a crescendo. he starts telling Sm what he can do. Lobby on your behalf. Conveying the message before he gets into that room I there for you.
Why these guys? Why BA RS and Veco for help? Look at the timing. Why not Mr. Hall, he appears to be a successful businessman and they are friends.
B says there is nothing wrong with a legislator carrying the ball for someone who gives him a campaign contribution. Handing people a pocketful of cash in the middle of the legislative session isn’t a campaign contribution.
Do personal friends ask each other for gifs? No, this is a business transaction.
What does VK have these guys want? All he’s got is the sign he has on his door. He took that sign off the door and handed it to Mr. Allen, but doesn’t give it to him. He sold it to him.
they have this specific discussion about what mr. K can and will do for them. He doesn’t say, I’ll se if I can politely influence them.
Aaron Kohring got a w-s for the work he did. This guy should have gotten one too. He was a frequent flyer with Joyce Anderson. Should have had her on speed dial.
Vanderploeg tells K heres what we’re looking at, things you got for your personal benefit and campaign . AV asks can you elaborate? He pauses and says, I’ d like to think about it. Then he calls them gifts. He goes, oh o, I know where these guys are going, he switches to calling them gifts.
Ladies and Gentleman. The evidence is clear. Mr. K traded on his government office - it was all he had- for gifts and pyaments. that’s what this case is about.
Pulls out chart.
Mr. B says govt. hasn’t proven this case. We would submit the evidence proves well beyond a reasonable doubt. We have proven it beyond a reasonable doubt and he’s guilty.
J. Thank you mr. B can you remove the easel? 11?37
Now it is my duty to instruct you on the laws. Copy of these Jury Instructions in the jury room
Browne spent the next hour talking about the duty of jurors, about the burden of proof and beyond a reasonable doubt ('bard' in my notes), what a " blasphemous, rude, arrogant, grandiose, intoxicated, and obsessed with power" lout Bill Allen is and used the question he tried out on reporter Lisa Demer yesterday in the federal building lobby interview you can see in the video I posted yesterday - "Would you make a critical decision in your life, based on BA’s testimony?"
He did talk about the facts of the case. He didn't make his own case. It was more like the prosecutor had set up a chess board and pieces representing the argument. Rather than critiquing how the board was set, he moved pieces around, knocked others over, dropped sand over here, added rocks, and poured syrup over the whole thing - not so much countering the prosecution's argument as totally obfuscating it. It was as if maybe he could sow enough doubt here and there, confuse the jurors about this point and that one, move the pieces around so they wouldn't be able to follow the original argument set out by the government. If he messed with things enough they wouldn't be able to find his client guilty beyond a reasonable doubt. And Sullivan stood up to object twice, and the judge sustained the objections twice.
Then Bottini got up and lit into Browne's closing, talking fluently without apparent notes, just going point after point to rebut all that Browne said. It sounded sincere, just a little exasperated at the defense attorney's allegations, and sure of his facts and conclusions.
Below are my typed notes from the trial. As usual, they are just what I could catch with my increasingly stubborn fingers. I've run the spell check, but not made any other changes. So take this with a a great deal of skepticism. This is a sketch, not a full color account. There is a lot missing, but it should give you sense of what was said.
Sullivan - to whom much is entrusted, much
VK broke this trust, he received money and other financial benefits from BA, Veco, for agreeing to perform and actually performing official acts.
….
First, the evidence
Gasline and ppt. starting point.
1. Veco view - pipeline was goose that laid golden egg.
2. Veco first had to get ppt bill passed before getting the pipeline. For every 1% increase in ppt, tens of millions of profits for oil companies
3. Veco supported the 20/20 tax rate because that’s what their clients wanted - the oil producers. They had to produce the 20%
How produce with VK? BA and RS said they went to legislature to get ppt passed. They used VK and PK. Every vote counted. Had concerns with VK.
1. K upset because ppt bill not sent to his committee. Remember sb 185 because the bill was hijacked? They have to get him to support ppt.
2. VK is anti tax. Clients agreed to 20%, but VK so extreme anti tax, that he might muck up the process. Don’t want him to offer lower taxes.
….
Phone call RS & VK I understand your tax position, but this is not the time to go crazy, not the time to go whacko.
Audio - of the phone call - don’t you dare take this opportunity to go crazy
VK I know in politics there is a lot of give and take, I would reluctantly go along if you and the producers are amenable. Feb 22
He didn’t say: I can’t do that, I can’t vote for tax increase. He says, I’ll reluctantly go along. I don’t want to screw you guys over nothing
Also talked about dinner with the three of them. Go to island pub in Douglas BA said he gave $1000 to VK, he knew VK was upset about committee assignment, wanted to get VK on the team. RS sensed this, and he got up and left while he did this. BA and RS were like a married couple, he knew what he would do. He’d done it in the past - given $.
Conversation when they didn’t know we were listening.
March 4 Video: That’s why I left you alone. I knew you did.
Allen doesn’t tell smith he gave him $1000 as a gift, or to his friend, but he gave it so he would kiss our ass. Is there anything else I need to say about the relation between Veco and VK? It’s all about getting the ppt.
About the relationships. BA and RS took VK out when it served there purposes. There was no deep bond because of Russia. REd carpet list had Allen and Smith listed as supporters, not as friends. … the only thing VK came to the party with was his legislative hat. You heard times when VK was trying to milk the lobbyists, a free meal. He knows BA has deep pockets, one of the largest corp in AK. He was playing Allen too. How would BA act if he knew that VK was making $100,000? He couldn’t tell them that, it would stop the money train. ************
They knew, they had a secret, [leaned over and almost whispers to the jury….[
March 20 audio tape. He said I’ll be there for the vote. Talking to PK If it’s needed he said he’d be there.
