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Former senator's FOI claim denied in public corruption case
By David Robinson, Arkansas News Bureau
LITTLE ROCK -- A federal judge on Thursday denied former state Sen. Mike Todd's request for records tied to his pending public corruption trial.
U.S. District Judge George Howard Jr. agreed with prosecutors that the records Todd is seeking related to Neal and Elizabeth Turner are exempt from the state Freedom of Information Act because the records are part of an ongoing investigation.
Howard made his ruling tentative, however, until he can review the case file.
Todd, a Democrat from Paragould, is charged with former Sen. Nick Wilson, D-Pocahontas, and eight others in a 133-count federal indictment alleging public corruption. The federal charges allege racketeering, mail fraud, conspiracy and money laundering.
The 10 defendants are to go to trial Feb. 28.
Pat James, attorney for Todd, asked government witnesses Thursday whether the Turners wore 'wires' or used wire tapped phones to help prosecutors in the investigation in exchange for their immunity from prosecution.
A state police witness testified Thursday that the Turners are 'part' of an investigation, but Howard would not allow the testimony to be more specific.
Todd had argued that, because the Turners are not charged with a crime, their case should be considered closed and accessible under the FOI Act.
Todd, a lawyer, is accused in a scheme to profit from a judicial grant program for child-custody cases that he helped create while he served in the Legislature.
Elizabeth Turner, former chief legal counsel for the Department of Education, received a grant to provide legal work under the program but was not indicted for her involvement. Neal Turner, former chief of staff for former Gov. Jim Guy Tucker, did business under several state contracts.
Also in testimony, Prosecuting Attorney Larry Jegley of Pulaski County said targets of the investigation still exist in addition to the 10 awaiting trial.
One state police investigator, Sgt. Paul Curtis, said eight to 10 targets exist and a box containing 600 case documents received early in 1999 have yet to be reviewed by his agency.
Sgt. James Ward of the state police testified that roughly 11 to 15 people are targeted in the investigation.
The two officers' testimony, however, did not make clear whether the targets are in addition to the 10 already indicted as a result of the sweeping investigation.
Curtis said he still would like to interview Neal Turner and had made two requests for interviews with him. Howard would not allow Curtis to answer more specific follow-up questions on the matter.
A collaborative effort of
Arkansas News Bureau, the Log Cabin Democrat of Conway, the Pine Bluff Commercial, the Southwest Times Record in Fort Smith, The Jonesboro Sun and The Morning News of Northwest Arkansas
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