The hearing will get started shortly. The assembled cast of characters is seated. The small courtroom is packed. Judge .Coody is in the courtroom.
The judge is advising Scrushy why he is here. Scrushy acknowledges he understands. He has conferred with counsel. "I deny them," Scrushy says to the allegation. Witnesses are asked to wait outside the courtroom until time to testify.
Agent Keith Baker is the first witness. J.B. Perrine is doing the questioning. Baker is asked if he came to know of the violation. Mr. Parkman objects. The judge says the rules of evidence are not as stringent. Mr. Parkman explains to the judge why he objected. "There's not a jury here and I don't think I will be persuaded adversely," says Judge Coody.
Baker says,"On March 20 I received information that Mr. Scrushy and his family had plans to ...go to West Palm Beach and board his yacht....He was i(in Orlando) at the Saratoga Spa March 16 to March 20...Reservation made March 8..."
Baker is shown a document listing Scrushy and members of his family. The stay was to be four nights beginning March 16..."
Baker is asked about page 2. Judge says while the rules of evidence are not applicable, "You're going over a document that has not been admitted into evidence." Mr. Perrine asks Agent Baker about how he came by the document. It was faxed from Disney World...the exhibit is admitted. Mr. Parkman has no objection.
"The reservation paid in full on March 8, 2007."
Baker says "He went to Palm Beach, Florida...specifically to a place called the Sail Fish Club...an exclusive, private boating club...."
Mr. Parkman objects to the question of how much Scrushy had to pay for membership. The judge sustains Mr. Parkman's objections and orders Mr. Perrine to move on.
Baker says, "He traveled to the Sail Fish club to rendezvous with the ....a 92 ft boat..." Arrangements had been made according to the dock master they were notified it would be arriving on the 20th and leaving on the 21st. It is normally berthed at the North Palm Beach Marina.
The captain according to Baker was called by Scrushy in early March and told to have the boat ready.
Baker says, "According to the captain and the first mate the decks had to be cleaned and waxed...takes about a week's preparation...."
Baker says, According to Capt. Kirtz he received a $2,000 check to facilitate getting the boat ready...it was sent via Federal Express."
Baker says Scrushy and his wife, the nanny and five children boarded the yacht on March 20 at the Sail Fish Club.
The captain makes $69,000 a year to make sure the boat is maintained and is an employee of Marin Corp.
Baker is shown three documents from the Sail Fish Club dock master. The first page of govt exhibit 2 is a "Transient Docking...firm..." The vessel is normally moored at the North Palm Beach Marina...Scrushy is identified as the owner of the boat. Purpose of visit: "Dinner and Overnight."
There is an invoice Mach 31 showing the docking fees $181.67. There is a calendar of the dock master from March. The entry on 20 March says the Chez....is to arrive"
Baker says the dock master is left-handed. On the 21 March the annotation is to depart indicating the boat left on the 21st March.
Baker says,"After it set sail...from the Sail Fish Club it traveled down the inter-coastal waterway...."
Baker says on March 21 it stayed at BMR - "supposedly a yacht or boating club in Ft. Lauderdale...."
Baker says on March 22 "it left Ft. Lauderdale for the Miami Beach Marina..."
Baker say on the 22 it berthed at the Miami Beach Marina. On the 23rd it "relocated from the Miami Beach Marina to the Bay Beach Marina...next to the American Airlines Marina...."
On the 24th Scrushy and family went to airport by taxi or shuttle and the nanny was driven elsewhere by the captain's wife. There are documents from the North Palm Beach Marina being shown to Baker. Baker is asked about the second page a dockage agreement under Marin Limited for the boat Chez ....
$33,000 rent for a year's berthing at the Marina. According to the document Scrushy gave authorization says Baker. Baker is asked about a spreadsheet. The boat is berthed at Dock 10 on March 20. They perform docking checks in the morning. The boat is out of the Marina on the 21, 22, 23. There is not an X or circle for the 24. There is a check for the 25th. Baker says the captain says the boat left Miami on the 24th and returned to Palm Beach on the 25th.
Baker is now shown a series of photographs. Exhibits 4-12. "These are photographs of Mr. Scrushy's yacht at the Palm Beach Marina." Mr. Perrine took the photographs last Wednesday. The first seven from West Palm Beach the last two from Miami.
