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The Defense Witnesses  

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Witness Title/Role Day Attorneys Brief synopsis
Alva Lambert Director of State Health Planning and Development Agency 1-2 US/Direct: Franklin
Siegelman: Kilborn
Hamrick: Deen
Scrushy: Butts
Discussed the CON board and how the appointments are made. He said there was nothing that he could see that was improper about Scrushy's appointment or his serving on the board, and that his appointment made sense.
Nick Bailey Former Siegelman aide 2-5 US/Direct: Feaga
Siegelman: McDonald
Hamrick: Deen
Scrushy: Leach
Discussed his involvement in alleged conspiracy, described as an "absolute agreement" between Bailey, Siegelman, Hamrick and Lanny Young. According to Bailey, whatever Lanny wanted or needed was supposed to be provided by Siegelman, Hamrick and Bailey; and whatever Siegelman, Hamrick and Bailey needed was supposed to be provided by Young.
Derrin Cline Finance Director for Siegelman 6 US/Direct: Franklin
Siegelman: McDonald
Hamrick: Deen
Roberts: Baxley
Scrushy: Butts
He oversaw fundraising operations for Siegelman's campaign, and for the lottery campaign. Received the IHS check.
Raymond Bell Appointments Secretary for Siegelman 6  US/Direct:: Franklin
Siegelman: Kilborn
Hamrick: Deen
Scrushy: Helmsing
Discussed the process of making the appointments to the CON Board.
Josh Hayes Appointments Secretary for Siegelman 6 US/Direct: Franklin
Siegelman: Kilborn
Hamrick: Deen
Scrushy: Helmsing
 
Made appointment of HealthSouth's Thomas Carman to the CON Board after Scrushy resigned.
Marge Sellers COM Board chairman 7 US/Direct: Franklin
Scrushy: Gray
Siegelman: Kilborn
Hamrick: Nicrosi
Former executive director of Alabama Nursing Home Association. She was appointed to CON Board at the same time Scrushy was
William McGahan Investment Banker at UBS-Warburg 7 US/Direct: Franklin
Scrushy: Leach
Siegelman: Kilborn
Said that Mike Martin and Scrushy pressured him for a donation to Alabama Educational Lottery Foundation. He was a friend of Martin's.
Leif Murphy Treasurer of HealthSouth 7 US/Direct: Franklin
 Scrushy: Leach
Talked about arranging and receiving check from IHS.
Michael Martin CFO of HealthSouth 7-8 US/Direct: Franklin
Siegelman: Kilborn
Scrushy: Butts
Talked about pressuring Bill McGahan for a donation to Alabama Educational Lottery Foundation. He said the check "smelled bad," but didn't know of any illegal about it.
Jabo Waggoner Former State Senator & HealthSouth VP 8 US/Direct: Franklin
Siegelman: Kilborn
Scrushy: Gray
Testified about going to Montgomery with Richard Scrushy and Loree Skelton, where Scrushy met privately with Governor Siegelman.
Charles Terry Pickett, Jr. (former) CFO of IHS 8 US/Direct: Franklin
Siegelman: Kilborn
Scrushy: Gray
Testified about getting the request for a donation from Bill McGahan, and subsequently having a $250K check cut, and sent to Leif Murphy at HealthSouth.
Loree Skelton HealthSouth Attorney- in charge matters concerning COMs and state regulations 8-9 US/Direct: Franklin
Scrushy: Leach
Siegelman: Kilborn
Testified about the meeting between Siegelman and Scrushy, and about the involvement of Tim Adams and the CON Board, as it related to Richard Scrushy.
John Morrow Attorney for Brookwood Medical Center 9-10 US/Direct: Perrine
Scrushy: Butts
Attorney for Brookwood Medical Center, that was a competitor with HealthSouth. He testified about some contested CON Board actions, but his testimony was stricken from the record by order of Judge Fuller
Todd Bear Executive Vice President- First Commercial Bank 10 US/Direct: Feaga
Siegelman: Kilborn
Scrushy: Helmsing
 
