After some discussion and denial of a defense motion for a mistrial, the bribery trial of former state senator and Republican Party operative Gilbert Baker resumed in federal court Tuesday after all participants were tested for covid-19 over the weekend.
Baker is accused of bribing former Faulkner County Circuit Judge Mike Maggio to reduce a $5.2 million jury award against Greenbrier Nursing and Rehabilitation Center in 2013 in a lawsuit filed by the family of Martha Bull. Bull died two weeks after being admitted for a one-month rehabilitation stint at the center, which is owned by Michael Morton of Fort Smith. Maggio pleaded guilty to bribery in 2015 and was sentenced to 10 years in prison.
The trial was recessed Friday to allow Assistant U.S. Attorney John Ray White time to get up to speed after replacing his colleague in the U.S. Attorney's office, Patrick Harris, who fell ill Wednesday night and later tested positive for the virus. Chief U.S. District Judge D. Price Marshall Jr. ordered the trial held for an additional day following the news of Harris' positive test.
By Tuesday morning, 13 of the 14 jurors and alternates had tested negative for the virus and results were still outstanding for the remaining juror.
Marshall polled the jury by secret ballot to ask if the jurors were willing to continue serving and if all would be able to focus on the evidence over the remainder of the trial despite the distraction of the virus. Jurors unanimously voted in favor of continuing the trial.
Marshall also announced an inadvertent contact between a juror and a trial participant that happened when a paralegal for the U.S. Attorney's office sought a covid-19 test. During the intake interview conducted by phone, the nurse performing the intake exam — who is a juror on the trial — realized who she was talking to, terminated the interview and left the facility for lunch to lessen any chance of meeting the paralegal face-to-face. Both subsequently reported the contact to Marshall.
On Tuesday, two lobbyists who worked with Baker, Marvin Parks and Bruce Hawkins, testified that each received money from Baker — $8,000 for Parks and $8,500 for Hawkins — ostensibly as bonus payments, but that each donated $6,000 from those payments in $2,000 contributions to Maggio's campaign in checks signed on behalf of themselves, their wives and their business accounts. Parks said such donations, known as "straw donations," were common in Arkansas political races.
"This is not a single event," Parks testified.
Read Wednesday's Arkansas Democrat-Gazette for full details.