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Retrospective of Star Witnesses Nick Bailey & Lanny Young
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Nick Bailey |
Lanny Young |
| The Conspiracy |
"We had an absolute agreement. Whenever Lanny wanted something ,we would do it for him, and whenever we wanted something, Lanny would do it for us." Although he said there was never any discussion about the agreement, Bailey said that the absolute agreement evolved over time. |
"When I asked them for things, I did things for them so they would do things for me." If Siegelman became Lt. Governor, "I would like it if he would do things for me and my business." |
| Education |
University of Alabama – degree in corporate finance |
Three years at Jacksonville State University (no degree) ROTC for
seven years. |
| Occupation/Position |
Early: Siegelman driver and aide. During administration: Confidential assistant and head of ADECA. |
Business man. Owned clothing business. Also had businesses associated with landfills and political consulting. |
| Scrushy/Siegelman charge |
Says he witnessed Scrushy going into a private meeting with Siegelman, and after this meeting, Siegelman had a check for $250,000 and said "he’s half way there." He also said that Eric Hanson told him that Scrushy wanted the CON Board seat. The defense disputes the day of the meeting and that Siegelman could have had the check on that day; and that there is any direct or verifiable evidence that a quid pro quo existed between Siegelman and Scrushy. Bailey recently changed story to say there "may" have been two meetings. The only document Bailey says exists about this transaction is the check. Bailey says that he changed his mind about the date of the Scrushy meeting while he was driving home. According to Bailey, Scrushy was one of four people targeted for large contributions to the lottery campaign. Bailey also told about driving to HealthSouth headquarters, with Siegelman, to pick up the other $250,000 check. Nick Bailey was in possession of the notes (302s) the FBI had taken of this interviews, and even though his answers to questions changed, he never attempted to have the notes corrected. In different meetings over time, Bailey used various versions to describe the Scrushy-Siegelman meeting: Saying that Jim Goodreau was there and that he was not there; saying the meeting was in June and that it was in July; saying that it was Eric Hanson, and not Scrushy, that was to bring the check to the meeting. |
He had no role in this charge. Young did not know Scrushy and couldn’t identify him. |
| Campaign Contributions |
Not involved in this. |
- Said that he gave caps and shirts totaling $58,750 to the Siegelman Lt. Governor campaign. This figure was disputed because it was calculated using retail costs and because he no documents or other evidence that can fix the number of items donated or the actual costs of the merchandise.
- He had mugs made for Siegelman’s wife. Fixes the price at $13,453.
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| Waste Management & revenue ruling |
- He said that he made no calls to Cherokee county, and he has no direct knowledge of Hamrick or Siegelman doing anything to effect matters in Cherokee county. He said that Lanny told him that Paul Hamrick made calls.
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GH Construction |
- He believed the project would be a good deal for the state. Both the prosecution and defense agreed that it would be.
- He had the responsibility of overseeing the GH construction project.
- Bailey brought Lanny Young and Curtis Kirsch into the GH construction project.
- Bailey said that he approved vouchers to be paid out for the GH construction project, and that Governor Siegelman had no knowledge or involvement in these payments.
- He said that he talked to Hamrick about this problem a number of times.
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- GH Construction was set up in the names of Bryan Broderick and David Green. It was set up like this, at the request of Bailey, to cover up the connection to Young.
- Young had never done a construction project like this.
- He said that he thought the project was a good idea.
- Young stood to make $1.6 million on the project.
- The project fell apart after there were news accounts published about the project.
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| Talladega Super Speedway |
He said that Lanny got credit for Sunday beer sales at the speedway, but otherwise did not say that he was involved in this incident. |
- He talked to Hamrick, Siegelman and Bailey about getting Sunday beer sales at the speedway. Siegelman gave him credit for the beer sales, but it was never clear what was done on the speedway’s or Young’s behalf, to achieve this.
- He says that Grant Lynch, president of Talladega Speedway, asked Young to help him with the beer sales, and that he facilitated a meeting between Lynch, Bailey and Siegelman.
- Young bought Siegelman a helmet so the (then) Lt. Governor could ride around Talladega in Dale Earnhardt’s car. It was for a charity cause.
- The Sunday beer sales at Talladega was passed by a unanimous vote of the state senate.
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| Motorcycle & ATV gifts |
- Siegelman paid for the motorcycle with a personal check. Bailey first told investigators that he borrowed money from Young to buy the bike (and repeated this story to investigators at least three times.) He also wrote a check to Siegelman’s wife, Lori Allen. Bailey called his insurance company to cancel a policy on this motorcycle.
- Bailey told Young to buy the ATV for Siegelman.