Testified about an account Nick Bailey opened at the bank for the Alabama Education Foundation, and a loan that Bailey took out with Siegelman as a guarantor.
Theresa Griswold Executive VP at Colonial Bank 10 US/Direct: Feaga
Siegelman: Kilborn
Scrushy: Gray
Questioned about a line of credit the Democratic party opened at her bank, and how it was paid off.
Ed Packard Works in Secretary of State's office 10-11 US/Direct: Feaga
Siegelman: Kilborn
Hamric: Deen
Scrushy: Leach
 
Discussed campaign laws and regulatory restrictions from the point of view of the Secretary of State's office.
Chuck Granger, Dr. (formerly) Counsel for Secretary of State 11 US/Direct: Feaga
Siegelman: Kilborn
Testified about notifying the Attorney General about problems with the AEF.
Lanny Young Businessman/ conspirator 11-14 US/Direct: Feaga
Hamrick: Deen
Siegelman: Kilborn
He was part of Nick Bailey's "absolute agreement," and described giving money to Bailey, Siegelman and Hamrick in exchange for favors in return. He is a convicted felon.
Tim Burgess Cherokee County administrator 14 US/Direct: Fitzpatrick
Hamrick: Deen
Put on the stand to authenticate some documents.
Philip Jordan Cherokee County Judge 15 US/Direct: Fitzpatrick
Siegelman: Kilborn
Hamrick: Deen
Pleaded guilty to taking bribes from Lanny Young. He said the project he was bribed for would have been approved regardless of Young's involvement. Mentioned some conversations with Hamrick and Siegelman about Lanny Young
Robert Seelack Mead Company 15 US/Direct: Feaga
Siegelman: Kilborn
Put in to authenticate letter.
Norwood Kerr from Alabama Archives and History 15 US/Direct: Pilger
Siegelman: Kilborn
Authenticated some documents about the passing of the Sunday beer sales at Talladega bill
Pat Harris Asst. Secretary of Alabama Senate 15 US/Direct: Fitzpatrick
Siegelman: Kilborn
Hamrick: Deen
Talked about the process of passing bills, and about the circumstances of the Sunday beer sales at Talladega bill.
Lisa Kardell Lobbyist 15 US/Direct: Perrine
Siegelman: Kilborn
Hamrick: Deen
Spoke about an encounter she had with Paul Hamrick in Washington DC.
Claire Austin Lobbyist 15-16 US/Direct: Perrine
Siegelman: Kilborn
Hamrick: Deen
Scrushy: Leach
Roberts: Baxley
Discussed her business relationship with Lanny Young
Wade Hope Counsel- Alabama Dept. of Revenue 16 US/Direct: Feaga
Siegelman: Kilborn
Spoke about revenue due that gave Chem Waste a tax break.
Katheye Howard Billing Clerk - Chem Waste 16 US/Direct: Perrine Verified some records
Loretta Nelson Revenue Manager for Alabama Dept. of Revenue 17 US/Direct: Perrine
Siegelman: Kilborn
Hamrick: Deen
She had some spreadsheets she had made that showed the decline in revenue after Chem Waste got the revenue ruling that reduced per tonnage taxes.
Pat Hagler State of Alabama Dept. of Finance - Debt Management 17 US/Direct: Feaga\
Hamrick: Deen
Siegelman: Kilborn
She discussed a board meeting where a company (Sunbelt Environmental) partially owned by Bill Blount was moved from the 13th spot to the 5th spot on a list of companies that would be allowed to sell tax exempt bonds.
Fred Simpler State Attorney 17 US/Direct: Feaga
Siegelman: McDonald
He was in on meetings concerning the GH Construction project, and was the attorney that approved the lease forms. He said it was Siegelman's job to assure that it was a good deal.
James Ramage, III Bank of Brundage (he is mayor of Brundage) 17 US/Direct: Feaga
Siegelman: Kilborn
 
He was involved in loans for the GH Construction project and personal loans for Lanny Young
Bill Blount Investment Banker 17 & 20 US/Direct: Feaga
Siegelman: McDonald
Hamrick: Deen
Blount was the underwriter of the GH Construction project. He also helped Lanny Young with some personal loans, at the request of Paul Hamrick.
David Campbell Bondsman 17 US/Direct: Perrine|
No Cross
He was involved with the GH Construction project. They initially did not approve it because the company did not have tne necessary resources. They later did it partially because of Bill Blount's participation and partially because the deal was restructured.
Lee Miller Alabama Dept. of Finance 18 US/Direct: Feaga
Siegelman: McDonald
 