...He’s not representing the interests of his voters in Wasilla. He’s working for Veco.
$1000 from BA, asking job for nephew. How many times VK initiated phone calls, Hey Rick, this is Vic. Lobbying other legislator Bert Ste?? , offering amendments, modify a bill for BA and RS, lobbying colleagues, advocating good things for Veco, acting as an info source. He will pass along info from BA to others, talking on radio and tv. He actually did them.
What is official act? some think, “he votes a certain way.” It’s much broader. It could also be anything wearing his leg hat. Also agreeing not to stall a bill, not to do something.
March 30 call. Serious matter to talk to BA and RS. What did BA think? He’s coming back for money. He actually took a wad of money out of his wallet and into his pocket.
Why is VK there in the first place. It’s the middle of the session, going to head of Veco, who has the most important leg of the session and for Veco's history. They’re loyal leg is in trouble politically. Asks for their rec. to help him answer his financial problem. He’s fishing. Why going to them? Why not go to friends? Why not Mark Marlow who employed him. If he could afford $500 a month, why not go to the bank? He knows BA is is biggest financial backer, he might just give him the money. He’s already been offered a job. In VK’s words, he was just there trying to solve a problem.
What get’s decided? Nothing. ONly that it is discreet, that he’s careful, that there are ‘no red flags.’ This can’t get out into the public. BA said he tried to fix the problem, he went to his own FO to check. Said if he could have given the money he would have. But already in the newspaper about consulting contracts.
What happens immediately after he tells them about his debt? He gets two cash payments. Look at this picture [money hand off] - that’s not a loan, that’s a payoff. BA doesn’t care what he does with the money. He could buy a whole GS troop. He’s been in this hotel suite all session, just to get ppt passed.
If this is a gift, where is the gift disclosure form with ethics committee? Joyce Anderson told us he was a frequent flyer at the committee. He knows the rules. The reason why this gift doesn’t relate to his legislative status.
What can I do to help you guys? Are you close to..? Stoltz, moderately so, can you gt him. I’m not real close to Bill, close to Meyers…… Vidoe tape March 30 Who’s on finance? Holmes? I know him well. He’s unpredictable. Kelly’s probably with us. Great relationship with Richard Foster….. [Talking about various legislators ] tell us what they are thinking about. tell us where they’re at, push them into our column.
First I’ll find out where they are at, then I’ll try to move them over. I know that’s really important to you. My position is anti tax, but I understand this is an intregal part of the whole deal here. …..
Folks, they’re talking about legislators who are on the fence, on key committees, the Finance Committee. He’s working for Veco….What does he do, after the payment, after waiting to hear what happens with his nephew. Lots of phone calls reporting what he’s doing, calling Meyers
Next day phone call audio: Pam has scheduled meetings for me to tell them to pass the gov’s bill as close as possible.
The same day 3/31 - I’m falling through on the plan. Let you know I’m doing what I can. I will do the best I can to lobby for the bill, to meet all the finance committee members.
Not a coincidence that the day after they met in the suite, that he is following through with the plan. One thing - about his votes on ppt.
Browne said he never voted on ppt. He’s trying to confuse you, BA wanted to keep it at 20%. There were attempts to take it above 20% and VK voted no. They wanted him to vote no. Veco didn’t want 22%. Oil producers didn’t want 22%. VK voted consistent with what they wanted.
amendment to an amendment. Sometimes such amendments did pass, took it to higher rate. Votes were intended to defeat the higher rate - voted yes to get the rate down. When Mr. Browne tells you VK didn’t vote for ppt, keep that in mind.
Let’s talk about the end of the first special session. 22%. A few hours left. you see PK RS and BA. How do we stop this? Have BA take VK out of town. You heard the call.
They meet at McDonald. The plan changes after they talk to VK (PK?) BA says, on the way back, near the liquor store, BA takes out a wad of cash and gives it to VK. Listen when the take out the hamburgers.
PK: [talking about procedures if you left you’d be in trouble]
BA: I wouldn’t a done that to you
VK: I would have done what you requested
That says it all. I would have taken a big political hit for you uncle bill. At this point, if BA had told VK to jump, he would have said, how high?
Aaron K. seems like a good kid, but he got the job because they wanted to keep VK happy. They are concerned because he is upset about the committee assignment. At dinner, VK says aaron looking for job. RS says, Veco has internships. A month goes by. Nothing about internship. VK brings it up. They say, We need a resume. VK takes the resume. RS takes the resume. Writes a note for BA - I think I’ve got a winner here, he’s VK’s nephew. RS had never met Aaron at that time. When they see it’s from BA they’re going to hire the kid. And that’s what Ms. McDonald said yesterday. He was hired
In two short months he made $3200, making $16/hour. He’s a good kid, had a great summer.
Periodioc cash payments from BA starting in 2002. Occurred in VK’s leg office in Juneau. RS corroborated, because BA told him after the fact. He did it for two purposes, 50/50 He did feel sorry. He didn’t know he was making $100K. But he also wanted to keep him loyal. It was an insurance policy.
Cook Inlet Oil - 2003 - BA asked K to take an official act to move the bill out of his committee because VK was stalling it. No question that he thought the bill had been hijacked - memo from his office - video with Prewitt. Allen Smith told you to kick the bill and he did and it got passed.
Eric Musser. No dispute that BA give VK an earful because of EM’s complaint about Bev Masek. BA upset because one of his loyal supporters was being attacked. VK tried to get the complaint withdrawn. The fact is that the complaint doesn’t get withdrawn, but Eric Musser does.
Lyda Green. BA told VK twice not to run against LG.
