posted August 20, 2008
Attorney Jerry Summers said a psychological examination of government cooperating witness Eugene Overstreet can help answer the "why" question in the case involving former Sheriff Billy Long.
He said in a motion filed with Judge Sandy Mattice that it would "assist the defendant in explaining to the Court why a man who had faithfully served as a military officer and a law enforcement officer for over 31 years committed these offenses."
Noting that Long has taken such a test, he said the Overstreet exam "could likely assist in further explaining the defendant's own conduct."
Long has entered guilty pleas to 27 federal crimes and is awaiting sentencing.
Attorney Summers said Long's conduct "was directly influenced by the cooperating witness and cannot be explained without the Court fully understanding who this cooperating witness is."
He said Overstreet, a local preacher and funeral home director, "directed many of the defendant's actions, persisted in getting the defendant to make decisions, and pressured and harassed the defendant in ways that the defendant was unable to find a way out."
He said Overstreet called Long 140 times, while the sheriff called Overstreet 76 times - with 40-45 of those calls returning messages left by Overstreet.
The attorney said it is "necessary for the Court to consider who this man was that was able to convince the sheriff to engage in behavior that was never before part of the defendant's character."
He said the test "would help the defense to answer the one question that is pressing everyone's mind: 'Why?'"
Attorney Summers said Long "never provided drugs, never sent alleged drug money to Mexico, never brought anyone else into the conspiracy, and never initiated the escalation of the offenses.
"The defendant's actions in money laundering and drug offenses were merely having knowledge of what the CW told him was occurring and accepting money for what he believed to be occurring."
He said Long should be eligible for a "downward departure" on his sentence because of the "reverse sting."
He said the government created a situation in which Overstreet said his arm had been hurt in a car wreck so that Long assisted in loading drugs into the trunk of a car. He said that act "set up by the government" put him in the category of a minimum 10-year sentence.
Attorney Summers said Long expressed concern for Overstreet's wife, who had cancer, and offered to let him keep all the money.
He said Overstreet "would not leave him (Long) alone - calling him at work or on his cell phone repeatedly.
Attorney Summers said his request might be novel to the law, but that does not mean it should not be allowed.
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