-
The Next, Next
Last Thursday, when the CDLU walked by Steven McKinney at the federal courthouse during a break, he was beaming, happy. And we are sure today he is elated. Joel I. Gilbert is probably at home with stomach butterflies, stress, and anxiety as judgment day approaches. If indicted Balch & Bingham partner Gilbert is found guilty this week, what could happen next? Several controversial matters could be revived for scrutiny including the Newsome Conspiracy Case and the alleged Vincent “Whites-Only” Land Grab. Although Balch & Bingham could attempt to label Gilbert a rogue attorney, Clark A. Cooper’s alleged unsavory behavior (and…
-
Breaking News: Steven McKinney Acquitted
Balch & Bingham partner Steven McKinney has been acquitted. From Kyle Whitmire of AL.com: There’s been a lot of activity. The judge has yet to rule on a Rule 29 motion for dismissal for defendant Steve McKinney. We shall see. Jury’s back. Judge says, “Steven McKinney is no longer a part of this trial.” Judge tells the jury that his absence should not affect how they look at the other defendants. And now Roberson’s defense will begin. What is a Rule 29 motion? Rule 29. Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its…
-
Day 14: Jury Smirks at Not-Believable Gilbert Testimony; Defense Rests
[Post Updated Below] Could it get any worse for indicted Balch & Bingham partner Joel I. Gilbert? Kyle Whitmire of AL.com opines this morning about the not-believable testimony from Gilbert: Like I said yesterday, Gilbert has staked his freedom to the argument that, when they paid the Oliver Robinson Foundation, they had no idea that Robinson was benefiting personally from that. This is a hell of the thing to ask the jury to believe, and yesterday a couple of jurors were smirking when they heard this argument. Emails and other docs don’t help the defense on this point. Confirming the…
-
Balch’s Great Rift: Today’s Courtroom Drama
Good morning! Joel Gilbert, the indicted Balch & Bingham partner will be questioned this morning by the attorney for his former boss, Steven McKinney, the other indicted Balch partner whose legal team has claimed he was not involved in the bribery conspiracy. Although McKinney’s attorney has repeatedly demonstrated in court that his client had no meetings or communications with Oliver Robinson and others, McKinney was carbon-copied on all communications. Gilbert will most likely also be interrogated by indicted Drummond executive David Roberson’s legal counsel therafter. The great rift between two Balch & Bingham partners and their former client may appear…
-
Day 13: Medium-Well or Well Done? Gilbert Grilled on Witness Stand
The 13th day of the trial was bad luck for defendant Joel I. Gilbert, a Balch & Bingham-made millionaire, according to court testimony. Having had weeks of horrible testimony against him, Gilbert had to testify on the stand. After Gilbert laid out his autobiography, his defense lawyer threw him softballs questions in which Gilbert denied the bribery charges or even knowing that Oliver Robinson was being paid by his own foundation. Assistant U.S. Attorney George Martin grilled, skewered, and then demolished Gilbert on the witness stand The jury was at full attention. Kyle Whitmire of AL.com tweeted the devastating exchange:…
-
Star Chamber: Judge Smitherman Yowls while Andy2K Wails
During the Motion to Recuse her honor in the Newsome Conspiracy Case, Judge Carole Smitherman verbally attacked Burt Newsome, displayed flagrant bias, and then implicated her family. “You have attacked my family unfairly,” she yowled, according to court transcripts. Why would she say “family?” In his Motion to Recuse, Newsome pointed out that her husband, State Senator Rodger Smitherman had sat in multiple, secret Star Chamber hearings and been the recipient of about $30,000 in campaign cash from Balch affiliated entities or individuals. Smitherman should have said her husband, but either way she showed unrestrained judicial bias. As we reported,…
-
UPDATE: Balch & Bingham Explodes; Lies to Alabama Supreme Court about CDLU
[Update: This post was originally published on July 9, 2018. We have since learned that Burt Newsome has filed a response to Balch’s unsolicited response to Newsome’s Writ of Mandamus. His 8-page filing to the Alabama Supreme Court can be found by clicking here. Newsome discusses and reaffirms the troubling issues that Balch’s attorney failed to address.] We knew some egomaniacs at Balch & Bingham were stupid, but really, lying to the Alabama Supreme Court about us, the CDLU, a non-party, independent advocacy group about our coverage, our blog? Has the leadership team at Balch sincerely lost their minds? In an…
-
Week 3: Winners and Losers
Winners: GASP: Three weeks in a row! The small, tiny public charity has shaken the pillars of industry. Testimony again showed GASP was targeted by a web of Balch agents. The FBI: The agent who testified solidly connected with the jury, many who are women. Not bad in this “me too” era. Junior Attorneys at Balch & Bingham: The testimony by three former and current Balch attorneys was damning, and also confirms there are still good, honest, and professional attorneys at Balch that have a conscience. Losers: Joel Gilbert: Another problematic week showing him as the alleged head honcho of…
