Saturday September 17, 2005

Judge denounces witness against Edwards

In an opinion issued last week, U.S. District Judge Lynn Hughes acquitted two men convicted in a bribery, money-laundering and conspiracy case -- in part because of the testimony of the government's star witness, Patrick Graham.

Graham also was a confidential informant in the riverboat corruption case against Edwards, his son Stephen, ex-Edwards aide Andrew Martin, Baton Rouge businessman Bobby Johnson and Eunice cattleman Cecil Brown. Edwards is serving a 10-year sentence.

Graham, a Houston businessman, gave investigators a tape of Brown that served as the basis for warrants allowing them to tap the phones of Brown and later Edwards. That helped launch the sprawling investigation that led to the conviction of the former governor and others on corruption charges.

Hughes writes in the Texas case that Graham has "manifold character defects," and dubs him a "convicted con-artist" "freelance government agent," "thief" and "tax-evader."

The judge said he decided to toss out the Texas verdict because Graham's testimony was "riddled with contradictions" -- apparently aimed at currying favor with Letten.

"Graham had a secret deal with the United States Attorney for the Eastern District of Louisiana that -- in exchange for his testimony in numerous cases -- the U.S. Attorney would not prosecute him for his crimes in Louisiana and would even seek a sentence reduction for his crimes in other states," Hughes writes. "With this motivation, Graham conveniently knew all sorts of information about nefarious dealings in other districts."

In the Texas case, Hughes acquitted James Anthum Collins, former executive director of the Texas Department of Criminal Justice, and Yank Barry, owner of VitaPro, which makes a soy-based meat alternative.

In August 2001, a jury convicted the two of bribery, money-laundering and conspiracy. Prosecutors alleged Barry paid Collins $20,000 to push a five-year contract with VitaPro through the agency.

In the opinion, Hughes repeatedly refers to a "secret deal" between Graham and Letten, saying the prosecutor intervened on his behalf in a Texas criminal case and arranged for Graham to serve his sentence in a Louisiana prison. Additionally, Hughes writes that Graham got favorable consideration in a $1 million tax-evasion case against him.

"The court learned that the government -- Letten -- had made an oral immunity deal with Graham; immunity deals are usually in writing," Hughes writes. "The court ordered the government to disclose fully the deals that it had struck with Graham. While other agencies were forthcoming, Letten resisted. He wanted to keep his deal with Graham secret."

Letten said Wednesday he is "familiar" with the ruling, but declined to comment. He referred questions to U.S. Department of Justice spokesman Bryan Sierra, who referred to Houston interim U.S. Attorney Chuck Rosenberg.

"I've known Jim Letten personally and professionally and I know he has a marvelous reputation in law enforcement," said Rosenberg, who declined to comment on the opinion itself. "He's an honorable and ethical man and an extraordinary public servant."

In a written statement issued Thursday, Mike Small -- the lawyer for Edwards and his son Stephen -- says Hughes' opinion was significant to the former governor's latest appeal.

Small and other attorneys working on the case have claimed Letten concealed critical aspects of an agreement with a key witness against Edwards, former Treasure Chest Casino Owner Bobby Guidry. They have alleged prosecutors shielded $107 million in profits for Guidry in exchange for his testimony.

"It is no coincidence," Small writes, "that a Texas federal judge in a blistering opinion, found Mr. Letten to have entered into a secret deal with a thoroughly disreputable government witness precisely as we allege he did with Bobby Guidry in Gov. Edwards' case."