Williams v. State

• Citation: 383 So.2d 547
• Decision Date: 22 May 1979
• Docket Number: 3 Div. 772
• Parties: Ronald WILLIAMS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 547

383 So.2d 547

11 A.L.R.4th 681

Ronald WILLIAMS v. STATE.

3 Div. 772.

Court of Criminal Appeals of Alabama.

May 22, 1979.

Rehearing Denied June 26, 1979.

Julian L. McPhillips, Jr. and T. Thomas Gallion, III, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen. and John A. Yung, IV, Asst. Atty. Gen., for the State.

BOWEN, Judge.

The defendant was indicted jointly with Alabama State Representative Thomas J. Reed by the Montgomery County Grand Jury for the offense of bribery of a state legislator as provided for in Title 14, Section 73, Code of Alabama 1940, now Ala.Code Section 13-5-31 (1975). The indictment returned against this defendant is identical to the one set forth in Reed v. State, Ala.Cr.App., 372 So.2d 872 (1978). Representative Reed was convicted of an attempt to commit the charged offense and fined $500.00. This defendant was found "guilty as charged" and the trial court sentenced Both at trial and on appeal, the defendant attacks the legal sufficiency of the evidence to support his conviction. The evidence is conflicting and subject to contradictory inferences. In stating the facts this Court will only give a general outline of the evidence and will not attempt to summarize all the testimony presented during the three day trial of the defendant.

him to two years' imprisonment. Both at trial and on appeal the defendant is represented by retained counsel.

In determining the sufficiency of the evidence to sustain the conviction, this Court must accept as true the evidence introduced by the State and accord the State all legitimate inferences therefrom. Ellis v. State, 338 So.2d 428 (Ala.Cr.App.1976); Edson v. State, 53 Ala.App. 460, 301 So.2d 226 (1974). The evidence must be considered in the light most favorable to the prosecution. Colston v. State, 57 Ala.App. 4, 325 So.2d 520, cert. denied, 295 Ala. 398, 325 So.2d 531 (1975).

Where there is legal evidence from which the jury can by fair inference find the defendant guilty, this Court has no right to disturb the verdict. Bell v. State, 339 So.2d 96 (Ala.Cr.App.1976). A verdict of conviction will not be set aside on the ground of insufficiency of the evidence, unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince this Court that it was wrong and unjust. Bridges v. State, 284 Ala. 412, 225 So.2d 821 (1969); Morton v. State, 338 So.2d 423 (Ala.Cr.App.1976).

Around the first of May, 1975, Representative Thomas Reed introduced House Bill 247 into the Regular Session of the Alabama State Legislature. This bill would have provided for and created a county racing commission for the regulation, licensing and supervision of dog racing and wagering thereon in Macon County. Reed represented Macon County in the State House of Representatives.

Senator Thornton Dudley Perry was a State senator and his senatorial district included Macon County. Due to the recognized practice of "legislative courtesy", Senator Perry's approval of the bill was necessary for its adoption by the Senate.

Within the first few days of the session Representative Reed came across to the Senate Chamber in the Capitol in Montgomery and handed Senator Perry a copy of House Bill 247. Senator Perry testified that on that occasion Representative Reed stated:

"Here's the dog racing bill . . . There's a provision in it for an attorney for the track and there's no limit on the salary. We've got you taken care of. I'll talk to you about it later."

An amended version of the original House Bill 247 was adopted by the House of Representatives on May 29, 1975. On June 3rd, it was finally transmitted to the Senate.

After Senator Perry publicly announced his opposition to the dog racing bill "on moral grounds" his law office in Tuskegee was firebombed on May 28, 1975.

Senator Perry first talked with the defendant concerning House Bill 247 on May 30, 1975. By coincidence the defendant and Senator Perry met outside Perry's law office in Tuskegee. Their conversation continued in the office. Senator Perry testified that the defendant told him that, "There's big money in this thing for me and you and Thomas Reed and I want to talk to you about getting this bill passed and we're going to do it one way or the other, either with you or without you". The defendant stated that he was there for the purpose of trying to get Senator Perry "to agree to go along with the bill because it would be easier than having to do it any other way".

