“Now it begins. Let it begin.”

Today I’ll be in a federal courtroom covering the trial of Bobby Medford. My intent is to follow this one gavel-to-gavel and file frequent updates here. At the same time, this is the final week of my campaign for county commission. Hoo boy!

Judge Thomas Selby Ellis III has promised that jury selection will be swift and that opening arguments will begin before adjournment today. Back atcha later.

(The title of this post seems appropriate to me, excerpted from John Lennon’s throw-away dittie “Clean-up Time.”"

Medford trial delayed a bit

Former Buncombe County Sheriff Bobby Medford was slated to face trial tomorrow on federal charges of money laundering, mail fraud, extortion and abuse of public office, all connected to illegal gambling. But his attorney, Stephen Lindsay, obtained a 30-day continuance, arguing that he had had too little time to wade through a roomful of evidence and piles of depositions accumulated for the case. Nearly three dozen others swept up in a multi-state investigation have pled guilty at this point, including two of the men charged in the 19-page Medford indictment.

Things don’t look too good for Bobby. One of his co-defendants who pled and cooperated with prosecutors still got 80 years in the can. It appears all but certain to this observer that Medford will spend the rest of his life in prison.

Medford lawyer pitches delay

 

On St. Patrick’s Day, Bobby Medford’s lawyer, Stephen Lindsay, filed a motion to continue his client’s trial which is slated to begin on March 25. The move is unsurprising, given that Lindsay has only had a couple of months to examine what is described as a large roomful of evidence, but it could well fall on deaf judicial ears. Presiding Judge Thomas Selby Ellis III announced during Medford’s bond hearing in January said, “It will begin March 25. I’m from a jurisdiction where continuances are as rare as hen’s teeth.”

Several weeks ago, Assistant United States Attorney Richard Edwards noted that the trial date exceeded the 70-day limit imposed by the federal speedy trial law, and brought it to the court’s attention on Feb. 11. At the time, Edwards told the court that he believed Medford’s defense team would need more time to evaluate the mass of evidence gathered in the case. I interpreted that statement as giving Lindsay an opening to request delay, but legal experts I have consulted tell me that Edwards’ motion was necessary to protect the case. If no mention of the speedy trial violation had been entered, and the trial had simply proceeded as planned, the case could have been dropped on that technicality.

The court has until March 30 to rule on the continuance. Stay tuned.

Tickets with all the fixin’s

Thursday’s court hearings in the Medford gambling saga revealed that former Capt. Tracy Bridges was assigned by the former Sheriff to fix tickets in both Carolinas.

This brings to mind similar charges that emerged during the Pete Bradley and DMV cases, which allegedly tied Medford to ticket fixing in Woodfin. Bradley’s case was settled out of court for a large sum of money and the DMV investigation only resulted in conviction of fringe players. It will be fascinating to see how much old dirt is turned over as the Medford trial proceeds.

As my pal Brian Sarzynski reported back in 2002, in a story about the Bradley case: “Woodfin Mayor Homer Honeycutt—who’s both an elected official and an employee of the Buncombe County Sheriff’s Department— has been captured on tape boasting to a Woodfin police officer about fixing tickets. Fixing tickets is patently illegal, and such a boast by an elected official should be taken seriously indeed.

“Why does Honeycutt drive an unmarked sheriff’s cruiser equipped with a radio and blue lights, as several Woodfin residents and officials have alleged? And why have numerous Woodfin residents—including one of the six members of the town’s Board of Aldermen—reported that Honeycutt has been seen on many occasions driving the county-owned vehicle to campaign functions (before he was elected) and using it to conduct town business (after he was elected mayor)?”

If you’re curious about the gambling connection with Honeycutt, look no further. Honeycutt was in charge of registration of gambling machines in Medford’s office, the position later occupied by Johnny Harrison, now a codefendant with Medford in federal court.

Small world.

Medford trial delayed?

As I noted in mid-January, Judge Thomas Selby Ellis III, tapped to preside over the trial of former Buncombe County Sheriff Bobby Medford, said, “It will begin March 25. I’m from a jurisdiction where continuances are as rare as hen’s teeth.” Could be, but Assistant United States Attorney Richard Edwards has indicated that he believes Medford’s defense team will need more time to evaluate the mass of evidence gathered in the case.