The boat is registered in Georgetown, CI(Cayman Islands) Baker is asked where he has learned the boat has sailed, "Nassau, Bahamas anywhere in the Caribbean..." How far can you go on a tank of gas? 6-800 miles. approximately 180 miles to the Bahamas.
The third photo0, is a photo of the #10 slip with the name of the boat. The next photo shows the same #10 on the dock sheet. #8 shows a white Ford Excursion...the vehicle is registered to Marin Corp. The captain indicated he was utilizing this vehicle...Gov't Exhibit 11 is a photo of a clothing score at 401 Biscayne Blvd in Miami Beach...like a mall area next to the marina...."My understanding that's where it docked on the 23rd..." The next photo is the actual marina looking out from the shopping complex.
Gov't 13 is a sales transaction slip. The judge asks the credit card number be redacted on the receipt.
The document shows Scrushy, Richard M. with his signature above that. It is an American Express credit card 539.28. Baker says he tried to talk to the captain,"I originally contacted via his home telephone...he answered the phone...I told him I wanted to speak to him...he said he was represented by Art Leach and would not talked and had been instructed by Mr. Scrushy not to talk to law enforcement...."
Baker later met with the captain to serve a subpoena. "He said his hands were tied...He indicated his employer told him not to talk...he said Mr. Scrushy had been good to him and he was his employee and everything he said to do he would do...all information that I received was he had not retained Art Leach as legal counsel..."
The judge wants to know when the conversation took place, "Part of it took place this morning and part of it took place on April 4..." As to the part when his hands were tied, "That part took place on April 4th at his residence..."
John Aaron was representing the captain this morning. The captain, according to Baker, said Aaron was appointed to him but he didn't know by whom.
Chez Soiree was not at the North Palm Beach Marina in June of last year some time between June 17 and June 18. The boat next appears on July 1, 2006 at the North Palm Beach Marina. Baker says according to the captain it was in the Bahamas awaiting Mr. Scrushy's arrival subsequent to the verdict of the trial in June. The captain received a phone call indicating Scrushy had been found guilty and would not be meeting the boat in the Bahamas.
Baker says "Prior to my contact he had in fact had contact with Mr. Scrushy...'he got wind that the FBI was asking questions around the Sail Fish Club...someone had told..the first mate...and Mr.Kirtz and he called the defendant Mr. Scrushy...."
The judge wants time and place added to the inquiry. Perrine asks when the conversation took place. "We first approached the Sail Fish Club April 4th and according to the captain it was before that...It's my understanding that members of probation may have traveled to the Sail Fish Club..."
Scrushy is alleged to have "advised Mr. Kirtz he was being represented by counsel and do not talk...what he (captain) told me this morning was that he was under counsel and do not talk..." This was between March 20th and April 4th the Scrushy conversation with the captain.
The captain said on April 4th he was represented by Art Leach and Scrushy told him not to talk.
Mr. Parkman is up. "I take it according to your testimony you talked to everybody...is there anybody left you haven't talked to that you felt you needed to talk to?" No sir.
Are you familiar with the probation officer, Tamara Martin? Yes sir...first time I talked to Tamara Martin was March 20...we had numerous conversations..."
Parkman: At anytime was it relayed to you by Ms. Martin she had talked to Mr. Scrushy about this trip?
What was the date she talked to Mr. Scrushy? Never asked? No says Baker.
"I do not know the date she talked to Mr. Scrushy."
Did he tell Ms. Martin he left on March 16, 2007 to go to Disney World? I'm not sure what he told Ms. Martin...She admitted he told her he went to Orlando..."
Baker says he did not ever interview her. Parkman you had numerous conversations and you didn't ask where the boat normally stayed? I wasn't talking to her when we were down in West Palm Beach.
Parkman reminds Baker he talked to Martin numerous times. Baker says he spoke to her this morning.
Talked to her on the 20th...Parkman's going through the dates..Baker is a bit flustered.
"How long had the boat been stored in North Palm Beach?" At least since August 05.
"Well we asked for all the records they had and the produced the records...they didn't indicate they had any (other records)..."
