Judge discusses death in Alabama gambling retrial

MONTGOMERY, Ala. — What's likely to be a weeklong process of selecting jurors for Alabama's gambling corruption retrial began Monday with a judge warning potential jurors not to let the death of a defendant have any impact on them.

Potential jurors also heard a who's who list of possible witnesses for the trial, including prominent Alabama politicians and country music entertainers.

The retrial was supposed to begin Jan. 30, but U.S. District Judge Myron Thompson delayed it one week when one of the defendants, former legislative bill writer Ray Crosby, was found dead at his Montgomery home Jan. 29.

Thompson told potential jurors Monday that Crosby, 63, died of natural causes. The judge did not mention that Crosby was accused of taking bribes from another defendant, casino owner Milton McGregor of Montgomery, or that the charge against Crosby was dropped because of his death.

The judge said only that Crosby's absence "must not have any impact on you or your deliberations in this case."

The six remaining defendants — McGregor, state Sen. Harri Anne Smith, former Sens. Larry Means and Jim Preuitt, casino lobbyist Tom Coker and casino spokesman Jay Walker — are accused of buying and selling votes for pro-gambling legislation.

The first trial in the case ended in August with no convictions, two defendants acquitted and the jury unable to agree on some charges.

During jury selection, Thompson asked potential jurors how many had heard or read about the case. The judge smiled when nearly everyone raised their hands.

Prosecutors did not speak to reporters, but defense attorneys said they are trying to determine if potential jurors have fixed opinions about the case.

"The standard for us is the same as before — fair and impartial," said Joe Espy, one of McGregor's attorneys.

Espy and other attorneys estimated jury selection would take four to five days.

The U.S. Justice Department has shaken up its Washington-based team for the retrial and has a new lead prosecutor, Kendall Day. When questioning potential jurors Monday, Day smiled more often and talked more casually than his predecessor, Justin Shur. Among the questions he asked potential jurors was whether they would have any problems with prosecutors who aren't from Alabama. None said they would.