Edwards’ reasons for such a statement might come from three sources:
1) He doesn’t want Medford to have the basis for an appeal later based on his defense being rushed to trial.
2) He isn’t really ready to try the case and needs more time himself.
3) He may either have further related indictments pending or hope to flip other defendants before trial. There is considerable pressure on Medford’s codefendants, Ronnie “Butch” Davis, Guy Penland and Johnnie Harrison to turn state’s evidence. Old men faced with what could prove to be de facto life sentences might easily decide to buy less time in the slammer by turning on their boss. And, assuming that the court’s ban on communication between the men is enforced, each must be wondering what the others will do.

That’s always the rub in criminal conspiracies: those willing to break society’s written rules may not embrace strong ethical commitments to unwritten rules of friendship.

Meanwhile, Medford, now out of jail, albeit on a short electronic leash, has no reason to push his attorney Stephen Lindsay to request a speedy trial. A heavy smoker with a history of debilitating health problems, the former sheriff is running out the clock himself, and house arresst at his sister’s home has to be more pleasant than a steel cage. Given the large roomful of evidence amassed in the case, and the dozens of witnesses involved, it isn’t unreasonable for Lindsay to seek more time.

So Lindsay will ask for a continuance, Ellis will glower and Edwards will urge the judge to assent.

Any bets on a trial date? I’m thinking May 27.

Hot Dog King cooks Medford’s weenie

As I reported in Asheville City Paper last December, Demetre Theodosis, owner of the Hot Dog King gambling and restaurant chain, was cooperating with Federal authorities in prosecution of former Buncombe Sheriff Bobby Medford. I noted: “The indictment lists a ‘DT’ who is cooperating with the government and who was out of the country last October. Theodossis fits the description.”

Details of the HDK deal have come to light following a guilty plea by Theodosis last week. In exchange for his cooperation with prosecutors, the Hot Dog King pled guilty to illegal gambling and two counts of fraud and false statements. He will pay more than $330,000 in taxes and penalties to the IRS (for undeclared gambling income), a $750,000 fine and be liable for up to 11 years of prison time. As part of the deal, no other members of Theodosis’ family will be prosecuted in the ongoing investigation of WNC gambling.

As I noted in a previous blog post, the only way to reduce that active sentence is be very cooperative with prosecutors. It would appear that Medford is likely to be slow-roasted on the HDK grill.

Third source seems to corroborate Medford/Shepherd gun rumors

Public Information Officer Ross Dillingham, of the Buncombe County Sheriffs Department, told me that his agency is investigating two alleged robberies of Jackie Shepherd’s Cherokee Trading Post. I had previously been told by two sources that: a) guns missing from the BCSD evidence locker in a November 2006 audit had been sold by former Sheriff Bobby Medford to Shepherd; and b) that District Attorney Ron Moore had been asking questions of possible suspects about theft of the same guns from the trading post. This third confirmation of the story from an official spokesperson strengthens the assertions from my previous informants (both involved in law enforcement).

Seems to me it would sure be convenient if guns from the evidence locker, sold to the trading post, disappeared in a robbery. Check out this week’s Asheville City Paper for more on this story.

Independent tips link Medford-guns-Shepherd

I have learned from two widely separate sources that law enforcement authorities seem to have connected the dots concerning a December 2006 audit of the Buncombe County Sheriff’s Department evidence locker*. According to my informants it appears that former Sheriff Bobby Medford sold guns from the locker to his friend and campaign contributor Jackie Shepherd.

My first source, a former BCSD detective now working in another agency, told me he offered evidence to the FBI that Medford sold at least some of the guns to Shepherd, and at least one of the guns to a private individual who still owns the weapon. According to the detective, that individual who asserts he was present when Medford conveyed multiple guns to Shepherd, has also talked to the FBI.

My second source, with connections to the office of District Attorney Ron Moore, told me that Moore is questioning possible suspects in the robbery of guns from Shepherd’s Cherokee Trading Post—guns Moore is said to believe came from the evidence locker. At this writing Moore has not returned my phone call inquiring about his investigation.

*As I reported in another publication last June, “Among the items that could not be accounted for were $217,769 in cash, 233 handguns, 114 shotguns/rifles, and drugs noted on 1,318 evidence-reporting sheets. In addition, the report says, ‘Numerous evidence items were found with no case identification markings including drugs, guns and rape kits.’”