"We find the boat was moved on Tuesday to the Sail Fish Club...Did you ask Ms. Martin if Mr. Scrushy told her? No, says Baker
"Don't you think it would have been important to find out if he told Ms. Martin something different?
"It will come out in this hearing when Ms. Martin takes the stand," says Baker.
We had some technical issues. Mr. Baker says he does not know whether the captain was asked by Scrushy about how long it would take to get to certain islands in the Caribbean."
Mr. Perrine says Mr. Parkman is "badgering the witness." Parkman told the judge earlier he is trying to establish there was no attempt to flee.
Baker says had there been time he would have asked the question.
Baker says the captain is available, "If you so choose..you can put him up to just like we can."
Baker says he does not personally know that Scrushy got on an airplane and left Miami on the 24th.
"Did anytime...did the captain...tell you why he didn't want to talk to the FBI...?" "He said jump I'll jump..."
"Let's quit asking what this witness knows or doesn't know...we are straying so far...I am again not impressed by what may impress the jury...attacks on witnesses...because somebody could have dons something....let's move on...gain the information from the people who most likely have the evidence...move on...," says Judge Coody.
Parkman apologizes. He then asks Baker if Scrushy used an alias or an assumed name,"Not that I'm aware of," says Baker."
He indicated he had paid the attorney and it was not true. Did he indicate to you, you could call. It was a general conversation over the phone. "I don't know if the conversation ever got to me calling Art Leach. I don't know that I would..."
He would not answer questions about Art Leach,"says Baker when asked whether or not the captain would answer all questions this morning.
"Who's the convicted Felon...? Mr. Scrushy, says Baker after Mr. Perrine asks the question.
Tamar Martin, a Middle District probation officer, is on the stand. Mr. Feaga is asking the questions.
"I interviewed Mr. Scrushy on Oct 27, 2005 in order to prepare a pre-trial services report...."
"He did remain out...the defendant's travel was restricted to the Middle District of Alabama and the Northern District of Alabama..."
Did Mr. Scrushy have permission to travel to Orlando? "He did from March 16 to March 24...I became aware of that on Feb 21 of this year...Mr. Scrushy made the request through Mr. Burton...Mr. Burton sent the plans to me and I forwarded them to Judge Coody...."
Martin says, "He was given permission to travel to Orlando, Florida...where he would stay at Saratoga Springs resort and spa and travel back to Birmingham on March 24..."
Martin says there was nothing in the request she received from Burton about a request to travel to Palm Beach or Miami.
Martin says she became aware Scrushy "On Monday March...I received a phone call from Agent Keith Baker asking if I was aware the defendant would be leaving on a cruise."
"I became aware on March 21 that Mr. Scrushy had checked out of the....spa..." Martin says Scrushy did not call asking permission. "I spoke with him on Friday March 23...I had spoken to Mr. Burton...he had given me Mr. Scrushy's flight plans...he was going to leave Orlando at 10:05 am...Mr. Burton was out of the office so I contacted Mr. Scrushy...I found out he was down there with his family...he implied they were still at Disney World and they would be returning on the 24th..."
Martin says she believes Scrushy was indicating he was still in Disney World, but she says he did not specifically say he was in Disney World..."It was my concern Mr. Scrushy may be fleeing the country...we may not be able to get with him if we needed to take him into custody...."
Martin says during the phone conversation Scrushy did not tell her he had left the hotel in Orlando, but she knew he had already left. "On Tuesday March 27 he met with me and my deputy chief...wanted to verify where he had been and we wanted to bring him into his compliance with his terms of police...he sated he left Birmingham, flew Southwest, (to Orlando) checked out on Tuesday March 20, went to Palm Beach...got to Miami March 23...He stated he returned by his attorney Donald Watkins' private plane...flew from Miami to Birmingham...."
Martin says there was no explanation of the yacht,"He stated the yacht had been docked for two years and it was not good for it to have been docked for that long..."
Feaga is asking about the records which show the boat was out last year. Martin says that is not consistent with his statements. Martin indicates she filed a petition with the court, "basically asking the court to modify conditions of release...."
She says this is a way of "monitoring the defendant when he is out and about and make sure he is in compliance..."
Mr. Parkman is back up. "Go back...to Tuesday March 27...in your office...had you asked him to come there? Yes. He had a black older gentleman with him. (Did not come in with him) Mr. Scrushy came in by himself according to Martin.