The defendant asked Perry if he had talked with Representative Reed about the bill and Senator Perry told him that he had only spoken with the Representative once and that was at the Capitol when Reed brought the bill over the day it was introduced. The defendant requested Perry to talk to Reed and, at the request of the defendant, Perry had his secretary contact the Representative by telephone. The defendant Later that same afternoon of May 30th, as arranged, Reed and the defendant arrived together at Senator Perry's law office. After Perry told the defendant and Reed that he would not change his position on the dog racing bill "Mr. Reed and Mr. Williams began to talk with one another back and forth there in my (Perry's) presence". Reed told the defendant that Perry was "taken care of in the bill" and the defendant told Reed that he wanted to help persuade Perry to change his mind but that he was not going to do anything unless "absolutely certain that Dudley will be taken care of". Reed then told the defendant that Perry "is taken care of. There's a provision in the bill for an attorney and there are no limits on the salary for the attorney." Reed told the defendant the salary could be from $20,000 to $50,000 a year and asked Perry "What do you want out of it." Perry stated that he would not and could not change his position explaining that he had been threatened and picketed and that if he were to change his position it would appear that he could be made to change his position on other matters in the future through the use of similar tactics. Senator Perry testified that Representative Reed then told him:

spoke with Reed on the telephone, told him that he and Perry were "talking about the dog track bill" and asked "Mr. Reed if he would come down to the office and talk with us".

"that he would assure me that if I would change my position I would not be intimidated or would not receive any more telephone calls of that nature and that my office would not be picketed and that I could rest easy that they could control the threats and so forth."

"Mr. Williams made a similar assurance and went on to say that he could also stop the newspaper which he owned and the local radio station from making, from editorializing against me on these matters."

That afternoon Senator Perry went to his home and reported the meetings to F.B.I. agent Carmelle "Skip" Grafinini.

Under instructions from the F.B.I., Senator Perry arranged a meeting with the defendant and Representative Reed. On June 4, 1975, Reed and the defendant came to Perry's law office in Tuskegee. Agent Grafinini and several other agents were in the office but out of sight.

Senator Perry told the defendant and Reed that he was under a great deal of pressure as a result of the threats that had been made against him and his family. He told them that he was now ready to talk about the bill and wanted to know more about the offer of the $50,000 a year for the attorney's job.

Reed told Perry that "the job as attorney for the track was put into the bill for me (Perry). He (Reed) said that they were instructed to do so by the big wheels in Montgomery or something to that effect." As instructed by the F.B.I., Perry asked Reed and the defendant how he could be sure that he would be appointed attorney for the track. Reed responded that "You'll just have to trust me". The defendant told Perry that he was planning on being one of the commissioners for the track and promised Perry that he would support him for attorney as a commissioner.

Perry told them that he had heard that there was "front money" available and that he wanted a part of it. Reed told Perry that there had been such money available but that Perry's opposition to the bill had "tied up the money" and there would be none available until he changed his position. The defendant then said that he would like to act as a "go-between, an intermediary", between whoever had the money and Reed and Perry "to dispense the money".

The following day, at the State Capitol in Montgomery, Representative Reed approached Senator Perry and asked if there were anything else he could do or say to help Perry change his mind and "pass the bill out". Perry testified that Reed told him he was "a young lawyer" who was "moving up" and said that "upward mobility is what it's all about". Reed told him that this was an opportunity for him to Representative Reed also told Perry there was a way he could be "assured of being the attorney for the track", and told him that they could amend the bill so as to provide that each of them would appoint two of the five racing commissioners; that Reed would appoint the defendant as one of his appointees; that Williams had already promised Perry he would vote for Perry as attorney, and that Perry could appoint two commissioners who would also have promised to vote for him as attorney. This would assure Perry of three votes, a majority of the commission, for the job as attorney for the commission. Reed then assured Perry that his second appointee would also vote for Perry as attorney, giving him four out of five votes. Senator Perry testified that after this meeting he telephoned F.B.I. Agent Grafinini from the Capitol and informed him of the conversation with Thomas Reed.

make up to $50,000 a year or more, and that he couldn't afford "to pass that up". Reed told him he should go ahead and "pass that bill out so that you can take this...