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- Young got a call from Nick Bailey, and was told to buy ATV for Siegelman. He bought it and delivered it to the governor’s mansion. Around this time, the Governor wrote a thank you note, but it was mostly a form letter, and it did not specify what Young was being thanked for. Spent $5,400 for the ATV and trailer. It is registered to Siegelman.
- Siegelman told Young to get with Bailey on the purchase of a motorcycle.
- Young said that he didn’t know the motorcycle had already been purchased, when he wrote the checks.
- Young was later paid back for the motorcycle and although he said he thought it was a scam or corrupt, he said that his attorney said it was alright to cash the check.
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| Paul Hamrick |
Bailey said that Paul Hamrick talked to legislatures about the beer sales at Talladega, but he could not remember who. |
- Young said that he gave a check for $25K for the purchase of a BMW. Told the FBI he did not ask Hamrick to do anything for the car.
- Hamrick told Bailey he needed $6K to cover money for owed to stockbroker. This money was later paid back.
- Lanny Young was good friends with Paul Hamrick, and they would pass money back and forth as each other would need it.
- In late 2004, Young was arrested for DUI. Paul Hamrick gave $500 to his wife for his bond.
- Lanny Young lived with Hamrick for awhile.
- There are no references to Hamrick in either his plea agreement for crimes committed in association to this trial, or for the extortion of Philip Jordan.
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| Lanny Young – Nick Bailey |
Lanny Young gave over $100,000 to Nick Bailey. |
- He asked Nick Bailey to set up a meeting with commissioner of revenue.
- Bailey would often call Young to ask him to do things, e.g. donate money to PACs or matters relating to setting up the GH construction deal.
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| Nick Bailey (individual) |
Had financial problems related to failed ventures in cattle futures. He made plea agreement with government June 23, 2003. He has yet to be sentenced. He never saw Young give money to Siegelman. Nick Bailey also called Don Siegelman the "smartest politician" he has ever seen. |
- He was making cash payments to Nick Bailey.
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| Lanny Young (individual) |
Nick Bailey was usually the go-between from Siegelman and Hamrick to Lanny Young. |
- He said that he picked up tabs for Paul Hamrick and Nick Bailey.
- He provided rides on his airplane after 1998, and charted some flights before that time.
- Young said he visited with Siegelman or Hamrick weekly.
- Filed for bankruptcy at least three times (2 for his business and 1 personal)
- Lanny Young also wrote many checks for cash or to PACs (at Bailey’s request) but it was unclear from testimony exactly where this money went. The money he was supposed to have given Siegelman totaled over $250,000
- He said his business went bankrupt over NAFTA. It turns out NAFTA wouldn’t be implemented for another two years, but he said it was because of the change in the industry leading to NAFTA.
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| Other co-conspirators |
Bailey got over $200,000 in goods and services from other people, including Anthony Fant, Jim Lane, Milton McGregor and Curtis Kirsch. |
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| Truths & Lies |
Truths
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Truths
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| Prosecution Gains |
- Witnesses have said that Richard Scrushy did not want his contributions disclosed, and they were not disclosed.
- It is clear that Scrushy was appointed to the CON Board after giving contributions totaling $500K to the lottery fund.
- He says that Siegelman asked him to get money from Lanny Young for the motorcycle, and Lanny Young did write some checks.
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- The $25,000 check to Paul Hamrick, for the BMW.
- Young said he felt the check for the motorcycle was a scam or corrupt.
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| Defense Gains |
- None of the money Nick Bailey received from various people went to Don Siegelman. It appears that Nick Bailey benefited more than anyone.
- He admitted that he never entered an agreement to use Siegelman’s office to do anything illegal. He said that committing crimes was never part of the agreement, and that he never heard Siegelman say that he would do anything illegal or immoral for Lanny Young.
- There is a Nick Bailey level of insulation between what he says happened and what he actually witnessed. He was not in meetings between Allen and Siegelman; between Scrushy and Siegelman; and between Young and Siegelman.
- There is no direct evidence about what transpired between Siegelman and Scrushy, and over time, Nick Bailey told related multiple versions of the Scrushy-Siegelman meeting.
- Bailey stands to gain a lot from his plea agreement, which he has yet to be sentenced for, in terms of both a reduction in sentence and crimes he was not charged with.
- The IHS check was not in Alabama on the date Bailey says he saw it with Don Siegelman.
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- There is little, if anything, that ties anything that Lanny Young did to specific acts given in return, by the Governor or his administration.
- Although Hamrick was supposed to have made a call to the county attorney, the Cherokee County commission vote was about a county issue, and had nothing to do with state government.
- Young was not able to articulate what was wrong or illegal about the waste management issue, except that he was friends with Paul Hamrick.
- The sheer number of lies and the constantly changing story made him a not very reliable witness.
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