Beshear says he will testify at bid-rig trial

FRANKFORT — Gov. Steve Beshear said Wednesday that he will follow a federal judge’s recent decision that he testify at a criminal trial of road contractor Leonard Lawson and former Transportation Secretary William Nighbert.

Beshear will be called by the prosecution in the case to testify about a conversation he had with Lawson in 2008, court documents say. On Tuesday, U.S. District Judge Danny Reeves denied the prosecution’s motion to allow Beshear to testify via a videotaped deposition.

“Obviously, I’m going to testify if they want me to testify,” said Beshear, who is also a lawyer.

But Reeves also said Tuesday that he would work with the governor if his schedule became too hectic. The governor or prosecutors could again file a motion asking for a video deposition, Reeves said.

The trial is expected to begin June 23. Beshear may decide as early as Friday whether he will call a special legislative session to address a potential budget shortfall. It is likely that the session will be called sometime in late June, before the fiscal year begins July 1.

Lawson and Nighbert face conspiracy, bribery and obstruction of justice charges for the alleged fixing of state road contracts during previous Gov. Ernie Fletcher’s administration. Prosecutors allege that Lawson, a well-known road contractor, paid transportation employee James Rummage $20,000 for internal cabinet estimates on road projects Lawson’s company was set to bid on. Prosecutors allege that Nighbert helped get the information to Lawson and then received money from Lawson through a bogus consulting contract.

A third man, Brian Billings, faces obstruction of justice charges for allegedly trying to stop Rummage from telling the truth about the alleged scheme. All three men have pleaded not guilty.

Beshear will likely testify about a conversation he had with Lawson in 2008. Lawson allegedly told Rummage that he talked to the governor about Rummage, in an effort to get Rummage not to tell federal investigators about the alleged bid-rig scheme.  Beshear has said that he talked to Lawson, but Lawson did not mention Rummage.

Beshear said Wednesday that his administration has fully cooperated with the investigation and that the state has turned over all information that federal investigators have requested.

Beshear says his testimony at the criminal trial will not affect his decision to call a special legislative session. Senate President David Williams, R-Burkesville, may also be called to testify. Williams employed Nighbert after he left the Transportation Cabinet. Nighbert resigned from his job as an aide to Williams last summer.

– Beth Musgrave

Filed Under: State Government • Steve Beshear