Folks, I also want to talk to you about the charges, your role
Count 1: Conspiracy to commit certain crimes including bribery
C is an agreement between two or more people to commit a crime. Doesn’t have to be explicit, just agreed. It started when they started making cash payments. The evidence I covered proves he agreed to perform specific acts on behalf because of various payments. You heard about the linkage between the acts and payments. The fact that he actually carried out the acts, further proves the conspiracy
Count 2 Hobbes Act, only relates to officials
PO when he obtains money or other property in agreement to take some official action and it impacts interstate commerce.
1. Doesn’t matter if VK ever took an official act, but only that he agreed to do. We submit he did not
2. Not a defense to say I would have voted the same way, I wold have done the same things.
Proof side: No dispute. He was a public official. And interstate commerce affected. Dan Dickinson, BA and RS all showed oil companies are interstate.
He received several benefits - $1000 at pub, money near McDonalds, money in Suite, and job for Aaron K.
count 3: attempted violation of hobbes act
attempted because he didn’t actually get the money
same factors plus, VK took a substantial step toward getting the money. He took the step when he went into the room and solicited them for the money. Listen closely to that conversation and what was agreed to.
Count 4: Bribery in govt. entity receiving fed funds
$5000 or more - VK charged of taking bribes while an elected official in state of AK
not in dispute
pipeline well in excess of $5000
State received far in excess of $ in fed funding
VK did receive bribes i exchange for official acts
McDonald’s
Douglas
Suite
$17K
Job for Aaron
He violated the bond of public trust he had with his constituents. Based on all the evidence, I asked you on behalf of the US that you find VK guilty of all four charges in the indictment. Thank you very much. 9:50am
J: Mr. Browne
B: Mr. Browne has to go to the bathroom
10:05 break over
Browne; mike on. First, thank you, i’ve been watching you and you us paying attention to each other a lot, you’ve been taking notes, I appreciate the seriousness you have taken this. One of the most serious things you’ve done in your life. Your sworn oath that you would follow the law and that was your word. I will get back to that.
In the beginning a few things were disorganized because i was listening to what gov said and responded to. Same today.
Gov’s presentation persuasive if you ignore the burden of proof if you ignore
Object of persuasion is to persuade that your side is correct.
It is all right for a leg to vote for legislation supported by your supporters That is completely all right. Haliburton gives money to the Bush camp and expects attention from the Bush people. GM gives money to legislators to do things. Unions, teachers unions, give $ to legs and expect them to do things for them
Some suggestion here that that isn’t legal
We know BA Veco gave 8% of VK’s campaign funds, all reported, it’s ok.
A bribe, must be known as a bribe. And the govt must prove that to you beyond a reasonable doubt.
Gov has suggested in past and now, attempt to borrow a pickup truck that went no where was a bribe. The gov has to prove bard that was a bribe. BTW the pickup was never provided and MR. K said I’ll be happy to pay for, but it never happened anyway.
Money given for E egg incident, Mr. K knew bard that it was a bribe, not simply because Veco was a consistent supporter of his.
Mr. K has served the people of this community and state for 12 years, even after this was known he was reelected. Still going of notes from this morning. Comment about RS saying to Vic, Don’t you dare , that is strong language, I have a 16 year old boy, don’t you dare take the car out , that’s a pretty strong word, Mr. S used that term, don’t you dare use this as an opportunity to go whacko.
According to Mr. Smith, they already owned him. If the did, why threaten him that he shouldn’t go nuts. During all the transcripts, dvds, everyone in the courtroom hopes you’ll listent to them carefully, that nothing is taken out of context. You need to listen to those, to hear what is actually said.
You will hear that VK never asked for any money from BA and RS ever. He asked for a loan. In the charging docs, gov. told you they were going to prove that there was a request for Mr. K of a payment. That has completely fallen apart for the govt. No one an characterize that as a payment.
I believe Ms. Anderson said, VK had filed more requests than any other legislator, I could be wrong, follow your collective member, Ms. Anderson did not say he did not file reports. I think you need to rely on your memory and notes on that.
VK saying I will do this and lobby some of my constituents - that is all legal, nothing sinister. G. says my client mentions names, Meyers, where are those witnesses? It’s apparent to you how much resources the govt has? Have you ever been in a position when the gov is going after you? There is no bottom to those deep pockets. You saw FBI agents flown from all over to testify. $100s of thousands . Against me and him.
Why didn’t they, with all that money, have them here as witnesses. Reasonable doubt is based on a lot of things including the absence of evidence.
It seems odd that a person subject to these ramifications it seems odd that the person charged by the govt. doesn’t get the last word. When I’m done, Mr B will get up and say more. The reason is that the burden on the g is so heavy, that the people who founded this country, knew that proof bard is so strong that the govt. need two chances to rebut.
I will try to anticipate what he will say and rebut them in advance. What we say is not evidence. You need to review the evidence yourself.
I am waving the flag now. There are kids dying today in support of these principles. We believe in this system that’s why you are here. We believe in this system. Explaining to jurors, “What does not guilty mean?” It means: not proven. That, you aren’t saying mr. K is pure as the driven snow, that he didn’t use bad judgement here and there? But did the G prove the case beyond a reasonable doubt. The J said the presumption of innocent, in and of itself, is enough to say ‘not guilty.’ Not guilty means not proven, these people with all their resources haven’t proven their case.
When the judge told you at the beginning of the trial, that presumption of innocence is so important and you were sworn to.
Let me tell you what this case is not about:
Victor K. proving anything, he has no burden of proof whatsoever
Not about we, VK and I, have no burden to prove anything, and that’s how the people who wrote our Constitution meant it to be. If you’ve ever done battle with the govt. you know why. W
Not about prejudice against politicians. I think there are more politician jokes than lawyer jokes.
Not about ethical rules and regs internal in the legislature.
Not about legit contributions and fund raisers
Not about doing things for people that support you politically. If people support you politically and give you legit money, that is what you do as a politician.
