Deposition planned in Maggio-bribe suit

CONWAY -- An attorney for Martha Bull's family plans to question Hal Hunnicutt, a former lobbyist for the University of Central Arkansas, under oath about events that preceded ousted Circuit Judge Michael Maggio's decision to lower a negligence lawsuit's judgment by millions of dollars in 2013.

Attorney Thomas Buchanan intends to question Hunnicutt and former state Sen. Gilbert Baker, R-Conway, under oath July 16 at the Little Rock office of Baker's attorney, Richard Watts, according to court documents filed Thursday.

As an employee at James Lee Witt Associates LLC, Hunnicutt said Thursday that he was lobbying for UCA on the state and federal levels in 2013 when he joined Baker, who was then a UCA executive, on a visit to a Conway nursing home being toured that day by then-U.S. Rep. Tim Griffin, who is now the Republican lieutenant governor.

Fort Smith businessman Michael Morton owns Salem Place Nursing and Rehabilitation, but he said through a spokesman that he did not attend the function.

Morton's spokesman, Matt DeCample, said the nursing home administrator told him that Griffin's visit was on May 28, 2013.

Morton and Baker are defendants in a lawsuit accusing them of conspiring to bribe Maggio to reduce a Faulkner County jury's May 2013 judgment in a negligence lawsuit resulting from Bull's death in Morton's Greenbrier nursing home.

Maggio pleaded guilty to a federal bribery charge in January and is set to be sentenced Nov. 20 in U.S. District Court in Little Rock. Morton and Baker have denied wrongdoing and not been charged with a crime.

On July 8, 2013, attorneys for the Greenbrier nursing home asked Maggio to reject or reduce the jury's judgment.

That day, Morton also sent $24,000 in checks to eight political-action committees, seven of which later donated to Maggio's appeals-court campaign, which later was aborted.

On July 10, 2013, Maggio cut the $5.2 million verdict to $1 million.

Contacted Thursday, Hunnicutt confirmed that he and Baker had together attended the Conway event to see Griffin.

Hunnicutt said there was "absolutely not" any discussion in his presence by anyone about the Bull family's negligence lawsuit or Maggio.

"Mike Maggio's name was never mentioned" in his presence, Hunnicutt said.

"If I'd heard something that may be incriminating or something, I'd have gone to the proper authorities," but that didn't happen, he said. "If eating cookies and drinking punch is a crime, send me to jail," he said.

"I guess they're just trying to squeeze some more money" out of this case, Hunnicutt said of the plaintiffs.

Buchanan declined to say specifically what he wants to ask Hunnicutt but countered, "Why would the decision-maker plead guilty and face up to 10 years in prison if that's all we're after? All we're after is the truth, which has not come out, frankly. I'm a little bit mystified why [Hunnicutt is] so defensive.

"I really don't understand why there would be any animosity by Mr. Hunnicutt because he's not a target, to my knowledge. To my knowledge, all he will be is a witness who will be sworn to tell the truth."

Griffin said Thursday that he visited the Conway nursing home to meet the employees and that it was not a campaign event, although he said one person gave him a donation.

"I was asked by somebody [to tour the home]. It might have been Gilbert," Griffin said. "It could have been somebody else, but I believe it was probably Gilbert.

"I did not hear anything amiss. If I'd heard anything amiss, I assure you I'd have reported it" to the U.S. attorney's office or FBI, he said.

Griffin said one of his congressional staff members would have accompanied him that day and been with him "start to the finish."

The notice of deposition advises Hunnicutt to provide, among other things, any documents he's received from or provided to the FBI and his phone records between Jan. 1, 2013, and Aug. 31, 2013.

Baker did not return a phone message seeking comment.

State Desk on 06/19/2015