Mose Jefferson
Encyclopedia
Mose Oliver Jefferson was a member of the New Orleans family that includes his younger brother, convicted felon and former U.S. Representative William J. Jefferson
. On 21 August 2009, Mose Jefferson was likewise convicted on four felony
counts of bribery.
, to join his older sister Betty Jefferson in Chicago, Illinois, where he attended Marshall High School
but dropped out to join the U.S. Air Force in 1959. After being honorably discharged and returning to civilian life, he was convicted of a $450 robbery and served 9 months in Stateville Correctional Center
, being released in 1967. He then became a Democratic Party field lieutenant with the political organization of Bob Shaw and his brother Bill Shaw, the latter of whom served in the Illinois Senate
from 1982 to 2002.
, before U.S. judge T. S. Ellis III — lead prosecutor Mark Lytle presented a chart which showed
On August 5, 2009, William J. Jefferson was convicted in the Virginia court on 11 of the 16 felony counts. Four days later, on August 9, in an article starting on the front page and extending for almost the entirety of another page, Laura Maggi analyzed Mose Jefferson's imputed connection with the criminal behaviors on which William J. Jefferson had been convicted.
In 2009, while other members of the Jefferson family were facing indictment or trial on various corruption charges, Mose Jefferson faced two trials. Originally a racketeering trial was to begin on August 3, 2009, followed by a bribery trial on August 10. On July 28, 2009, the sequence changed, the bribery trial remaining on August 10, 2009 and the racketeering trial moving to January 25, 2010.
, the software sale was just part of a set of schemes wherein Brooks-Simms steered $14 million in sales toward a company which paid Mose Jefferson $913,000 in commissions.
(RICO) involved Mose Jefferson and Renée Gill Pratt
, Mose Jefferson's "long-time companion" in a relationship described as being "as close as it gets" by columnist Stephanie Grace. The indictment alleged that Gill Pratt, a former state senator
and member of the New Orleans City Council
(defeated in 2006 by Stacy Head
), had assisted Mose Jefferson in obtaining government grants for humanitarian causes managed by him, his sister Betty Jefferson
, and Betty Jefferson's daughter Angela Coleman
, whereupon the Jeffersons unduly used some of the money for personal interests. Betty Jefferson and Angela Coleman were additional defendants in the racketeering trial.
in having once represented Stacy Simms, daughter of Ellenese Brooks-Simms. Lemann was to represent Mose Jefferson in the racketeering case. Stacy Simms had assisted her mother in laundering the bribe (in the other case), through Stacy's bank account and, after pleading guilty to the felony, joined her mother in becoming a witness for the prosecution of Mose Jefferson. Lemann (arguing that "the very inclusion of allegations related to another pending indictment is improper") had objected that the racketeering indictment described a relationship to the (undecided) bribery case in that part of the alleged racketeering involved Gill Pratt's supposed obtaining of $300,000 for a couple of private schools so that they could buy the software which Mose Jefferson, with Ellenese Brooks-Simms' help, also sold to the public schools; according to the indictment, Mose Jefferson's commission on the sales to the private schools was $30,000, of which Gill Pratt pocketed $3500. "It's not RICO, it's wacko"—said Lemann on June 5 as he objected to the move to separate him from the racketeering case.
Lemann himself was not Mose Jefferson's original attorney; Lemann had replaced Ike Spears, who had earlier been disqualified on a conflict of interest inherent in his having previously represented Brenda Jefferson Foster
, younger sister of Mose and William J. Jefferson. Brenda Jefferson Foster had entered a guilty plea in the racketeering case and obtained a promise of leniency in exchange for agreeing to testify against her siblings.
As of June 6, 2009, Mose Jefferson's attorney in the bribery case continued to be Mike Fawer, "another pugnacious defense attorney" as described by the Times-Picayune.
claimed to be "not surprised to see that again" in reference to Lemann's having made allegations of prosecutorial political or racial bias when defending former mayor
Marc Morial
's administrator Kerry DeCay, who was convicted and spent 9 years in federal incarceration.