Case not about assuming that a gift is a bribe, without an agreement o do something illegal. The gov attorneys say if the pol gets a gift it must be a bribe if they do anything to help. They say money was for a bribe and not what he would do in the normal course of supporting VECO.
How did we get here? It started with Prewitt who was in trouble with the law but wouldn’t admit. FP mentions that he has info about major political corruption in AK. And when the names came out, the FBI started drooling - ted stevens, ben st. DY, MR.Kott, TA, BW, VK. so the Govt threw out this big web and determined who was going to fall into the web.
But we see a big mistake was made by the gov. but they won’t admit mistake. I submit it was not until just before this trial, until gov. realized that VK didn’t vote for ppt. The case was a mistake it was falling apart, They allege it was a payment when it was a request for a loan. They said about pickup. The job for Aaron was a bribe. That’s ridiculous There case so weak, turn to that as the basis for the this case. Most people get a first job through connections. But the g is so desperate in this case that they say this was a bribe. That he knew and Aaron knew it was a bribe. When their case started falling apart they started adding things - BA gave him money since 2002, he fired Musser, he was going to run against Lyla until BA told him not to. It proves only he listens to one of his supporters.
I’m certainly not faulting the G in some of the investigations in this scandal. But let’s look at others
T stevens gets $100K for a house - thats not a summer job, an easter egg
B stevens got $250K
TA $25k I believe and a contract
PK Got $10K
That should be investigated vigorously. I asked T stevens if the work on t stevens house was a gift. He said no, it was a bribe.
Even if you believe Mr. Allen, we’re talking about money with VK that was less than it would cost to buy a plasma TV. Millions of Dollars to put him in that chair.
Compare that to BA admitting he bribed $400 K and were talking about easter eggs.
Objection:
Judge: Remember our earlier discussion, your getting close to the line
Mr. Prewitt is central casting for a sleazy lobbyist. Not only made a deal with the gov. even wanted to be paid. G. wired mr. Prewitt to entrap mr. K to entrap to admitting things he did wrong.
In the last video, Vic doesn’t look very good eating, none of us do. FP go through litany of what he was told to ask. Why don’t you ask Veco for a job? I know others have, maybe I will. What happened to Musser. Vic responds he did file a complaint and agreed Masek did things illegal and he was uncomfortable about his aide doing this.
Do you believe BA beyond a reasonable doubt. The only money is the money you say in the easter egg tape and ???? You have to rely o Bill Allen’s word.
Puts up chart. this is the jury instruction you will be given, agreed to by all parties. Judge in charge of the law, you’re in charge of the facts.
JI #13 Impeachment evidence of a witness - guilty plea is not evidence against the defendant, you have to judge BA’s testimony. Consider the extent to which his testimony may have been influenced by these factors. Examine his testimony with greater caution than other witnesses - for obvious reasons.
90% of what Sullivan said this morning depends on whether BA is telling the truth.
BTW, one of my relatives said to me long ago. True character is how you act when nobody is watching. BA on the stand, told you, if he knew he was being taped he wouldn’t have said all those things. But true character is how you act when nobody is watching.
You check their demeanor on the stand. His demeanor was pathetic. He has brain problems, Brain injury, - predated any of this. He was pathetic. What else look at for motive. He had to fire sale Veco, Seemed to want sympathy from us because he could only sell Veco for $400-million. He and his family would get only $350-million. Talk about motive. He was able to sell Veco. He was able to get $350-million for his family. More important the govt. threatened to charge his children unless he satisfied the government and did what they told him to do. If he doesn’t satisfy the agreement, then all deals are off. He also got an agreement of $500K to pay for his attorneys.
In evidence you will see the plea agreements. Please read them carefully. A lot of legal mumbo jumbo, but it does say if he does cooperate the gov. will argue to reduce his sentence? How many of us who have children wouldn’t do anything to keep them out of prison.
He’s blasphemous, rude, arrogant, grandiose, intoxicated, and obsessed with power. Apparently, making $1 billion a year was not enough for him and he wanted this pipeline passed. He brags about owning senators and res. And some he did. And some he thought he did. Would you make a critical decision in your life, based on BA’s testimony. Would you even buy a car from Mr. Allen. Seriously, think abut it.
But 90% of the govt.s case rests on BA. They want a verdict based on assumption of guilt. If someone says that in jury, the others have to say that isn’t true. we know innocent are arrested every day. And juries find people guilty every day. Maybe that will disappoint prosecutors and the press, but you need to not disappoint yourself.
How often did you hear VK saying I don’t want any freebie? Do you hear VK saying that? bstevens, kott, BW, anderson saying that.
Objection
Sustained
Did prewit give assistance for free? No he wanted to be paid. There is a prejudice that they just be guilty, but you must put that aside.
Govtl ran into two obstacles. Two 6 foot 6 obstacles
A defendant who would not role over
And a lawyer who believes in the system and believes the govt. has sadly failed in their effort to prove bard. This is the best system in the world, but only if you keep your word. The G has the burden of proof on every count individually. Every count must be looked at individually.
There is a similar instruction - #13. Same instruction for Richard Smith’s testimony
JI about conspiracy. Remember I asked BA what a conspiracy was? He didn’t know. A conspiracy. two people or more agreeing to do something illegal and one of those people takes a substantial step toward that.
J tells you in a very non legal and good way explains to you what C means. It is not necessary that they made a formal agreement or every detail. But it is not enough that they simply met, discussed things of common interest, or perhaps helped each other. You must find there was a plan. Not even enough to have common interests and do things together.
Here what it means to join a conspiracy. On the other hand has no knowledge of the C, but who acts in a way that happens to further the C. One does not become a C by joining with conspirators or knowing the C exists. You have a copy of the JI. Important to read them.
