Defense attorneys for former state insurance commissioner Carroll Fisher want to call Gov. Brad Henry as a defense witness when Fisher’s bribery trial begins Feb. 23.
Henry’s name appeared on a witness list filed Jan. 21, but prosecutors asked a judge to keep Henry from testifying.
Assistant Attorney General Joel-lyn McCormick argued Fisher is seeking the governor’s “presence at trial solely to distract the jury’s attention away from the real issues … and to turn the jury trial into a circus-like spectacle.”
Fisher, 68, is accused of corruptly receiving gifts and gratuities from Texas businessman Gene Phillips, his family and business associates in exchange for favorable treatment. Prosecutors allege the illegal gifts include a $25,000 check, $25,000 in post-election campaign contributions and about $20,000 in custom-made office furniture.
Fisher denies wrongdoing. His attorneys describe the $25,000 check as a loan that was repaid.
Phillips has not been charged and denies bribing Fisher.
Defense attorneys want Henry to testify that he has appointed post-election campaign contributors to important state positions but there was no “quid pro quo” involved. Defense attorneys say they may put into evidence Henry’s campaign contributions reports. Prosecutors say what Henry did is irrelevant to what Fisher did.
Defense attorneys also want Henry to testify about donations made to the Governor’s Mansion, how construction of the mansion pool and entertainment pavilion was funded, and other issues.
Oklahoma County District Judge Kenneth Watson will meet with attorneys Feb. 9 on trial issues.
Fisher, a Tulsa Democrat, was insurance commissioner for nearly six years before resigning in September 2004. He already has served time in state prison for embezzling $1,000 of his own campaign funds and for lying on a contributions report.
Prosecutors also alleged in separate legal filings in the case that Fisher stole an antique briefcase from the Insurance Department as he left the day after resigning. Prosecutors said the briefcase once belonged to former Insurance Commissioner J.B. Hunt. Defense attorneys are asking the judge to keep that testimony out.
Information from: The Oklahoman, www.newsok.com
Topics Oklahoma
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