Newest twist in Sen. Matt McCoy case

[Debi]

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2007711140391

McCoy's lawyers attempt to have case thrown out

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Defense lawyers contend that two since-replaced prosecutors allowed witnesses to say things they knew were false and misled the grand jury with selectively edited audiotaped conversations. FBI Agent Kevin Kohler, questioned extensively about his grand jury testimony, defended a decision to play grand jurors only the tail end of a Dec. 21, 2005, conversation among Schultz, Vasquez and McCoy and a dispute over a demand for money.

According to courtroom discussion of Kohler's still-sealed testimony, the FBI agent told grand jurors that Vasquez and Schultz went to the meeting prepared to pay McCoy, but "the opportunity to make the payment did not present itself because of the way Mr. McCoy handled the meeting."

Defense lawyers say grand jurors did not hear the part of the tape where McCoy rejects a check from Schultz.They did, however, hear the end, which includes an expletive-laden conversation in which McCoy rails at Schultz after he and Vasquez are left alone."The grand jury certainly wouldn't have had time to listen to 12 hours of tapes, so we had to edit it," Kohler said Tuesday.

<snip>

Vasquez, who government officials now admit was paid for his work taping McCoy's conversations, acknowledged Tuesday that he failed to tell federal authorities until last month that he smoked marijuana during the period in which he tape-recorded McCoy's conversations.

<snip>

[rurallib]

1. Little doubt if this goes forward the the DoJ will be on trial

I would guess most everything they have done since 2005 is now up to question in every case they are prosecuting.

[Debi]

2. as it should be. n/t