You can’t go back and work to convict Vic if you follow your oath. If the effort is to work to convict it’s the wrong way. The work must be to find if the govt has proven its case beyond a reasonable doubt. Not guilty means not proven.
When you talk about the govt has, consider the plight of mr Robert Hall. Obviously the govt has subpoenaed all of his financial records. He did not run for a senate seat, he did not fire Eric Musser. And the get Hall up and they ask him about his own financial record. That’s the power the government has. The power of the g. is overwhelming.
Never said we are sorry we misled you. That we made mistakes. But they can’t.
Govt. will suggest that I’m putting the govt. on trial or that I’m trying Mr. Al= or Mr. S. That’s not truing. I’m doing what I’m paid to do.
Huge prob with govt is because you have the exhibits. Finally Mr. Allen admitted, the final version they wanted and all the other people voted for that version and all the others did. And Vic never did.
Talk a little about Allen’s testimony when he was at the Kott trial. He paid him because he didn’t have enough money he was sleeping in his office, couldn’t by his daughter a girl scout uniform, not enough to buy a ticket to Oregon. VK told him he was having financial problems. He did not specifically ask me for any money. I just figured out what he needed and I gave it to him . Wasn’t it more than just a gift, wasn't it 50/50 - G had to remind him
In statement of facts, never says anything happening prior to 2006, nothing about prior misconduct in two places. Gov. will tell you well there was another clause about this not being all.
Similar from mr. smith. VK interviewed by FBI for four hours. Completely cooperative. Gave consent to search. took 1000’s of docs from his office. Said he had accepted pers. gifts but it had nothing to do with bribery. Used the word friendship. Talked to FBI about the loan the gov. still wants to make into a payment. Says Mr. A never offered him a consulting job. Talks about getting $100 or so for easter eggs, and that it made a very nice easter.
Mr. K told FBI that veco never instructed him on how to vote, but that Veco was a major constituent and supporter and pointed out he voted against a major bill Veco wanted.
Through the very quickly. First tape, you know my philosophy, I’m not beholden to the industry. Less govt and less taxes. Interested in restructuring. Reluctantly I might go along, I want to hear your thoughts mr. allen
Don’t you dare go crazy or whacko, but I know you will . Mr. Sullivan completely left this out. Mr. S knew VK will go whack. I know your philosophy.
J: Make it clear. If you want to watch the videos, you’ll have to come into the court room. The audio they can listen if they choose.
Conversations between S and PK. Vic’s never voted for a tax bill in 12 years. Never on tape did Vic say he’d be there. He probably said things because they were his supporters, but he thought the money was gifts.
Last one, because important. Number 11 (tape) vic says I don’t want to put any pressure on you, you are my friends, I have credit card debt because of surgery, I can’t go to credit agency because my credit isn’t very good. I need this all to be above board. I don’t want any one to get into hot water, No criticism. etc. loan, and I will make payments.
I want everything done in accordance to the law.
It has to be a real job. [takes lots of these quotes out of context] Asks Smith for $100 drunkenly slurring . GS uniform, here help with GS uniform. VK always believe it a gift.
Aaron’s job - transcript 15. Well I guess he qualifies
16 - what a wonderful time he had for easter, put all the money in the egg as you requested.
You believe that presumption of innocence is enough of ind someone not guilty. this is one of the most important jobs you’ll ever do. You promised to ….. You need to be true to your word. Be your word. 11:07
Mr. Bottini Rebuttal 11:08
Let me start by addressing earlier points Mr. B made about resources of Gov in contrast with client.
He gathered that this investigation going for some time. Prewitt over 4 years ago. Going on for years. Electronic surveillance. started in SEpt 2005 and 2006. Browne wants you to believe all these resources called down on VK. You know that is not true, a mischaracterization. This has been a long running investigation and Mr. Kohring got caught in it.
Somehow the govt. was trying to hide things from you. They didn't call this witness? Do you know how big the subpoenas are - this one page. If he thought there were witnesses you should have heard, he could have called them. He’s had all those recordings. He could have played them. its the button with the little arrow on it.
Tries to compare and contrasts VK with other names TS
He said nothing in recordings where BA brags about owning sens and congressmen. He could have played them. Accuses FP of being a sleazy lobbyist. Didn’t stop this guy from going out to dinner with him and getting his meal paid.
A loan was all they discussed. Talk about giving him a job, and sure they talked about a loan. It wasn't just a loan. He just wanted to solve his problem. RS thought he wanted it taken care of period. Whatever it took. The considered all of those. Loan wasn't good idea. Couldn’t hire him in middle of leg. session, he need the money then Couldn’t give him cash because APO watching.
Talk a minute about Mr.A. Browne says you can't believe anything. You saw BA and his story. Motorcycle accident. Doesn’t affect his thought process, but on his speech and ability to say words Doesn’t affect thought process and memory. He built Veco from ground zero 40 years ago. 2005 pulsating corp 5000 employees $1billion in revenues.
Somehow this addled old man able to run this industry to the end. He was the Chair of the Board of Veco right until they signed the paper with CH2MHil. he has trouble expressing himself and saying words.
He drinks too much. OK, you saw the tape. Had they been drinkin. Yeah they told you that. Was he rambling and out of his head? Of course not. a little harsh language. Two of them by themselves, don’t know any one is recording. It’s rough language. But he knows what he’s talking about. We gotta gt it done. Let me give and example he says, like the other night VK, VK you get up to leave and I gave him $1000. RS says, I know you did, I d know. Ramblings of two drunks? No, they knew what they were talking about . That guy right there got $1000 bucks at the pub….
B. says Allen told you this because he has motive to say all this. Come on. He saw the tape because I knew what I’ done was illegal. He knew his hash was cooked. Handing money to a legislator in the middle of the session. Allen knew it was over right there.
