Published: November 21, 2008 09:27 am      

Nighbert requests charges dropped

Lawyers claim premature ‘leak’ of information

By Brad Hicks / Staff Writer

Lawyers for Bill Nighbert and his codefendants, Leonard Lawson and Brian Billings, jointly filed a motion in U.S. District Court in Lexington Thursday requesting the dismissal of the charges against their clients because information concerning the investigation against the men was released before the grand jury met.

Nighbert, Lawson and Billings were indicted on charges of theft from a government agency, bribery and obstruction of justice on Sept. 3 — nearly a month after an affidavit detailing the investigation against them was made public.

Prosecutors allege Nighbert, former Williamsburg mayor and secretary of the Kentucky Transportation Cabinet, and road contractor Lawson took part in a scheme between June 2006 through August 2007 to obtain confidential estimates for state road projects so Lawson could use this information to bid on and secure road work contracts. During that time, Nighbert was acting as transportation secretary.

The affidavit about the investigation to obtain a search warrant, written by Federal Bureau of Investigations Special Agent Clay Mason, was filed in U.S. District Court in London on Aug. 8 and printed by media nearly a month before a grand jury returned indictments against the three men.

In their request for dismissal, the attorneys feel media publicity caused by the affidavit’s release influenced the grand jury’s decision. The attorneys are also requesting transcripts from the September meeting of the grand jury.

“There is substantial indication that the extensive negative publicity resulting from the government’s disclosure of the Mason Affidavit substantially influenced the grand jury’s decision to indict,” the motion states. “However, determination of this prejudice issue will require review of the grand jury transcripts and an evidentiary hearing on several matters, including the circumstances surrounding the government’s public disclosure of the Mason Affidavit and any advance information or other assistance to news media by Government officials regarding the Affidavit’s disclosure.”

Columns from the editorial page of the Times-Tribune are among the six exhibits defendants included in the motion. Also included were affidavits from Clair Nichols of Guthrie/Mayes Public Relations in Louisville and Lawson’s attorney Larry A. Mackey, a letter dated Sept. 23, 2008, from Angela L. Byers to Mackey, and other samples of media publicity.

Prior to the grand jury’s decision, news outlets reported that approximately $130 million worth of road contracts were allegedly awarded to Lawson through the scheme.

According to the indictment, for their help in the scheme, Lawson allegedly paid KTC employee James Rummage $5,000 on four separate occasions and provided more than $67,000 to Nighbert, disguising those payments as pay Nighbert was receiving for work done for Utility Management Group (UMG). Billings, a Lawson aide, is charged with allegedly attempting to dissuade Rummage from cooperating with investigators and encouraging him to take the fifth amendment at a grand jury hearing.

According to the indictment, Rummage initially denied any involvement in the scheme but later recanted his statement to the FBI, admitting he had illegally given out the engineer’s estimates to both Nighbert and Lawson in exchange for payment.

At a hearing on Sept. 12, where attorneys for the three men entered not guilty pleas on behalf of their clients, the lawyers expressed frustration because Rummage was not indicted and did indicate a request for the dismissal of the charges would be forthcoming.

No response as to the dismissal motion has been filed yet from the prosecution. Nighbert, Lawson and Billings have a jury trial scheduled for April 28, 2009 in U.S. District Court in Frankfort.