McGregor attorney Bobby Segall started off questioning this morning where he left off last night – discussing the use of questionnaires by organizations who wish to endorse certain candidates for political office or issues important to that organization. Segall entered into evidence a redacted version of a questionnaire Sen. Scott Beason filled out for the Eagle Forum. The questionnaire asks a candidate their opinions on political issues important to that organization. Massey said yesterday that with endorsements from these questionnaires, candidates may also receive a financial gain in the form of a campaign contribution. Segall used this with the “politics as usual” defense, trying to show that campaign contributions were a normal practice.
Segall also spent a great deal of time trying to distance Massey from McGregor yet again. Segall played a tape where Massey says the McGregor lobbying effort is “lazy.” He often referred to “our efforts” on the phone, with ‘our’ meaning Massey and Gilley. Segall also broke back into the “different impressions” line of questioning with regards to what was said at the Feb. 18 and 19 meetings with Sen. Beason. Segall asked if it was possible that two people in those meeting could have a different understanding or impression of what happened at that meeting and what was said. Massey replied that he himself misunderstood parts of the conversation. Massey says his impression of what happened at the meeting changed afterwards. He explained that at one of his later meetings with the FBI, he didn't know whether it was his sixth or not, that he did in fact say it was a bribe that was offered. That was a change in what he originally told the FBI. Segall asked "Mr. Massey, is it not true that there are several examples of you changing (in proffers) from 'nothing wrong', to 'not much wrong' to 'WOW bad wrong'?" Massey said it was true.
There was less sparring between the two men today compared to yesterday. Segall kept accidentally calling Massey “Mr. Gilley.” Judge Thompson cautioned him on it multiple times and told him it needed to stop happening. However at the very end of the questioning Segall asked Massey if he was willing to say absolutely anything to drastically reduce his prison sentence. Massey responded with, "Is that the best you can end with?" Segall replied, “Mr. Massey you're superior to all of us."
David McKnight, attorney for Tom Coker was the next attorney up for questioning. McKnight went over, at length, the ins and outs of both the short version of the gambling legislation and the long version. They also discussed individual’s votes on the bill. McKnight brought up the fact that Massey was keeping Gilley in the dark about some of his dealings.
McKnight attempted to distance his client from both Massey and McGregor with discussion about who was provided updated copies of the bills when they were released. McKnight pointed out that Coker didn’t have the updated copies. And when the general bill was eventually brought up, Coker was heard on a phone conversation saying he didn’t know about the general bill. Gilley was heard on a call saying, “That’s Milton’s s***.” Another conversation suggested Coker didn’t understand what all was going on, he asked what ‘support’ meant. McKnight referenced the conversation where he called McGregor’s lobbying efforts ‘lazy.’ Massey wanted to offer an explanation because he said Coker was his friend. He told the court lazy wasn’t the best word choice. ‘Disinterested’ is what he said was a better choice. McKnight then started working on several conversations Massey had with others about the chain of events that happened the morning the FBI came to his house. Massey told his father he was in the shower when FBI arrived, he told Pouncy he was in his underwear getting ready to shave and he told Mike Sullivan he was in his sweats reading the paper. McKnight used these three conversations to try and prove that Massey was a liar. Massey became visibly angry when McKnight suggested that he lied to his own wife because he was sure Massey “would do the gentlemanly thing and not involve his wife in his crimes.” Due to an objection, Massey never answered the question.
Susan James, attorney for Tom Coker, spent the last hour of the day questioning Massey on the stand. She took the same strategy she used with Ronnie Gilley and spent a large amount of time questioning Massey on the details of his plea agreement. Massey told the magistrate judge the day he entered his plea that he understood the ins and outs of the agreement. Massey told the court on the stand today he only had a basic understanding of the agreement. James also brought up conversations Massey had with his wife. Massey asked his wife to google information on Nick Bailey’s plea agreement (Nick Bailey was Don Siegelman’s personal assistant). He also asked that his wife bring him his ‘Siegelman book’ to read (Massey said he didn’t have a lot to read in prison) and that she print off some sentencing guidelines for him. James revealed that Massey has been keeping a diary while in jail detailing his work with the FBI. Massey testified on the stand that he has not been referencing that information during the trial. James also asked Massey if he asked his wife to get in contact with Phil Rawls, a reporter with the Associated Press, to tell him about ‘something that was going on.’ While the attorneys are tip-toeing around where Massey is currently being held and where he has been, James revealed that if Massey has to spend much more time in jail, he hopes to be transferred to the minimum security prison at Maxwell. James made reference in her questioning to the facility where Massey has been until the trial, it’s roughly 20-30 miles outside of Montgomery County and while he is being treated like a federal prisoner, because he hasn’t been sentenced yet, he hasn’t yet been booked into the federal prison system. James wanted to prove that Massey has been receiving preferential treatment while in jail and that he therefore has a defined interest in why he is testifying. Massey explained because they cut off the books that he was being sent, his wife and other family members have been sending him 30 pages at a time of John Grisham books, and others. Massey explained that he’s not allowed to have a razor to shave with while in jail. Instead, his electric razor was delivered to the office where the FBI was questioning him so he could shave (apparently he likes using an electric razor on his sideburns) along with a hygiene kit. He also very sarcastically added that they let him have mouthwash when he was at their office.
James rounded out the day of questioning, but before she did that, she inadvertently dropped a bombshell on the court room. She asked Massey if he was aware that the FBI was still investigating at least 20 targets in regards to information he provided. Massey told her he wasn’t aware before an objection was raised. She didn’t elaborate further.