He says you can’t trust anything he says because no corroboration. If mr. Allen is making this up to get leniency or curry favor from the Gov. wouldn't his story be better? He doesn’t say, Here’s $600 to move that bill. That wasn't their relationship. That isn’t what happened. He gave VK 3-4 payments between 2002 and 2006 because he felt sorry for him. He didn’t know he was pulling 80grand 100 grand a year. He also said, he’s not a stupid man. He also said I gave him the money because I wanted him to be loyal to me. He knows if he gives him money over time, he’s got a chit he can call. And he did - don’t run against green, Musser, let the bill out of committee.
Somehow BA had cut this great deal with the Govt. and part of deal was that Veco wouldn’t be prosecuted. Flat untrue. He asked for it, he knew with this cloud, it would affect the employees. He took a haircut on the sale to CH2mhill. Did he sell it for $400Million, of course, but the point is that to say that Veco was motivation to fabricate- that wasn’t part of the bargain.
MR. B talked about $500K severance from Veco, had nothing to do with he govt. came from Veco.
Talk about relationship among these people. Mr. B said the relationship was close, deep bond, at core their mutual love of Russian women. Flat untrue. No evidence. BA said never met VK’s wife or daughter. VK never met BA’s girlfriend. These guys are business associates. Not a bond between close friends exchanging gifts. It’s business. Veco’s business is about oil . VK has something they want. They have something VK wants.
Mr. K , i would submit to you, knows how to play cards. he knows what it took to get Mr. Allen into giving him things. He turned him into an ATM machine. He knew all he had to do was plant the seed in BA’s mind, that I don’t have money to do something and he would get the money. mr. K played this like a fiddle. When does he decide to go up and look for help - the debt was around for a while, the records in evidence. One of the fist thing K says is, “this could help me politically.” He knows what he’s doing, not by coincidence he picks the middle of the leg session that he does this. They have this key leg on the floor, he knows how critical, he picks this time. Any ideas how I can solve this? He then offers ideas - job, loan, payment - to solve his problem.
Interesting when you listen to these phone calls between K and S. A series. Starting about 3/19, til he tells RS I need to talk to you guys. The calls build to a crescendo. he starts telling Sm what he can do. Lobby on your behalf. Conveying the message before he gets into that room I there for you.
Why these guys? Why BA RS and Veco for help? Look at the timing. Why not Mr. Hall, he appears to be a successful businessman and they are friends.
B says there is nothing wrong with a legislator carrying the ball for someone who gives him a campaign contribution. Handing people a pocketful of cash in the middle of the legislative session isn’t a campaign contribution.
Do personal friends ask each other for gifs? No, this is a business transaction.
What does VK have these guys want? All he’s got is the sign he has on his door. He took that sign off the door and handed it to Mr. Allen, but doesn’t give it to him. He sold it to him.
they have this specific discussion about what mr. K can and will do for them. He doesn’t say, I’ll se if I can politely influence them.
Aaron Kohring got a w-s for the work he did. This guy should have gotten one too. He was a frequent flyer with Joyce Anderson. Should have had her on speed dial.
Vanderploeg tells K heres what we’re looking at, things you got for your personal benefit and campaign . AV asks can you elaborate? He pauses and says, I’ d like to think about it. Then he calls them gifts. He goes, oh o, I know where these guys are going, he switches to calling them gifts.
Ladies and Gentleman. The evidence is clear. Mr. K traded on his government office - it was all he had- for gifts and pyaments. that’s what this case is about.
Pulls out chart.
Mr. B says govt. hasn’t proven this case. We would submit the evidence proves well beyond a reasonable doubt. We have proven it beyond a reasonable doubt and he’s guilty.
J. Thank you mr. B can you remove the easel? 11?37
Now it is my duty to instruct you on the laws. Copy of these Jury Instructions in the jury room
Warm Halloween
Ran into this witch at the General Services Administration in the Federal Building yesterday after the trial.
And the half inch of snow we got the other day is pretty much gone. We even have a couple of pansies still blooming.
And when I checked the weather this morning, I saw that the temperature in Seattle and Anchorage were the same - though it looks like it will get warmer in Seattle later on.Off to closing arguments soon.
Tuesday, October 30, 2007
What does the jury need to hear?
Tomorrow we get the closing arguments. What's still not quite clear?
I've been pretty conservative in my predictions in the last two trials. With the first case, when I tried to make sense of the jury instructions and then match the facts of the case to what exactly had to be proven, I figured it would take the jury a while to even figure out what their job was. And with twelve people all giving their opinions, I figured it would be several days at best.
The got the case on Friday afternoon and by noonish Monday they had a verdict. The same was true for Kott. Does that mean the juries didn't worry about the details? That they were just much faster at figuring them out than I was? Who knows? But published interviews with some jurors suggests that the tapes were the big factor. And people I've talked to in and around the trial plus others who have seen some tapes on the internet just look at me as if I'm slow when I ask what they think the verdict will be. "Just look at him taking the money in the tape" is their response.
That said, let me try to figure out where we are, without going in as much detail about the parts of the law that have to be proved - since I don't have the jury instructions.
Is he a public official? Yes, that's not a problem.
Did he get something of value in exchange for his services as a legislator? Let's see what I can reconstruct without looking at my notes.
1. He got the $1000 at the restaurant in Douglas. We know this from Allen's testimony, Rick Smith's collaboration of it, and, if I remember right, Allen and Smith talking about it on one of the tapes.
2. He got the Easter egg money - $100 from Allen and '6 or 7' (hundred) from Allen which we see on tape. But we can't really see how much Allen gave Kott.