Louis Moore Jr. the question of whether Mose Jefferson should be declared indigent, a status conference on that question set for July 28. Fawer and Lemann both asked Moore to declare Mose Jefferson indigent because a building he owns on New Orleans' Loyola Avenue was put on hold by U.S. attorney Jim Letten
. Fawer and Lemann had intended to use the building as a "means of obtaining payment for their services"; but Moore, on August 6, 2009, cited that Mose Jefferson owns a New Orleans East
house which he used as collateral for his bond pending trial. According to Laura Maggi of the Times-Picayune on Mose Jefferson's wherewithal to pay defense lawyers, "Moore pointed out that Jefferson could give up the bond on the house and go to jail"; Moore denied the request for indigence.
on June 17, 2009, lawyers for Betty Jefferson and Angela Coleman requested a delay from the August 3, 2009, start date for the racketeering trial; at the same hearing, however, lawyers for Gill Pratt and Mose Jefferson requested that the racketeering trial begin as scheduled on August 3.
During the ensuing week, on June 26, 2009, U.S. District Judge Mary Ann Vial Lemmon
denied Mose Jefferson's request to delay the start of the bribery case also involving Gill Pratt and Ellenese Brooks-Simms. Fawer immediately filed a second request for delay of the bribery trial, this request arguing that Gill Pratt could not risk testifying in the racketeering case if a charge against her were to be pending in the bribery case. On July 16, 2009, Lemmon ruled as follows:
On July 28, 2009, Lemelle delayed the start of the racketeering trial to January 25, 2010. The bribery trial of Mose Jefferson alone was still set to begin on August 10, 2009, with jury selection beginning on August 4, 2009.
On August 4, Fawer unsuccessfully sought (denied by Lemmon) to delay the bribery trial until after the racketeering trial, because, as summarized by Michael Kunzelman of the Times-Picayune:
The bribery trial per se began on August 11 at 10:00 AM CDT, with strikingly different perspectives between the prosecution and the defense on the $140,000 which Mose Jefferson gave to Ellenese Brooks-Simms. According to Fawer, Brooks-Simms said "what the government wanted to hear" concerning the $140,000. Fawer maintained that the FBI-recorded conversations between Brooks-Simms and Mose Jefferson would be shown to concur with the defense's characterization of the exchange of money as a gift or loan to Brooks-Simms in that her husband was at the time experiencing expensive medical costs. Fawer also revealed defense plans to call as witnesses not only Mose Jefferson but also Republican
former U.S. Representative Bob Livingston
, head of the Livingston Group
lobbying
firm which represented JRL Enterprises, contractor for the "I CAN LEARN" program, in successful efforts to obtain $36 million in federal contracts. The prosecution called Paul Cambon, Livingston's former congressional aide who later became a partner in the Livingston Group. After Cambon testified that the Livingston Group had received monthly retainers of up to $30,000 from JRL Enterprises, prosecutor Michael Simpson asked: "Did the Livingston Group ever kick back $140,000?"—which question was overridden by Lemmon on Fawer's objection.
On August 18, Mose Jefferson, testifying under oath, countervailed the testimony of Brooks-Simms and characterized her as a former lover for whom the $140,000 was a gift; she had testified that they first met in 1999, but he testified that their relationship began in the 1980s.
On August 19, 2009, former Orleans Parish schools superintendent Tony Amato testified in support of the "I CAN LEARN" program, but most of the testimony on that day centered on the nature of the relationship between Mose Jefferson and Brooks-Simms. Fawer called as witness 83-year-old minister Zebedee Bridges who testified that in the 1980s Mose Jefferson was involved in an adulterous affair with Brooks-Simms, but Ralph Capitalli, attorney for Brooks-Simms, characterized the story as "a lie" and stated that Fawer had not inquired of Brooks-Simms about the alleged affair; Capitelli asserted that Brooks-Simms was loyal to her husband throughout 40 years of marriage. Prosecutor Michael Simpson, who repeatedly during the day attempted to steer the discussion back to the exchange of money and the recorded conversations between Brooks-Simms and Mose Jefferson, adopted "an incredulous tone" in that Fawer had said nothing about adultery during the opening statement and during the three days when Brooks-Simms was on the witness stand.
