Medford trial: May 13, final testimony

Today’s proceedings began with continued cross-examination of Bobby Medford and concluded with character witnesses for co-defnedant Guy Penland, who declined to take the stand in his own defense. The defense has rested its case and the prosecution will not offer rebuttal, so the evidentiary portion of the trial is over. Tomorrow, Judge Tim Ellis will present proposed jury instructions to both sides at 9 a.m., rectify any disagreements at 10 a.m. and call the jury in at 11 a.m. to hear concluding arguments.

At the outset today, Asst. U.S. Attorney Corey Ellis continued to cross-examine Medford and elicited the claim that Medford was entitled to the proceeds of the golf tournaments he organized in non-election years, to disburse as he saw fit. Medford continued to insist that all funds were used for charitable purposes.

Ellis also elicited agreement from Medford that while he had a policy of excluding volunteers who violated department policy, he never excluded Penland despite violations of policy beyond telling him that he could no longer register video poker machines.

Medford confirmed that special deputy I.D. cards issued to Jerry Pennington bore his signature, but said that he signed multiple cards and had no idea who received them. Although he insisted that all recipients of special deputy IDs were subject to background checks, he was unable to explain how Pennington, with a criminal record, was able to obtain his deputization. Twice.

Medford repeated his testimony that he had garnered $2,500 to $3,000 from each golf tourney, then, when showed evidence that he had been handed at least $7,500 in proceeds in 2006, he denied knowledge of the payments. Ellis reminded him that he had reported more than $20,000 in cash donations from the golf tournament in the 2002 election and asked if inability to accept cash in 2006 (due to a change in election law) represented a problem that year. Medford denied concern about the cash problem.

The former sheriff indicated that correlation of phone calls from Medford’s cell phone to Demetre Theodosis with cash deposits to Medford’s account were coincidental, as were meetings and phone calls concerning a change of machines at Imran Alam’s stores, a withdrawal of cash by Alam, and alleged payments to Johnny Harrison and Medford.

Similarly coincidental were records showing $2.400 in cash moved from receipts in a 2006 golf tournament to Medford, deposit of $2,400 to his checking account, payment of $2,400 to a veterinarian and newspaper reports that Medford had paid the vet bill out of his own pocket. Medford’s girlfriend’s son, a deputy, had shot a dog who died after extensive efforts to save him, and Medford had grandly announced that he would pay the veterinary bills. Only he didn’t.

While denying that he had used proceeds from the golf tournament, Medford insisted that the money had come from six or so other department employees, though he could only name Pat Hefner, George Stewart and Randy Bradford as contributors.

Ellis also noted that Medford had claimed $45,000 in charitable donations on his 2006 tax return and asked if the $2,400 was part of that total. Medford expressed astonishment at the number and denied having made such donations and insisted that it was a typographical error. He said he would file an amended return.

Medford’s total itemized deductions for 2006 totalled $97,000 with a reported income of $215,000.

Ellis also noted that upon retirement Medford had claimed $20,000 in back pay for vacations he had never taken, despite the fact that he spent at least 160 work days at Harrah’s from 2003 to 2006. Medford said that he only counted vacation days when he was away from Buncombe County, and that Harrah’s was only 50 minutes from town.

Altogether, Medford dug himself deeper during his testimony.

Next the defense called Erik Lioy, an expert in forensic accounting, who had examined all of Medford’s and girlfriend Judi Bell’s financial records for the years in question. Lioy’s testimony seemed tapered to fit the defense. He used gross income figures to illustrate that the pair’s gambling losses were entirely explicable and affordable, instead of net income which, in 2006, should have deducted Medford’s alleged $45,000 in charitable giving. Lioy also glossed over the idea that the records he examined from Harrah’s ONLY INCLUDED gambling done while the pair used their membership cards. Gambling without use of a card would be invisible unless a person won more than $1200 at one time on one machine.

Asst. U.S. Atty. Richard Edwards shredded Lioy’s credibility on cross-examination.

Medford’s defense concluded with three character witnesses who all said Bobby is trustworthy.

Guy Penland’s attorney Paul Bidwell offered three character witnesses who all like Guy a lot. Then he questioned FBI agent Michael McNeely with the intent of casting doubt on the testimony of prosecution witness Tracy Bridges. Bidwell failed in the attempt.

That’s it for today.