He was wary of the project because of the people involved, but said it wasn't really his place to make this kind of determination.
Jimmy Allen Bridge Builder 18-19 US/Direct: Pilger
Siegelman: Kilborn
Roberts: Baxley
Allen said Siegelman demanded $100,000 from him because he didn't support him in the campaign, and they later settled for $40K with the assurance he could pick the ALDOT director. His employee, Mac Roberts, was later selected as director. He has a non-prosecution agreement.
Philip Rawls Journalist for AP 19 US/Direct: Fitzpatrick
Roberts: Baxley
He wrote a story about the relationship between Allen and Roberts.
Frank Corsin Transportation Engineer for ALDOT 19-20 US/Direct: Feaga
Roberts: Baxley
Siegelman: Kiborn
He knows Mac Roberts and has extensive experience in road building.
Don Vaughn Chief Engineer at ALDOT 20 US/Direct: Pilger
Roberts: Baxley
Siegelman: Kilborn
He talked about the testing, and the on-again, off-again nature of its use on Alabama's roads
Joe McInnes Director of ALDOT (current) 20-21 US/Direct: Franklin
Siegelman: Kilborn
Roberts: McKnight
Discussed why the state does not use RainLine today.
John Dickerson Research engineer for ALDOT (former) 21 US/Direct: Feaga
Roberts: McKnight
Siegelman: Kilborn
Talked about how he didn't like RainLine and about how it failed some tests. He appeared to still be angry about ALDOT and Mac Roberts.
Paul Boland Works for ALDOT (was Director after Roberts) 21 US/Direct: Franklin
Siegelman: Kilborn
Roberts: McKnight
He talked about why they killed RainLine post-Roberts.
Steve Arnberg Realtor 21 US/Direct: Franklin
Roberts: McKnight
 
Discussed Jimmy Allen helping Mac Roberts sell a house and buy another one.
Mac Marcato Inventor of RainLine 22 US/Direct: Pilger
Siegelman: Kilborn
Roberts: McKnight
Discussed his RainLine product and a call he took from Siegelman where the Governor asked for a $250,000 campaign contribution.
Nancy Marcato Wife of Mac Marcato 22 US/Direct: Pilger
Siegelman: Kilborn
Roberts: McKnight
Discussed the records she kept for RainLine Inc. and talked about the Siegelman phone call.
Anita Muller Banker- Research Manager 22 & 26 US/Direct: Feaga
Siegelman: Kilborn
Worked at Colonial Bank- Custodian of Records. Verified some checks. 2nd Time: Talked about money going to PACs.
Mona George Banker- District Operations Manager 22 US/Direct: Feaga
Siegelman: McDonald
Worked at Compass bank. Discussed checks to PACs -- Custodian of records.
Jerry Marion Lawyer- Office Manager for firm 22 US/Direct: Fitzpatrick
Siegelman: Kilborn
Verified some wire transfers. - Custodian of records.
Janis McDonald Elections Director - Secretary of State's office 22-23 US/Direct: Pilger
Siegelman: Kilborn
Discussed payments that went to PACs and eventually to Siegelman's campaign fund.
Beth Crain Lanny Young's Secretary 23-24 US/Direct: Perrine
Hamrick: Deen
Siegelman: Kilborn
 
Her appointment book was picked through. She talked about the GH Construction project, and said Lanny told her that he gave case to Paul Hamrick.
Chris Hutchins Banker- Regent's Bank 24 US/Direct: Feaga
Roberts: Baxley
Verifies the Jim Allen Black Warrior Parkway checks, written to PACS and the $71,000 check to Mac Roberts
Sandy Parker Banker - Merchant's Bank 24 US/Direct: Feaga
No-Cross
Nick Bailey's bank records. One of them is the $9,200 motorcycle check.
James Massarano Stern Agee & Leach 24 US/Direct: Feaga
Siegelman: Kilborn
Hamrick: Deen
Testified that they informed Hamrick of a margin call, and after a first check bounced, they got a wire transfer to cover it.
Calip Hopkins Loan Review Specialist - 1st Commercial Bank 24 US/Direct: Feagaz
No-Cross
Said that 1st Commercial is FDIC.
Deanne Siebert Banker - Wakovia Bank 24 US/Direct: Feaga
Hamrick: Nicrosi
 