3. Allen says he gave Kohring '6 or 7' on various occasions. We only have Allen's word on this.
4. There is the $17,000 credit card problem that Kohring asks help on. Joyce Anderson from the ethics committee told us that 'something of value' includes loans. He didn't get it, but he asked for it. I don't remember all the details of the laws, but this would seem at least to fit the extortion part.
5. There's the job he got for his nephew that was valued at about $3000. No one has presented evidence to even suggest the nephew isn't a really great guy, but it seems clear from the tapes that Kohring asked Allen about getting Aaron a job, he got the resume into Allen, and Smith notified Kohring that Aaron got the job. Kohring notified Aaron. And today Kari McDonald told us it was highly unlikely that Aaron would have gotten a job without the recommendation from Allen.
6. There's the truck that Kohring asked for help on, which also went nowhere.
So, what legislative actions did they get in return? And as I recall the law says it doesn't matter if a) he would have performed them in the same way without the 'payment' or b) if he doesn't actually carry out the promises.
Kohring made promises all the time. What can I do for you? Let me know if you need anything. And he did this almost simultaneously with saying thank you for something he was being given. Did he actually promise or do something concrete that would show Allen's influence?
1) It seems like Allen was able to get Kohring to release HB 195 from committee, even though he was angry because he thought his credit for the bill was being hijacked by Tom Wagoner. This may not be completely clear. The linkage needs to be made simply.
2) Allen did have clear influence on Kohring in regard to his aide Eric Musser. He did check and try to get the complaint withdrawn but felt it was too late. This all was clearly spelled out in the Prewitt tape. Whether he actually fired Musser is not clear. It was mentioned that Musser has tried to get his job back, but what I remember is from Bottini or Sullivan, not from a witness.
3) He offered to lobby other legislators and said he did - like Kevin Meyers.
4) I think Browne has done an effective job in obfuscating Kohring's voting record on PPT. In the Kott case it was clear from the detailed review of the House Journal that Kott actually changed his vote from 'no' to 'yes' at the end. But the defense used up lots of time to set up the jury for this. I don't know how the prosecution will handle this, in part, because I'm still not sure whether his votes on ppt reflect Allen's influence or not. Minimally, there are statements where he promises to be there for them. Despite Kott's skepticism.
I've got class tonight, so I don't have time to do the same with the defense's attack on the evidence.
I will say, though, that the jury this time took a lot more notes, and I suspect that they will use those notes. This could mean the deliberation will take longer as they sort through their notes and compare their different takes on things. This jury is also older, and while I haven't done a good job of comparing my notes of those what juror prospects said to who actually got on the jury, my sense is there is a lot more experience on this jury. They know about how bureaucracies work. This probably isn't good for the defense.
Based on the evidence I've seen - and the jurors have been instructed not to reach any conclusions until the trial is completely over - at this point guilty seems like the right verdict. But I don't say that with the vinictiveness I read in blog comments and letters to the editor. Yes, these legislators have violated the public trust. But Kohring's constituents reelected him knowing he was under suspicion. Michael Carey's piece in the ADN today ends with:
We allowed these people to get elected - people who were beholden or quickly became beholden to rich men with agendas.
I've been pretty conservative in my predictions in the last two trials. With the first case, when I tried to make sense of the jury instructions and then match the facts of the case to what exactly had to be proven, I figured it would take the jury a while to even figure out what their job was. And with twelve people all giving their opinions, I figured it would be several days at best.
The got the case on Friday afternoon and by noonish Monday they had a verdict. The same was true for Kott. Does that mean the juries didn't worry about the details? That they were just much faster at figuring them out than I was? Who knows? But published interviews with some jurors suggests that the tapes were the big factor. And people I've talked to in and around the trial plus others who have seen some tapes on the internet just look at me as if I'm slow when I ask what they think the verdict will be. "Just look at him taking the money in the tape" is their response.
That said, let me try to figure out where we are, without going in as much detail about the parts of the law that have to be proved - since I don't have the jury instructions.
Is he a public official? Yes, that's not a problem.
Did he get something of value in exchange for his services as a legislator? Let's see what I can reconstruct without looking at my notes.
1. He got the $1000 at the restaurant in Douglas. We know this from Allen's testimony, Rick Smith's collaboration of it, and, if I remember right, Allen and Smith talking about it on one of the tapes.
2. He got the Easter egg money - $100 from Allen and '6 or 7' (hundred) from Allen which we see on tape. But we can't really see how much Allen gave Kott.
3. Allen says he gave Kohring '6 or 7' on various occasions. We only have Allen's word on this.
4. There is the $17,000 credit card problem that Kohring asks help on. Joyce Anderson from the ethics committee told us that 'something of value' includes loans. He didn't get it, but he asked for it. I don't remember all the details of the laws, but this would seem at least to fit the extortion part.
5. There's the job he got for his nephew that was valued at about $3000. No one has presented evidence to even suggest the nephew isn't a really great guy, but it seems clear from the tapes that Kohring asked Allen about getting Aaron a job, he got the resume into Allen, and Smith notified Kohring that Aaron got the job. Kohring notified Aaron. And today Kari McDonald told us it was highly unlikely that Aaron would have gotten a job without the recommendation from Allen.
6. There's the truck that Kohring asked for help on, which also went nowhere.
So, what legislative actions did they get in return? And as I recall the law says it doesn't matter if a) he would have performed them in the same way without the 'payment' or b) if he doesn't actually carry out the promises.
Kohring made promises all the time. What can I do for you? Let me know if you need anything. And he did this almost simultaneously with saying thank you for something he was being given. Did he actually promise or do something concrete that would show Allen's influence?
1) It seems like Allen was able to get Kohring to release HB 195 from committee, even though he was angry because he thought his credit for the bill was being hijacked by Tom Wagoner. This may not be completely clear. The linkage needs to be made simply.