Martin says she asked if Scrushy had traveled anywhere outside Orlando. "He stated to me where he traveled for those dates and how he traveled...."
Martin agrees Scrushy told him about the boat.
Parkman asks about a March 23 meeting. He did. "I called his cell phone of the number I had...That's the one Mr. Scrushy gave him...'
He answered her call immediately..."Did he ever say, I'm at Disney World?" No he did not says Martin.
Martin did not ask him specifically if he was in Orlando. "So he told you about the flight, the boat,...and how he got back...did he tell you about meeting with Donald Watkins?" Yes, he did.
Did you ask him about meeting with Mr. Watkins? No, I did not.
The flight on Watkins plane was direct from Miami to Birmingham. "Were you aware he called anyone with the probation office...?" "I believe Mr. Burton called me and told me Mr. Scrushy had left a message on his machine on Saturday."
Ms. Martin says she gets e-mail from Burton outlining "exactly what the defendant's going to do...they're very detailed as to what the defendant is going to do...it said the defendant would be leaving...to Disney World...and would be returning on the 24th..."
Were you aware of any letter Mr. Burton had received concerning this trip? No. I know Mr. Scrushy met with Mr. Burton..."
Parkman wants to know if Martin asked Burton what Scrushy said,"I probably had tat conversation when we were trying to find out where Mr. Scrushy was..."
Martin says Scrushy stated he had told Burton he might be going to Palm Beach, Ocala,...and people in sooth Florida. She is not aware of any follow up letter. "The only occasion I'm aware of is where he met with Mr. Burton and his supervisor....she is not aware Scrushy reported back again last week....Martin says "After I met with Mr. Scrushy on the 27th I contacted Mr. Burton...Burton said the defendant did mention he might be going to Ocala...but there was no mention of going anywhere else in Florida...Did he ever tell you he would be getting on a boat and going to Miami...No, he said he would be going to Disney World and maybe Ocala, nothing about south Florida..."
Martin says she has Scrushy's passport.
Martin says "It's my understanding Mr. Burton told him he could go to Ocala...but all nights would be spent in Orlando..."
Mr. Feaga is asking questions. Martin says Scrushy indicated he had permission from Mr. Burton to go to south Florida...Feaga says he also indicated the boat had not been out in two years...yes.
Mr. Parkman wants to know if Scrushy signed off on the e-mail from Burton. Mr. Burton will be the next witness. Ms. Martin is asked to wait outside the courtroom.
Mr. Feaga is asking the question. Burton says he learned in February Scrushy was interested in taking the trip to Orlando..."I had Mr. Scrushy give me some details and I forwarded that to Ms. Martin....that he wanted to go to Orlando to go to Disney World with his family...they would be going between March 16-24 and they would be staying at Saratoga Springs Hotel...Because of Mr. Scrushy's travel restrictions we have to get permission from the court to travel..."
In the e-mail you sent her did you say anything about him wanting to go to Miami...Palm Beach...? "No," says Burton.
At some point in time did Mr. Scrushy say anything about wanting to go anywhere else in Florida?"He did state his wife had family in the Orlando area and...he said that was in the Ocala area..."
Do you know where Ocala is? "At the time I was thinking it was 30-40 minutes from Orland...In reviewing it's about 70 miles from Orland...north..."
"I do not remember if it was before or after I sent the e-mail...I told him that shouldn't be a problem."
"He mentioned he had some property in West Palm Beach he'd like to check on when he was in the area and I told him that shouldn't be a problem either...."
Burton says he just said property,"I told him it shouldn't be a problem...I thought it was an hour's trip from Orlando...that was probably a mistake on my part...but I did..."
Burton says he never gave him permission to stay anywhere overnight other than Orlando. He says he did not give Scrushy permission to get on a yacht or stay down in Miami over night. "I did give him permission to go to West Palm Beach...again that was my mistake...it's further from Orlando than I thought...," says Burton.
Burton says he's now aware of some of the details as to what happened. He says he met with Scrushy upon his return. "He said that on Tuesday while they were on the trip his attorney Donald Watkins had called him and told him he needed to talk to him about two motions they intended to file...and"
Tuesday of that trip according to Mr. Burton Watkins flew them down to Miami. He said they flew back on Donald Watkins plane.