Put in signature card for Paul Hamrick and showed some deposits into Hamrick's account. Shows some statements and checks from a Lanny Young account.
Gail Traylor State of AL - Dept. of Examiners 24 US/Direct: Fitzpatrick
Siegelman: Kilborn
She verifies the executive branch of the government receives more than $10,000 annually.
Jackie Graham State of AL - Personnel Dept. 25 US/Direct: Feaga
Siegelman: Kilborn
Hamrick: Deen
Roberts: McKnight
Verified the positions, salaries and (some) ages of Siegelman, Hamrick, Roberts, Bailey, James Hayes, Ted Hasp, Susan Kennedy, Ken Funderburk, Henry Mabry and Ran Garver
Sandra Horn AL State Comptroller 25 US/Direct: Feaga
Hamrick: Deen
Talks about position and salary of Lt. Governor
John Sanzo Pilot 25 US/Direct: Pilger
Siegelman: McDonald
Hamrick: Deen
 
Flew Lanny Young's airplane.
Billy Stinson CFO of United Toll Systems 26 US/Direct: Perrine
Roberts: Baxley
Talks about the $71K that Roberts got, and the contracts of Burke-Kleinpeter and TTL.
Gary Moore Asst. Consultant Management Engineer for ALDOT 26 US/Direct: Perrine
Roberts: Baxley
Siegelman: Kilborn
Talks about contracts with Burke-Kleinpeter
Rose Lawler Controller of care company 26 US/Direct: Feaga
No cross
Discusses lease of Hamrick's BMW.
Candida Jumallon Insurance Agent 27 US/Direct: Franklin
Siegelman: Kilborn
Insured the motorcycle and a car owned by the campaign.
Audie Ward Motorcycle & ATV salesman 27 US/Direct: Franklin
Siegelman: Kilborn
Sold the ATV that went to the Governor's mansion.

The Defense

The Witnesses for Mac Roberts
Jennifer Marcato Daughter of Mac Marcato- RainLine 28 Direct: McKnight
US/Cross: Feaga
She said that she acquired minutes from a meeting discussing RainLine after filing a Freedom of Information Act request. The authenticity of these minutes had been questioned earlier.
Lowell Barron AL State Senator 28 Direct: Baxley
US/Cross: Feaga
He supported Mac Roberts for Highway Director
Charles Swann City Administrator of Northport AL 28 Direct: McKnight
US/Cross: Feaga
He fought to have road and bride funded to route traffic around Tuscaloosa (Western Bypass).
Perry Hand Former State Senator, Secretary of State & Highway Director 28 Direct: McKnight
US/Cross: Feaga
Character witness: He said that he believes Roberts is a "man of integrity."
Ron Green Bureau Chief of Hiring and Promotions - ALDOT 28 Direct: McKnight
US/Cross: Feaga
He was first African-American to become part of ALDOT administration. Said Roberts was "most honest person he has ever worked with."
Richard Lindsey AL State Representative 28 Direct:
Siegelman: Kilborn
US/Cross: Feaga
He spoke about getting about 100 signatures of 105 representatives, in support of Siegelman picking Mac Roberts as Highway Director.
Francis Allred Retired from ALDOT 28 Direct:
Sigelman: Kilborn
US/Cross: Feaga
Character witness: He said that Roberts always stressed that if something was against the law, the wouldn't do it
Rosemary Johnson Worked at ALDOT 28 Direct: McKnight
Cross: Feaga
Character witness: Said that Roberts was very ethical.
William Meehan President of Jacksonville State 28 Direct:
No Cross
Character witness: Said that Roberts was on the Board and that he believes he is law abiding and a man of his word.
 

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