Medford claimed the guns had been buried in concrete under the new jail, an assertion prompty refuted by the jail administrator, and blamed the rest on poor bookkeeping. Maybe the bookkeeper got into the evidence bags?

Pretrial speculation and analysis

Assistant U.S. Attorney Richard Edwards‘ willingness to release Ronnie Davis, Johnny Harrison and Guy Penland to home detention and unwillingness to release Bobby Medford, suggests that Medford’s three co-defendants may have already cut deals with the prosecution and that Medford is holding out.

In the course of the hearing, Edwards said “The de-Baathification of local law enforcement agencies is ongoing,” which is unsurprising, given the extent of Medford’s alleged crimes. Many former deputies I interviewed over the past several years were well aware of corruption in the department. One of my sources told me this week that he gave the FBI information about alleged sales of guns from the Buncombe County Sheriff’s Department evidence locker by Medford to Jackie Shepherd, a defendant in a related case. This source told me that a first-hand witness to at least one such sale has also been interviewed by the feds.

Judge Thomas Selby Ellis III made a pointed observation from the bench during yesterday’s hearing. He asked Edwards, “Did he [Medford] have a second in command?”

“Yes. Chief Deputy George Stewart served under Medford for 12 years,” was the reply.

Ellis: “His absence seems conspicuous.”

Indeed it does. The chief deputy’s wife, Sharon Stewart, was Medford’s secretary and his frequent companion on excursions to Harrah’s Casino according to multiple sources inside and outside the department.

At minimum we are going to see many current and former law enforcement officials called as witnesses during the March trial, but it seems all but impossible that the arrests are complete.

The federal grand jury is still in session. The journey continues.

No shotgun wedding for Medford

Former Buncombe County Sheriff Bobby Medford will be released to house arrest following today’s hearing on an appeal of his detention. At the behest of the government prosecutors, his three co-defendants were accorded the same treatment by Judge Thomas Selby Ellis III.

The session started with consideration of Medford’s appeal, but after both the prosecution and defense had laid out their cases, Ellis set the matter aside to consider detention of his co-defendants. Medford was sent out and Johnny Harrison was brought into the courtroom. While Assistant U.S. Attorney Richard Edwards had argued for Medford’s detention, he immediately announced that the prosecution would move that Harrison, Guy Penland and Ronnie Davis, Medford’s codefendants, should be released to house arrest.

Each of the defendants was required to pledge substantial property or assets as a surety bond for release.

After a lunchtime recess, Ellis once again took up the question of Medford’s detention. While he affirmed that Medford’s age and potential sentence might amount to a life term and therefore pose a strong incentive for flight, Ellis said he deemed the likelihood of flight was small, particularly within the strict confines of house detention with radio monitoring. However he carefully weighed the strong possibility that Medford might attempt to obstruct justice through contact with potential witnesses, other collaborators or potential jury members. Ellis said that the question came down to the difference between the government’s monitoring of Medford’s communication from a jail and from home coupled with the chance that he would attempt or succeed in contacting others.

In the end, Ellis opted for strict home confinement. Medford would be restricted to his home except for pre-approved appointments with legal counsel or doctors. In the case of emergency medical care the judge said, “There will have to be an ambulance in the driveway,” in order for Medford to leave without previous clearance. But “home” proved to be a problem.

Medford has lived with Judi Bell for about two years. (Bell testified in court today that they have been an item for 20 years, but cohabited for two). The judge considered appointing Bell as Medford’s custodian, but Bell is likely to be called as a witness, so Ellis could not permit them to continue cohabiting pending trial. He noted that if they were married, Medford could claim that her testimony was privileged, but as cohabitants that was not permitted. Bell offered to move out, but that would have left Medford unmonitored.

Defense attorney Stephen Lindsay suggested that Medford and Bell could get married, “tomorrow,” in an apparent attempt to empower the marriage privilege, but Judge Ellis indicated his belief that the privilege would not be so extended.

In the end, the judge determined that Medford must live with his sister and her husband pending trial.”The trial is not far off,” said Ellis. “It will begin March 25. I’m from a jurisdiction where continuances are as rare as hen’s teeth.”

Medford and the others will be released as soon as probation office home inspections and bond paperwork are complete.