Fellow Lockean Mitch Kokai goes straight to the key point of Kevin Geddings trial: Either Jim Black called Geddings on September 21, 2005 or he did not. Phone records should be able to answer that.
Unless somebody’s lawyer is absolutely certain that federal prosecutors do not have those phone records — and it is hard to see how that they would not — it is pretty nuts to lie about a phone call. Talk about a paper trail.
Yet Geddings is adamant that Black called him that evening, between 9 and 10:15, while Geddings was in Philly. Black says he did not call Geddings about the lotto commission until the next day. The Observer adds:
The timing is important because prosecutors previously introduced evidence that Black was at dinner with the Scientific Games representatives until about 9:45 p.m. Around that time, 32-year-old Norris, who was also Black’s political director, sent Geddings an e-mail to call Middleton, the lobbyist, and that it was important.
Geddings said Black telephoned that night, introduced himself and talked about potentially offering Geddings the lottery seat. Black made the formal offer the next day, Geddings said.
Geddings testified that several days later, he retrieved Black’s phone number from his cell phone from the Sept. 21 call. Cell phones typically record recent outgoing and incoming numbers.
Geddings, though, could not provide phone records, either his, Black’s, Middleton’s or Norris’, to back up his claim.
“I wish there were (records),” Geddings said after court ended for the day. But then he expressed uncertainty about which day Black called his cell phone and that he might have received the Sept. 21 call on a land line.
Here’s where it gets interesting. Prosecutors are trying to prove that Geddings committed fraud by failing to disclose his lobbying ties before he joined the lotto commission. Geddings is essentially arguing that there was nothing to disclose — that everyone in Raleigh, including Jim Black — already knew about those ties. Black, in contrast, has testified he did not know about those ties and absolutely did not call Geddings before the 22nd.
The choice for prosecutors: Produce phone records which prove that Black’s testimony is false and likewise help prove Geddings contention, or move on to something else.
