Miami Herald: Ray Sansom appears in court seeking dismissal of case
Sep 3, 2009
This article was published in the Miami Herald on September 3, 2009
State Rep. Ray Sansom, Jay Odom and Bob Richburg — the protagonists of a political scandal involving a $6 million taxpayer-funded building in Destin — no longer appear to fight the idea that Odom planned to store private aircraft there.
After months of denials, that possibility has been well-established through testimony, e-mails, court motions and other . During a court hearing Wednesday, Odom’s attorney declared the move “perfectly legitimate and legal.”
But lawyers for all three men — indicted on felony official misconduct charges — argued that State Attorney Willie Meggs’ case should be dismissed anyway, saying he has neither the evidence nor the authority to pursue an issue that originated in the Florida Legislature. A ruling could come next week.
“Even if everything Mr. Meggs says is true, there’s not a crime,” Sansom’s lawyer Steve Dobson said. “The entire Legislature voted on this, not just one man. This is an attempt by the state attorney’s office to veto by indictment.”
The scandal emerged when Sansom, R-Destin, took a six-figure job at Northwest Florida State College on the same day he was sworn in as speaker of the House. It was then reported that over the two previous years, Sansom helped the small school get $35 million in extra or accelerated funding, including the $6 million in 2007.
ELEMENT OF DRAMA
The appearance by Sansom, ex-college president Richburg and developer Odom added a layer of drama to the first major hearing in a case that has generated headlines across Florida and beyond. The trial is scheduled to begin Sept. 29, but the men are trying to have the case thrown out.
Defense lawyers and Meggs sparred for several hours, each leaving with reason for optimism and for concern over whether they would prevail. Indeed, Circuit Judge Terry Lewis appeared conflicted over how to proceed, knocking both sides off stride at points while appearing sympathetic at other times.
Lewis cast doubt on whether Meggs had enough evidence to show the men worked to deceive the public. And he undercut the defense argument that the men could not be prosecuted because any deal with Odom would have had to be approved by the college trustees. The trustees would never be in that position, Lewis said, had Sansom not gotten the money in the first place.
Lewis said he will try to rule on the motions to dismiss by Wednesday.
HIDDEN INTENTIONS?
The central allegation is that Sansom, Richburg and Odom worked to get the $6 million but hid their intentions from public view.
Meggs said the evidence of that is contained in the 2007 budget line item granting the money. The short description says nothing about an airplane hangar or that the building would be at Destin Airport, on land that Odom leased from Okaloosa County and made available to the college.
To Meggs, it is falsification by omission.
“Ray Sansom was the only person with the authority to make this happen, and he’s the only person in the Florida Legislature who had any knowledge of this,” Meggs said Wednesday. “And he misled his fellow legislators.”
He told Lewis about an e-mail that came before the appropriation in which Richburg outlined the proposal and said he and Odom “agreed that the project is to be held close until after your actions and until after we receive guidance from you.”
Objecting, Dobson stood up and said Meggs had no evidence Sansom ever read the e-mail sent before the appropriation.
Dobson said that while Sansom has taken responsibility for the project, which he insists was to be used as an emergency operations and training center, there is no evidence he wrote the budget language, which simply reads: “Okaloosa JT Use Emergency Response Workforce Center.”
Dobson said that Gov. Charlie Crist’s office, which reviews all projects after the Legislature approves the budget, was aware it was at the airport. “That’s probably true,” the governor told The Herald at an event in Miami.
But he added, “It was advertised as an emergency building not as a hangar.” Asked if he would have vetoed it had he known Odom’s plan, Crist said, “Of course.”