Aug. 17, 2003, 2:03PM
Two years after conviction, VitaPro saga continues
By KRISTEN HAYS Associated Press Writer
© 2003 The Associated Press
Since getting convicted two years ago of running an illegal kickback scheme in the mid-1990s, a former Texas prisons chief has enjoyed vacations and the president of a Canadian meat substitute company continues to reside in the Bahamas.
Neither James A. "Andy" Collins or Yank Barry have been sentenced, and neither their attorneys or prosecutors have any idea when U.S. District Judge Lynn Hughes will put that final stamp on their case.
Collins, of Austin, was found guilty Aug. 20, 2001 of taking at least $20,000 from Montreal-based VitaPro Foods Inc. in exchange for pushing through a five-year, $33.7 million contract to distribute a soy-based granular substance to Texas inmates to cut food costs.
VitaPro president Yank Barry was convicted of the same charges _ bribery, fraud, money laundering and conspiracy _ for paying the bribes.
But a trial transcript riddled with errors and omissions forced repeated delays in sentencing and fuels a year-old request for a new trial from the defendants' attorneys. Collins and Barry, who each testified that they were innocent of any wrongdoing, remain free on bond.
In the meantime, Hughes has approved Collins' requests to travel to Kansas, Arizona, Alaska, Puerto Rico and this month to New Mexico, according to court documents. Barry continues to run VitaPro and other business dealings. Both face up to 70 years in prison and fines of up to $2 million if given the maximum sentences.
"The main issue is the ability of the court to have an accurate transcript prepared," said Kent Schaffer, one of Barry's attorneys. Without it, he said, legal teams for Barry and Collins can't move forward with an appeal after sentencing.
"This is a complex legal issue that just takes time to resolve," Schaffer said.
Nancy Herrera, spokeswoman for the U.S. Attorney's office in Houston, said prosecutors also are awaiting word from Hughes. "There are motions pending and we are awaiting a decision from the court," she said.
Last year Hughes ordered that the error- and gap-filled transcript be reconstructed. The court reporter in the case, Jackie Smith, served a 10-day sentence for contempt of court in March this year after she failed to meet a deadline to finish several other transcripts. Smith no longer works at the court reporter service that serves federal judges in Houston.
The VitaPro transcript was reconstructed, but defense attorneys claim it is still insufficient because portions aren't corroborated with audio tapes. Prosecutors say the request for a new trial "constitutes nothing more than a fishing expedition and only serves to further delay sentencing."
VitaPro was introduced to Texas in early 1995. Collins testified in the trial he thought the cheap substance would satisfy state orders to cut costs and bring in more cash if the nation's second-largest prison system marketed it to others.
He and Barry signed a one-year contract to try it out.
Later that year Patrick Graham, a convicted thief and tax cheat who ran a private juvenile prison system in Louisiana, offered Collins a post-retirement career running one of his facilities.
Collins accepted the offer, but he was still on the Texas payroll. His superiors ordered him to resign or back out of the agreement with Graham.
Collins announced his resignation in September and pushed through the multi-year contract with VitaPro. In October 1995, Collins asked Barry to hire him as a consultant after he officially retired Dec. 31 that year, and Barry agreed.
And in early December, shortly before Collins' retirement was effective, Barry wired two $10,000 payments to a payroll company Graham helped Collins set up. Collins started spending the money in January 1996 after he was off the state payroll.
Both Collins and Barry denied any kickback scheme, each testifying that the money was advance payment for consulting services. Barry dropped Collins as a consultant later in 1996 when the VitaPro controversy prompted other states to back out of similar deals.
Collins' deal to run the juvenile prison in Louisiana also dried up when Graham was arrested for swindling a woman out of $150,000. Graham is now free after serving time in prison on that conviction.
Boxing legend Muhammad Ali, who promotes VitaPro, gave the two-week trial a dose of star power when he appeared during Barry's testimony. Barry met Ali in the mid-1960s. He didn't testify, though surprised jurors craned their necks to get a glimpse of him. |
