Font Resize
Ten women and two men are now trying to decide if former House Speaker Pete Kott is guilty or innocent of performing legislative favors for VECO bribes. This after those jurors heard the feds and Kott's final pleas.
The defense tried to leave jurors with the impression Kott was a hard-working lawmaker caught up in other legislator's corruption. But, once again, the feds reminded jurors that on the secret tapes they say Kott convicts himself.
- From Recordings:
- Kott: "We're in the driver's seat."
- Smith: (laughing)
- Allen: "Let's knock on wood."
- (Allen and Kott knock)
- Kott: "Ben (Stevens) can get'her done."
"You, the members of the jury have been able to sit at a ringside seat. And you've been able to watch as Pete Kott, along with Bill Allen and Rick Smith, have committed the crimes charged in the indictment," said Assistant U.S. Attorney James Goeke.
Most of the feds' closing arguments focused on replaying these secret video and audio recordings between Kott and former VECO executives Allen and Smith.
"The evidence in this case is overwhelming. Pete Kott is guilty of the four counts against him," said Goeke.
Among the four charges, the
"...the promise of a lucrative future job with VECO as a lobbyist. A job Bill Allen himself told you would be quite lucrative," said Goeke.
The feds maintain VECO's motive was getting Kott to use his legislative influence. Allen and Smith wanted Governor
"Overwhelming evidence that this defendant, Peter Kott, used and abused his official position to benefit the guys that were paying him and who had assured him a job would be waiting for him in the end," said Marsh.
But Kott maintained he never did anything wrong. The defense said he was just working hard to produce a gas pipeline and ended up getting caught up in others corruption, including Senator Ted Stevens VECO home remodeling project.
"Pete Kott's the one person who never took anything from these men, don't you see that? Ben Stevens, he's the one who had the contract for hundreds of thousands," said Wendt.
Kott also said on the secret recording, in Baranof room 604, you simply see a man with a drinking problem.
"Boasting and banter. That's what went on in the Animal House. And that's what at the core of the government's case. The government is resting their case on the Animal House, as if what went on there is reliable," said Wendt.
And as the defense just about finished talking about Kott's long years as a floor installer, one of the jurors actually started to laugh.
"...it's not funny. He worked hard, sir. He worked very hard. He's worked hard his whole life, whether he was on his hands and knees, or whatever he was doing. And he doesn't take bribes. And he doesn't commit extortion. And if you find that he did, you find wrong!" said Wendt.
"Overwhelming evidence...this defendant, Mr. Kott was not only going to lie, cheat, beg borrow and steal to further Mr. Allen's goals. But Mr. Kott was willing to do the same thing to you (jurors) to try to slip the hook on these charges," said Marsh.
The jurors left the courtroom to continue deliberations Tuesday morning at nine.
Tuesday's events in Kott trial
Deliberations Day 2 - Jurors sending notes
10:00 AM- #1 " fed up with me."
Juror Number One, an airport custodian who appears to be in her late 40s, sent Judge Sedwick a complaint note Tuesday morning. That brought both sides back into the courtroom, including the defendant.
The note starts by saying, "Your honor earlier in deliberations yesterday I felt other jurors were getting fed up with me."
She says certain jurors are pressuring and intimidating her because she's asking a lot of questions. At one point Juror Number One says as another juror read jury instructions to her, the juror glared direct at her. After reading the note verbatim to the lawyers, Judge Sedwick asked for suggestions. Since the whole jury pool only has one jury instruction copy, the defense pushed to give each juror an instruction copy.
Kott's team also wanted the jury pool brought back and read the specific jury instruction explaining a decision should not be made until everyone has a chance to be equally heard. But Judge Sedwick seemed to agree with prosecutors who felt intervening might create a problem. The judge seemed to compromise, ruling every juror would be given an instruction copy around. The prosecutors did not have any reaction. Kott's Defense Attorney, Jim Wendt, said he's happy to see the judge give more jurors instruction copies.
10:30- #2 "What's Property?"
Looking at Kott's extortion charge, Juror Number Two was confused about the part saying, "defendant obtained property he was not entitled to." This juror then asked for a property definition. At first the judge wanted to define property as "anything of value, such as money, car, job, poll, and super bowl tickets."
The defense objected because they wanted the word tangible added to the definition. They said property had to be something that could be held. Without prosecution objection the judge agreed to make the definition read "anything tangible of value such as money, car, job, poll, and super bowl tickets."
At first it appeared this would be the ruling. Then the defense objected again to the word "job" being used, saying that was adding commentary to the evidence. But the feds objected saying within law, a job is property. The judge ruled to let his final property definition stand, and include "job."
To contact Matthew, call 907-273-3186.