Burton says Scrushy indicated they had stayed on the yacht in Miami because they didn't have hotel reservations. Burton says Scrushy did not tell him he only had reservations in Orlando 15th-20th.
Burton says, "I got confirmation directly from Mr. Scrushy...the previous week I'd been called by Tamara Martin that he had been down in Miami."
"But Mr. Scrushy's statement to you was that he flew down there?" Yes.
Mr. Parkman is back. Do you recall the date Mr. Scrushy mentioned to you he'd like to take a trip to Orlando. "I believe it was on the 14th...I believe the e-mail was the next week...."
Then sometime in the next week Scrushy got back with Burton..."He brought in a printout of their Southwest Airlines reservations...at that time he had asked me we'd like to stay the other day...would it be okay if we come back on the 24th...that conversation had to have happened after the first e-mail and I told him that would be fine...I think that e-mail was the 21st (of Feb)
With regards to the e-mail asks Parkman,"Had that time had he made reservations?" "No, not that I'm aware of says Mr. Burton..."
"I'm not trying to confuse you," says Parkman. "There had not been in confirmation?" "I think our first conversation was the 14th. Our next conversation was th 16th and then I think we got confirmation from the court on the 21st..."
"At the time the e-mail went out..your understanding at that time had nothing to do with Ocala or West Palm Beach?"
"Those conversations did probably take place after we got confirmation from the court," says Burton.
"There were changes by Mr. Scrushy?" says Parkman. Burton says he did not "see that as being a change in his itinerary...I was thinking that was going to all be in the Orlando area...or to check on property in the Orlando area..."
Burton says, "I did not pin him (Scrushy) down on specifics...I felt they'd make those arrangements when they were there..."
Parkman goes back to the e-mail. "He was already approved by the court from 16th to 24th," says Burton.
Burton says he talked to Scrushy on the phone on the 14th and came to his office on the 16th. "He just kind of showed up at the office..."
Burton says, "I would guess he was there five to ten minutes." Burton says, "I have sent some e-mails while he was sitting there...but I don't remember...." Burton says he doesn't remember showing Scrushy the e-mail or having him sign the e-mail."After he got back he met with myself and my supervisor."
Burton says "We spoke, I don't know that I specifically asked him those questions..."
Burton says, "We probably would have contacted Mr. Scrushy, but Mr. Scrushy actually requested the meeting after he met with the officers in the Middle District...."
Burton says Scrushy told him about meeting with Martin.
Are you sure Mr. Scrushy talked to you about Donald Watkins flying him to Miami. "He said they crammed himself and his wife and kids on the plane...It was asked originally how did you get to Miami."
Did he write you a letter? He did.
In the letter did he ask you and say to you I reminded"d you I had requested to visit south Florida and he (Burton) said, "Yes, but I didn't think you would go to Miami.
Mr. Feaga objects, but is overruled. Mr. Parkman says he will enter the letter into evidence.
"That's hat it says in the letter, that's not exactly what I said during our meeting," says Burton.
Feaga objects again. "It was during the course of a conversation that lasted approximately 30-40 minutes Mr. Scrushy apologized for going to Miami he said he didn't know that was outside the parameters of where he wanted to go...he said he wanted to visit family...he said he didn't see it as being a problem to visit his attorney in Miami...I told him Miami was not in the agreement...He said he left Orlando on Tuesday and went to Miami and stayed on his yacht...because they didn't have hotel reservations...."
Mr. Parkman shows Mr. Burton the letter and he identifies it. Prior to this the judge mentioned a lunch break. Not a good sign.
Burton says he got the e-mail and then a hard copy in the letter.
Burton then met with Scrushy the following Tuesday for 30-40 minutes.
At any time after you received the e-mail and read it, including to his visit, did you ever say to him what you wrote me in that letter was not true? I did not...I knew we were going to have a court hearing on it.
Mr. Parkman is finished and Mr. Feaga will not re-direct. Mr. Feaga says the government may be done. Mr. Parkman says he needs to confer as well. Mr. Feaga says we have one very brief witness.
lunch until 1:30 p.m. We'll start a new post after lunch. Sorry for the typos. will have to fix later.
Comments