Judge: Beshear must testify in bid-tampering trial

By Beth Musgrave – bmusgrave@herald-leader.com

COVINGTON — A federal judge ruled Tuesday that Gov. Steve Beshear will have to testify in person at an upcoming criminal trial involving top road contractor Leonard Lawson and former Transportation Secretary William Nighbert.

U.S. District Judge Danny Reeves ruled Tuesday that Beshear could make room in his schedule to testify sometime during the three-week trial, scheduled to begin June 23.

But Reeves said he would be open to discussing Beshear’s schedule again next month.

Federal prosecutors and the governor’s attorneys had argued that Beshear should be allowed to give a video deposition in the case because of a possible special legislative session in late June to deal with a projected state budget shortfall.

“Covington, quite frankly, is not that far from Frankfort,” Reeves said Tuesday.

But Beshear’s general counsel, Ellen Hesen, said it is likely that Beshear may have to call a special legislative session — which could fall at the same time as the three-week trial. When the legislature meets the governor has to be there, Hesen said. “That can be around the clock,” Hesen said of a special legislative session.

Reeves said he would take Beshear’s schedule into consideration and would be open to having court on a Saturday morning.
Beshear’s testimony will likely involve a conversation he had with Lawson.

Lawson and Nighbert face conspiracy, bribery and obstruction of justice charges. Lawson employee Brian Billings faces obstruction of justice charges. All three have pleaded not guilty.

Lawson is accused of paying former transportation employee James Rummage $20,000 in cash for internal cabinet cost estimates of road projects Lawson’s company were set to bid on. Rummage first lied to investigators about his involvement in the alleged scam but later cooperated with the investigation and secretly recorded conversations between himself, Lawson and several others.

According to court documents, Lawson allegedly told Rummage that he had talked to Beshear about Rummage and that the bad treatment Rummage had experienced at work would stop. Prosecutors say Lawson told Rummage about his conversation with Beshear to persuade him not to tell federal investigators about the alleged bid tampering.

Beshear has confirmed that he spoke to Lawson but said the 2008 conversation was not about Rummage. Beshear said that Lawson complained to him about the poor treatment that his companies had received from the state.

Defense lawyers on Tuesday argued that the first part of the trial — involving the bribery charges against Nighbert and Lawson — should be delayed to give defense lawyers more time to prepare. Reeves said he would likely not delay the trial but would take defense lawyers’ arguments into consideration.

Also Tuesday, Reeves agreed to release partial transcripts of a May 13 hearing in the case that was closed to reporters. The (Louisville) Courier-Journal and the Lexington Herald-Leader filed motions in the case, asking that transcripts of the hearing be disclosed. Lawyers for Kentucky’s two largest newspapers also argued that too many motions in the case had been filed under seal without explanation.

Reeves, however, countered that too much about the case has been printed in the newspapers and it will be difficult to find an impartial jury to hear the case. Reeves has already transferred the case from Frankfort to Covington at the request of defense lawyers because of concerns about pretrial publicity.

Reeves called the reporting of “every minute detail” of the case “not responsible.”

Robert Houlihan, an attorney for the Herald-Leader, said that it’s not improper or irresponsible for the media to report on what’s in the court record. Courts should assume that hearings and records should be open to the public, Houlihan said.

He said there are too many documents in the case that have been sealed without an explanation or ruling as to why the information has been kept from the public.

“It’s shocking,” Houlihan said of the number of sealed documents.

Reeves said he would rule soon on what procedure prosecutors and defense lawyers should follow if they want documents sealed.

Filed Under: State Government • Steve Beshear