Commissioner Free On Bond Until May 2 Sentencing
posted February 18, 2006
A Federal Court jury deliberated over 17 hours before finding County Commissioner William Cotton guilty on two of three bribery counts on Saturday night.
Cotton remains free on bond until sentencing May 2 at 1 p.m. by Judge Allan Edgar in the first "Operation Tennessee Waltz" case that went to trial.
Cotton was among politicians snared in the statewide FBI sting that involved agents setting up a bogus company, E-Cycle Management, that paid money under the table for support on legislation.
Attorneys said his sentencing range is about three years in federal prison.
The County Commission is expected to discuss next Thursday naming his replacement in District 4.
He was found guilty of bribery conspiracy and one count of attempted bribery. He was ruled not guilty on a second count of attempted bribery.
Jury foreman Dustin Donahue of Birchwood said the panel early on agreed he was guilty on bribery conspiracy and attempted bribery for accepting a bribe at a meeting in Nashville.
He said the holdup was over whether he was guilty on a charge of taking a bribe at the Southside Grill in Chattanooga. He said jurors "has reasonable doubt because of some of the witnesses."
He declined to say what the split was on the jury on that count.
The jury finally produced the verdict after Judge Edgar at 6 p.m. asked about adjourning for the night and coming back on Monday. Jurors asked for five more minutes and came back with all three verdicts about 15 minutes later.
Cotton, who was formerly on the City Council, showed no emotion and did not comment as he strode along the sidewalk in front of the Federal Building to his car in company with a number of family members and supporters.
Jury members at 4 p.m. had sent a message that they wanted to come into the jury box and listen to still another tape in the case. The jury has come out numerous times to rehear the various taped conversations.
The jury had already deliberated some 15 hours over three days by the time of the last tape request.
The jury began deliberations at 10:32 a.m. Saturday, then went to lunch and started back at 2:45 p.m. The panel was trying to break a deadlock on an attempted bribery charge against the 58-year-old Cotton.
Jury members after lunch listened to a 45-minute tape of Cotton and Charles Love from Jan. 29, 2005. They later came back to listen to more tapes, including the same one twice.
The panel announced Friday that it had reached verdicts on another attempted bribery count as well as a conspiracy to commit bribery charge. Those verdicts were not announced at the time.
It was the third day of deliberations for the panel of five women and seven men, including three blacks. The jury got the case on Thursday afternoon and deliberated for two hours before stopping for the night.
Attorney Hank Hill said the government did not prove that Cotton ever got any money, but that it went to former County School Board member Charles Love. The government says Love passed the money on to Cotton.
The jury reported to the courtroom of Judge Edgar at the Federal Building at 10 a.m. Saturday and listened to a tape between Cotton and Love. The government wiretapped Love's phone for 60 days in early 2005. It was the third time the jury has heard the same tape.
Cotton had qualified to seek re-election.
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