-
Day 12: Gilbert Whacked; Prosecution Rests
Week 3 ends; the prosecution rested a little bit before 4:00 p.m. The case resumes on Monday. As we posted earlier, the morning session was dominated by the lead FBI agent who connected with the jury. The afternoon session heard testimony from Irving W. Jones, Jr., a former attorney at Balch & Bingham, who worked closely with Joel Gilbert (click here to learn more about Jones). John Archibald of AL.com tweeted: Jones, on instructions for Def. Gilbert, apparently drafted the initial letter that purported to be from Oliver Robinson, asking that Robinson be allowed to comment before the Alabama Emergency Management…
-
FBI Agent Connects with Jury
Although we will have our daily update later today, the CDLU was at the court hearing this morning listening to testimony from the FBI agent who connected with the jury. A female agent who looks to be in her forties, wearing reading glasses, she appeared to be cut from the same cloth as the women on the jury: middle-aged, motherly, and Alabamian. Defense attorneys have been objecting since yesterday about her presentations of excerpts of Balch & Bingham billing records. Her presentations are fabulous. Broken down in a rainbow of colors, she shows when billings were referring to specific government…
-
Day 11: Balch Ethics Lawyer Warned Gilbert; Defense Teams Collapse
Although there was lots of excitement and drama today over a possible mistrial, the real bomb that dropped today was that of Chad Pilcher, a Balch & Bingham government affairs attorney who testified that he warned Joel Gilbert about using State Representative Oliver Robinson’s position or letterhead. Pilcher regularly consults with the Alabama Ethics Commission, he testified. John Archibald of AL.com tweets: Pilcher said he warned Gilbert that Robinson could not use his official position or letterhead to help. Gilbert, documents show, edited Robinson’s position into letters sent In Robinson’s name. Pilcher is the first Balch lawyer on the stand…
-
Mistrial Tomorrow or Soon (or Never)?
While reading redacted grand jury testimony given by Joel Gilbert into the record today, prosecutors screwed up by reading the name of co-defendant David Roberson. Defense lawyers for Roberson immediately called for a mistrial. Prosecutors argued that the transcript of the grand jury testimony had been redacted by another judge and that defense lawyers had had the document in their possession for 2 weeks and were “lying in wait” for the mistake to happen, according to tweets by AL.com reporters. Roberson’s defense attorney struck back by saying prosecutors had the burden to fix the mistake. Ivana Hrynkiw of AL.com tweeted:…
-
Balch’s Internal Conduct Causes Stink
What will they do? Yesterday’s testimony from two Balch & Bingham attorneys, one who no longer works for the firm, has caused an enormous stink at Balch, our sources allege. Is the oligarch leadership at Balch in Birmingham out of touch with their colleagues in other states? Are egos overshadowing common sense and the survival of the firm? Both junior attorneys from the Birmingham office testified that even though they were intricately involved in the North Birmingham effort to fight the EPA, including one of them writing a resolution for the Alabama state legislature, both of them were kept in the…
-
Day 10: Balch Junior Attorneys Testify; Phillips Shredded; Matrix’s Mail Drop
Today, the testimonies from a former and current attorney at Balch & Bingham were insightful and could mean trouble for the defendants. Ex-Balch & Bingham attorney Talmadge Simpson (pictured left) who was, to some observers, a superb example of junior attorneys that appear to have no idea when they are being used (or abused) in an alleged criminal scheme by Balch bosses. Simpson’s testimony this morning seemed in a way to be a long-held, sigh of relief after being in the dark about the alleged criminal conduct. He was both confident and relieved, according to our sources in the courthouse. Kyle Whitmire…
-
Day 9: Bentley, Strange Ghost-Written Letters; Brown Crumbles; Public Records Rigged
Today, besides the removal of two jurors with alternates, the criminal trial focused on the mundane but detailed review of how the letters of ghost-writer extraordinaire and Balch defendant Joel Gilbert made it to the top echelon of power: then-Governor Robert Bentley, who later resigned in disgrace, and then-Attorney General Luther Strange, one of Balch’s biggest stooges. A stooge? Yes, absolutely. As Kyle Whitmire of AL.com tweeted: Documents show numerous conference calls between Gilbert and [Strange’s Assistant Attorney General for the Environment Robert] Tambling before Strange’s office submitted comments to the EPA. Gilbert suggested edits. Strange’s office seems to have…
