The morning started off on an interesting pace with Massey on the stand offering an apology to McGregor attorney Bobby Segall. Massey wanted to “extend an apology to Mr. Segall for the comments given yesterday...they were inappropriate and out of line. I realize that you are just doing the job that you are being compensated to do." Segall responded to Massey, "You are fully forgiven."
Segall started questioning Massey about his dealings with Ronnie Gilley. It was asked if Massey and Gilley both would do anything to get out of jail. Massey agreed with the statement that Gilley approached him to alter his story to tell law enforcement so that “Gilley would not go to jail.” Segall spent quite a while on this line of questioning and brought it up no less than 5 different times throughout the day. Segall was attempting to show that the only reason Massey is testifying is to be an “advocate for the government” so he can get a reduced sentence. That seems to be a large crux of Segall’s defense strategy.
Segall also spent a large part of the day asking Massey about his relations with McGregor. He started this line of questioning yesterday trying to point out that Massey worked to undercut McGregor’s lobbying efforts a number of times, especially with regards to gambling interests in Etowah County. Massey also admitted that he never spoke with McGregor in the same capacity as Gilley in that McGregor never spoke with him about altering the story he provided to law enforcement.
A large chunk of the day’s questioning, and the most heated part of questioning, circled around Massey’s involvement with Terry Spicer. Massey admitted to the court yesterday that he bribed Spicer and as part of his plea agreement he will not face prosecution for any previous non-violent crime committed as long as he informed the government honestly before he made his plea agreement. Segall drilled Massey on Spicer’s involvement with Massey’s company getting certain contracts. He also questioned Massey on Spicer’s involvement with Massey’s Auburn University – Montgomery contracts and his Business Council of Alabama contracts.
Segall asked, regarding Massey’s plea agreement, how Massey was going to atone for the crimes he admitted to committing with Spicer. Massey’s heated and emotional response garnered a number of objections. "The U.S. Government has prevented me from hugging my wife since the morning of January 19. The U.S. Government has prevented me from hugging my children since the morning of January 19. Seeing the hurt and embarrassment on their faces in court today is my atonement." Segall responded by asking Judge Thompson to tell the witness to answer the question directly because, “We don't need a speech about huggin' folks." He also said it appeared like the witness was about to break down. Massey tersely responded "I am not about to break down, I may get emotional."
On another occasion Segall asked Massey if he knew what he was doing (with regards to his admitted criminal activity) was wrong and if he was embarrassed by it, why didn’t he stop? Massey responded with, “Why doesn’t a drug addict stop? I don’t know.” This resulted in an aggressive round of questioning from Segall on if Massey was in essence, addicted to crime.
Just before lunch Judge Thompson aggressively scolded Massey, Segall and Woods. The entire morning (and a large part of the afternoon) the three of them argued and questioned back and forth delaying the trial. Massey was clearly bothered by Segall’s questioning and he continuously interjected into Segall’s questioning and was defensive to the point of hostility. Woods often objected to Segall’s questioning and the arguments between the two were frequent. Segall would cut of both Massey and Woods’ statements. Judge Thompson dismissed the jury for their lunch break and warned Massey that he had been interjecting and asking too many questions and his “only job is to answer questions.” Thompson issued a warning that it was inappropriate when Massey lost his temper and told him, “If you continue I will hold you in contempt.”
Thompson went on to address the disagreements between the attorneys as well. He said the morning’s proceedings were intolerable with the way they were interrupting each other and arguing. Segall said at the end of the day yesterday he only planned on spending another 2 to 3 hours with Massey. Because of the bickering and multiple delays, Segall spent all day questioning the witness and will return tomorrow morning to continue.
At the end of the day the prosecution said due to scheduling issues Jennifer Pouncey would not be the next witness to testify, instead FBI Special Agent George Glaser will stand for questioning. Pouncey will take the stand when he is finished.
Thompson dismissed the jurors 10 minutes earlier than he intended today because it was brought to his attention that a juror was mistakenly provided with a copy of an exhibit she was not supposed to see. Segall says that the document must have accidentally been stapled into the wrong place by the company McGregor’s attorneys use to collate their evidence. That juror may also have shown the document to another member of the jury. Thompson will have to address the entire jury tomorrow and ask them to disregard the document.