The Nashville attorney for Ward Crutchfield is asking that he be given probation instead of sent to federal prison.
Sentencing is Thursday afternoon in Memphis for the former state senator for his part in the "Tennessee Waltz" bribery sting.
Attorney William Farmer said in a 19-page memorandum that probation should be granted due to the 79-year-old Crutchfield's age, poor health and "life of service."
Attorney Farmer said, "The massive publicity from his indictment and subsequent guilty plea has caused irreversible substantial damage to his long established reputation. Mr. Crutchfield is extremely embarrassed because of these events."
It was noted he gave up his seat in the Legislature and also lost his law license after pleading guilty to taking $3,000 from what turned out to be undercover FBI agents.
The attorney contended that the $3,000 he received was a "gratuity" and not a bribe. He said the former senator had already agreed to sponsor the bill sought by the bogus E-Cycle firm, believing it to be "good for education." The memorandum said there was "no quid pro quo" involved.
Attorney Farmer said the local political legend is now in ill health, having to see five different doctors regularly. He suffers from diabetes, a heart condition and a prostate condition, it was stated.
His wife, Bunnie Crutchfield, is a nurse and is able to care for him at home, it was stated.
Attorney Farmer said Crutchfield "devoted his life to service of the people of Tennessee" and had no prior criminal offense.
He said the pre-sentence report put the sentencing guidelines at between 24-30 months. But he said they should be 12-18 months.
He said the judge could grant outright probation, and the prosecution is going to leave it up to the judge.