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New Lincoln Park Trial Request Denied

PROVIDENCE, Rhode Island -- Lincoln Park race track and two former executives who were convicted last month of conspiring to bribe a Rhode Island lawmaker with up to $4 million are not entitled to a new trial, a federal judge ruled.

U.S. District Judge Mary Lisi said comments made by a federal prosecutor during his closing argument rebuttal, though "inappropriate," did not affect the outcome of the trial.

Defense lawyers said the prosecutor improperly referred to evidence that was not included in the trial. Assistant U.S. Attorney Craig Moore told jurors to "blame" him if something was missing from the government's case and implied there was additional evidence they did not get to hear.

In a written opinion Tuesday denying a defense motion for a new trial, Lisi said the remarks did not unfairly prejudice the jurors and noted that she had instructed the jury to ignore the comments completely.

"These individual comments are unlikely to have registered a substantial impact on the jury, given that they comprise but a fraction of what the jury heard during a two-week long trial and more than a total of six hours of closing arguments," Lisi wrote.

Nigel Potter, the former CEO of Wembley PLC, the British corporation that owned the park until recently; Daniel Bucci, the former general manager of the dog track; and Lincoln Park itself were convicted last month of conspiracy and several counts of wire fraud. They were each acquitted of several other wire fraud charges.

Bucci's lawyer, Anthony Traini, said Wednesday he thought Lisi "misapplied the law" and ruled erroneously on the defense motions. He said he planned an appeal after his client was sentenced.

Lawyers for Potter and Lincoln Park did not immediately return calls for comment Wednesday morning.

Lisi also denied a separate defense motion for a judgment of acquittal, saying prosecutors presented enough evidence that Potter and Bucci conspired together in a bribery scheme.

"We're gratified that Judge Lisi recognized both the soundness of the government's position in opposition to the motions and also the strength of the evidence that supported the conviction," said Tom Connell, a spokesman for the U.S. attorney's office in Rhode Island.

The three defendants were found guilty of conspiring to bribe former Rhode Island House Speaker John Harwood in an effort to win support for more video lottery terminals at the dog track and to block a rival casino proposed by the Narragansett Indian Tribe.

Defense lawyers said the money was intended as a performance bonus for Dan McKinnon, Harwood's law partner who did legal work for the park.

The money was never paid, and Harwood and McKinnon were not charged.

The defense also said Moore misstated evidence by saying Potter did not tell anyone the amount of the proposed payment to McKinnon and Harwood's law firm or that the money was tied to the park's ability to win approval for the extra gambling machines.

Lisi described the statement as "inaccurate" but said it did not require a new trial.

Both Potter and Bucci face lengthy prison terms at their Oct. 28 sentencing. The park also faces a maximum fine of _$1.5 million.

The defendants were convicted in their second trial, which was relocated to Worcester, Mass., because of publicity surrounding the case. Their first trial ended in February when a Providence jury deadlocked on several charges, including the most serious conspiracy count, and found the defendants innocent of other wire fraud charges.

Copyright © Las Vegas Sun. Inc. Republished with permission.

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