2) Allen did have clear influence on Kohring in regard to his aide Eric Musser. He did check and try to get the complaint withdrawn but felt it was too late. This all was clearly spelled out in the Prewitt tape. Whether he actually fired Musser is not clear. It was mentioned that Musser has tried to get his job back, but what I remember is from Bottini or Sullivan, not from a witness.
3) He offered to lobby other legislators and said he did - like Kevin Meyers.
4) I think Browne has done an effective job in obfuscating Kohring's voting record on PPT. In the Kott case it was clear from the detailed review of the House Journal that Kott actually changed his vote from 'no' to 'yes' at the end. But the defense used up lots of time to set up the jury for this. I don't know how the prosecution will handle this, in part, because I'm still not sure whether his votes on ppt reflect Allen's influence or not. Minimally, there are statements where he promises to be there for them. Despite Kott's skepticism.
I've got class tonight, so I don't have time to do the same with the defense's attack on the evidence.
I will say, though, that the jury this time took a lot more notes, and I suspect that they will use those notes. This could mean the deliberation will take longer as they sort through their notes and compare their different takes on things. This jury is also older, and while I haven't done a good job of comparing my notes of those what juror prospects said to who actually got on the jury, my sense is there is a lot more experience on this jury. They know about how bureaucracies work. This probably isn't good for the defense.
Based on the evidence I've seen - and the jurors have been instructed not to reach any conclusions until the trial is completely over - at this point guilty seems like the right verdict. But I don't say that with the vinictiveness I read in blog comments and letters to the editor. Yes, these legislators have violated the public trust. But Kohring's constituents reelected him knowing he was under suspicion. Michael Carey's piece in the ADN today ends with:
Sharon Cissna told me that this was a systemic problem. All the people of Alaska share resposibility for that. We've underfunded all the watchdog groups - the ombudsman, the APOC, etc. - and we've elected politicians who pander to our basic fears and desires - no new taxies, cut government - while we've been feeding off the oil pipeline and our federal funds pipeline. If Kohring deserves to go to prison, Alaskans who voted for legislators who dismantled all the watchdog agencies, and Alaskans who didn't vote at all because it was easier to say, "They're all corrupt," bear a great deal of responsibility too.You might look at the FBI tapes of Vic Kohring in action and decide Vic doesn't belong in jail. But I don't think anybody, including Vic's lawyer John Henry Browne, could look at those tapes and conclude Vic Kohring ever belonged in the Alaska Legislature.
We allowed these people to get elected - people who were beholden or quickly became beholden to rich men with agendas.
Kohring Trial Day 7 - Defense Case Over Before Lunch
I dragged in about 40 minutes late. Aaron Kohring, Vic's nephew, was sitting outside the courtroom, having just testified. When I got in Robert Hall was testifying. A Dimond High School classmate of Kohring's, Hall owns fireworks stands in Wasilla, has been Kohring's attorney at times, as well as his friend and campaign adviser. When I got into court, the prosecution was cross examining Hall. And much to my surprise, the prosecution was asking Hall if he knew how much money Kohring had earned in 2006, and they were able to bring out the key facts that were in Sean Cockerham's ADN story this morning. That he earned about $100,000 that year, that he had a consulting contract with developer Mark Marlow, and they even asked him if the $31,000 he got in per diem was tax deductible. Hall didn't know, but the point was made.
I hadn't thought they could get this information about the $100,000 income and Marlow contract in any more. I learned afterward that they had this information all along - and were not that excited to see it in the newspaper this morning - but didn't think they could get it in as part of their case. They'd been hoping to be able to slip it in when cross examining defense witnesses. They got their chance this morning.
And Browne wasn't very aggressive in objecting and the judge allowed it.
The defense rested its case about 10:30am. But the prosecutors called a rebuttal witness to Aaron Kohring, one of the recruiting staff at Veco when Aaron was hired. Kari McDonald testified that the internship program was for college juniors and seniors, mostly in engineering. They got paired up with a mentor and got paid $16 - $20 an hour. Aaron had just graduated from high school, so he really wasn't qualified. They gave him a $16/hour job and he got a mentor, but basically he was doing manual labor helping people move from cubicle to cubicle. There is a new high school intern program, but they only make $10/hour.
When asked if Aaron Kohring would have gotten the job if Bill Allen hadn't recommended it, McDonald said, "I strongly doubt it."
Defense attorney Browne was able to get her to say, "I know they thought very highly of him [Aaron]."
And then the judge asked the lawyers when they wanted to meet in his office to work out the jury instructions (after lunch) and the closing arguments will be tomorrow morning.
I hadn't thought they could get this information about the $100,000 income and Marlow contract in any more. I learned afterward that they had this information all along - and were not that excited to see it in the newspaper this morning - but didn't think they could get it in as part of their case. They'd been hoping to be able to slip it in when cross examining defense witnesses. They got their chance this morning.
And Browne wasn't very aggressive in objecting and the judge allowed it.
The defense rested its case about 10:30am. But the prosecutors called a rebuttal witness to Aaron Kohring, one of the recruiting staff at Veco when Aaron was hired. Kari McDonald testified that the internship program was for college juniors and seniors, mostly in engineering. They got paired up with a mentor and got paid $16 - $20 an hour. Aaron had just graduated from high school, so he really wasn't qualified. They gave him a $16/hour job and he got a mentor, but basically he was doing manual labor helping people move from cubicle to cubicle. There is a new high school intern program, but they only make $10/hour.
When asked if Aaron Kohring would have gotten the job if Bill Allen hadn't recommended it, McDonald said, "I strongly doubt it."
Defense attorney Browne was able to get her to say, "I know they thought very highly of him [Aaron]."
And then the judge asked the lawyers when they wanted to meet in his office to work out the jury instructions (after lunch) and the closing arguments will be tomorrow morning.
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