Juror Dismissed
Day five started with the defense giving Judge Sedgwick a letter
to the Kenai Daily News editor published on October 30, 2006. The
letter was written by one of the jurors. The Judge said he found the
content to be very worrisome. The specific worrisome part Judge
Sedgwick said references Gabriel Ledoux. The Juror wrote Ledoux should
have recognized from the onset VECO activities were inappropriate. The
judge worried someone expressing these opinions could not be fair and
impartial. When the juror came back into the courtroom, she emphasized,
when questioned, she had mentioned she had written letters. Prosecutors
mentioned the same fact. That was not enough for the judge who
dismissed her about 9:15 a.m.
Dismissed Juror Letter in Kott Trial
Allen Testimony Day 3
Former VECO Chair Bill Allen's testimony wrapped up about an hour later, around 10:15 a.m.
Defense Tries to Discredit Allen
Defense attorney, Jim Wendt, brought up Allen's grandson's dog,
Bear. Apparently, Bear was staying with Allen and scratched his home's
wood floors. That's why Pete Kott was originally hired. The defense
tried to get Allen to confirm he had talked to Kott about doing
additional flooring work. The defense is trying to establish the
additional money Allen gave Kott was for additional work -- not for
bribing Allen to make PPT pass so he would get a VECO job. But Allen
stood firm. When prosecutors asked clarification questions, Allen went as
far as saying, "When I made a deal with you guys, I said it had to be
the truth. And that's what I've done, the truth."
For the second day Allen admitted not only to bribing Kott, but
Vick Kohring and Ben Stevens, and others, in excess of 400,000 dollars.
Wendt tried to get Allen to admit he was saying this to get his
sentence reduced. But Allen would not back down, "You know, I really
don't care. And I've never asked them a damn thing when it comes to my
sentence. My life is about done anyway, so I really don't care."
Senator Steven's Girdwood Home
Then the line of questioning turned to VECO's role in remodeling
Senator Ted Steven's Girdwood home. Allen admitted he paid VECO
employees to remodel Stevens' home. "I gave Ted some old furniture. But I don't think there was a lot of material, but there was labor."
Allen said anywhere from one to four employees worked for about six months on the home.
"I went by, maybe a month or two, to see what they were doing," said Allen.
Ben Stevens' Payments
In his time as a senator, Allen agreed he'd given former Senate President Ben Stevens an excess of 200,000 dollars.
"Well it was 4,000 dollars a month," said Allen.
At the same time convicted Representative Tom Anderson had been paid 20,000 dollars.
When prosecutors asked what Stevens did for VECO, Allen said, "Not a lot."
Prosecutors got Allen to agree that most of what Stevens did was work for VECO to get a gasline built.
Eventually, Allen said, "No, it wasn't legal."
The VECO Sale
Allen said, "VECO was my baby. I didn't think anyone could beat us."
It appears, up to the sale to Denver, Colorado based CH2M Hill
last week, Allen was extremely concerned about his employees. In fact,
he tried to get that in his plea agreement. "The 4,000 people shouldn't be punished," said Allen.
While Wendt tried to suggest this could be motivation for Allen, Allen fired back:
"The big wheels in D.C. wouldn't do anything."
Jayne Schofield
Legislative Affairs Deputy Director Jayne Schofield testified
about a March, 2006 trip Kott took to Washington, D.C. Kott took the
trip with other lawmakers to attend a regular Energy Council meeting.
Schofield testified Kott charged the state $2,248.45. As the
Legislative Council chair, Kott could approve his own travel, Schofield
said. The defense had Schofield testify and backup that many other
lawmakers annually traveled to this conference.
Rick Smith's Testimony Begins
About 11 a.m. Rick Smith, who was VECO's government relations
executive, took the stand. He talked about VECO's history and how, by
the mid-nineties, his duties turned to government and Legislative
relationships. Smith also testified about Allen's 2001 motorcycle
accident.
"He hit his head on the pavement, didn't have a helmet on. It
caused a disconnect between what he was thinking and what he
verbalized," said Smith.
By 2002, VECO became interested in getting a pipeline built.
And by 2005, when it became clear PPT would be the vehicle to making a
gasline happen, VECO was extremely interested. Because Smith said, "A pipeline would mean a lot of work for VECO employees."
Smith said not only VECO relied on Kott, but Senator Ben Stevens
and Senator John Cowdery to push their PPT agenda. As jurors went into
the afternoon recess, they started hearing Smith's take on the secret
audio recordings, including Kott's talk with VECO about getting a job.
Smith said, on taped conversations, he thought it was Kott's job to get
them a pipeline. Smith Admits to Bribing Kott
Repeatedly on the stand Thursday afternoon, former VECO
Government Affairs Vice President Rick Smith told jurors he had joined
with his former boss, Bill Allen, to bribe Pete Kott. Apparently, all
through the regular Legislative and special sessions Smith said Kott
followed VECO's wishes. When it appeared a higher oil tax rate and
credit rate than 20/20 would pass, prosecutors got Smith to admit that
Kott was instrumental in returning the bill to its original 20/20 form
or killing it altogether.
VECO wanted the bill eventually killed because he and Allen
felt a higher rate would kill a pipeline's chances, and in turn that
would kill VECO's chances of making money.
The Dittman Poll
When Kott decided to run for reelection, Smith told jurors how
Allen and he agreed to pay for a poll well-known pollster, Dave
Dittman, would perform.
"We felt it was good for us... I told him we'd pay for it... We'd make sure when the bill came, we'd pay for it," said Smith.
Smith said they wanted Kott around to make sure 20/20 could be revised and passed the next Legislative session.
"He's our guy.... And he always goes to support us.... We know all along Pete Kott was going to support anything we want."
Prosecutors introduced the $2,750 invoice in evidence with Smith's signature on the check.
Getting Peter Kott Jr. Money
Since Pete Kott got involved in the race late, Smith said he
needed money, specifically, to pay his son's campaign manager's salary.
Taking Peter Kott Jr. out of the family flooring business was a price
the Kott family could not afford. Hardwood Floor Cover
To get Pete Kott money for his son, Smith says he comes up with
an idea to create a fake invoice to show additional hardwood flooring
charges for previous work done to Smith's floors. He said he met with
Kott secretly at Juneau's Rendezvous Bar, because, "he felt it was
illegal."
Smith said the two agreed on the terms. Smith later tells Allen
in a recorded conversation, he would take care of Kott's financial
situation, because he didn't want Allen, "getting tainted."
Smith explained to jurors he didn't want Allen to have any legal problems.
"I wanted to protect him," said Smith.
When Smith calls about the flooring invoices to his VECO
assistants, he discovers Allen has already written a check for Kott.
Smith says he picks up the nearly 8,000-dollar check and delivered it
to Kott. It's now decided the charges Smith says are bogus will appear
on Allen's invoice. Defense Cross Examines Smith
In the last hour of testimony, Wendt established how VECO had
done more than a hundred polls for various political candidates. Smith
could not recall, out of all of the polls, any stain behind VECO walls.
Smith went further, saying no one ever reimbursed VECO for a poll.
Wendt tediously went through polling specifics, including candidate's
input, trying to establish Kott was no different than any other person
who had VECO pay for a poll. And while Smith said almost exclusively,
people always asked VECO to pay for polls, Wendt got Smith to admit
Kott told Allen, Kott did not want a poll. Wendt brought up 7,500
recorded phone conversations to establish that. The defense
established, out of all of those, nowhere on any transcript did a Kott
campaign staffer ask VECO for a poll. Late in the day, the defense
wrapped events for the day by trying to make jurors believe Kott did
not always follow the VECO line.