Judge in Alabama gambling trial says Gov

Attorneys representing former Governor Bob Riley argued before a federal judge earlier this month that Riley should not be required to answer a subpoena in the upcoming bingo corruption re-trial. Monday U.S. District Magistrate Judge Wallace Capel, Jr. rejected efforts to quash the subpoena and said Riley must be available, if called to testify.


The first re-trial is set for January 30. Riley has been subpoenaed by VictoryLand owner Milton McGregor.


Capel wrote in his order, "Regardless of whether the high official standard could or should be applied to the former state officials [Riley], the court does find that Defendant [McGregor] has made a sufficient showing to support the subpoenas ad testificandum. At the hearing, Defendant proffered several bases for the subpoenas, including the specifics of conversations between former Governor Riley and at least one member of the alleged conspiracy .


Our position has been he's no better than anyone else, and we had every right to subpoena him. Now the court has ruled we have that right," said McGregor's lawyer, Joe Espy.


Espy said he won't decide whether to call Riley and Murphy as witnesses until the prosecution presents most of its case.


Riley's lawyers and the state attorney general's office argued that the ex-governor and Murphy have no relevant information about the federal bribery and conspiracy charges against McGregor. They also said the two officials were protected against testifying about how they reached decisions and conducted investigations.


The judge ruled McGregor's lawyers offered several bases for the subpoenas, including Riley talking to one of the defendants about gambling legislation.


If Riley is called as a witness, the judge left open the possibility that his lawyers could object to some of the questions based on the executive privilege enjoyed by a governor and his public safety director.


Riley's lawyer noted that McGregor also tried to subpoena the ex-governor for the original gambling corruption trial. In that case, a different federal magistrate judge, Terry Moorer, ruled McGregor's lawyers hadn't show sufficient reasons yet but could try again as the trial progressed. That became moot when McGregor's lawyers decided not to call any witnesses in the original trial.


Lembke said the question of calling a former governor to testify is bigger than Riley and this one case. He said other courts have put limits on former governors' testimony because they could end up taking the stand in all kinds of cases for long periods after their terms ended.