Before the case went to the jury on August 20, 2009, the defense called Livingston as witness, in an attempt to analogize the lobbying activities of the Livingston Group to the involvements of Mose Jefferson, Fawer's repeated arguments that the $140,000 payment could only be a gift in that adoption of I CAN LEARN already had Brooks-Simms' support as well as that of the other voting members of the school system, but Fawer's observations of the time of the payment and the prior day's testimony by Amato were "sideshows" when "This case is about payoffs and rewards" according to federal prosecutor Sal Perricone. At 6:00 PM on August 20 Lemmon ordered the jury sequestered to consider the charges against Mose Jefferson.
The following morning, on August 21, 2009, the jury returned the following verdicts declaring Mose Jefferson guilty on four of the seven felony counts, as reported by WDSU-TV New Orleans Channel 6 (NBC):
Sentencing by Lemmon was set for December 9, 2009, Mose Jefferson remaining in the meantime free on personal surety bond.
in 2011 in Lake Providence.
William J. Jefferson
William Jennings "Bill" Jefferson is a former American politician, and a published author from the U.S. state of Louisiana. He served as a member of the U.S. House of Representatives for nine terms from 1991 to 2009 as a member of the Democratic Party. He represented , which includes much of the...
. On 21 August 2009, Mose Jefferson was likewise convicted on four felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
counts of bribery.
Background
Mose Jefferson left his native Lake Providence, LouisianaLake Providence, Louisiana
Lake Providence is a town in and the parish seat of East Carroll Parish, Louisiana, United States. The population was 5,104 at the 2000 census.-Civil War:...
, to join his older sister Betty Jefferson in Chicago, Illinois, where he attended Marshall High School
Marshall, Illinois
Marshall is a city in Clark County, Illinois, United States, locatedabout west of Terre Haute, Indiana. The population was 3,771 at the 2000 census...
but dropped out to join the U.S. Air Force in 1959. After being honorably discharged and returning to civilian life, he was convicted of a $450 robbery and served 9 months in Stateville Correctional Center
Stateville Correctional Center
Stateville Correctional Center is a maximum security state prison for men in Crest Hill, Illinois, USA.-History:Opened in 1925, Stateville was built to accommodate 1,506 inmates. Parts of the prison were designed according to the panopticon concept proposed by the British philosopher and prison...
, being released in 1967. He then became a Democratic Party field lieutenant with the political organization of Bob Shaw and his brother Bill Shaw, the latter of whom served in the Illinois Senate
Illinois Senate
The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the state of Illinois in the United States. The body was created by the first state constitution adopted in 1818. The Illinois Senate is made up of 59 senators elected from...
from 1982 to 2002.
Legal difficulties
On July 22, 2009 — during the 16-indictments trial of Mose Jefferson's brother, Congressman William J. JeffersonWilliam J. Jefferson
William Jennings "Bill" Jefferson is a former American politician, and a published author from the U.S. state of Louisiana. He served as a member of the U.S. House of Representatives for nine terms from 1991 to 2009 as a member of the Democratic Party. He represented , which includes much of the...
, before U.S. judge T. S. Ellis III — lead prosecutor Mark Lytle presented a chart which showed
-
- money flowing from Jigawa StateJigawa State-Location:Jigawa State is one of thirty-six states that constitute Federal Republic of Nigeria. It is situated in the north-western part of the country between latitudes 11.00oN to 13.00oN and longitudes 8.00oE to 10.15oE. Kano State and Katsina State border Jigawa to the west, Bauchi State to the...
in NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
to Arkel Sugar in Baton Rouge to pay for a study of the feasibility of Arkel building a sugar plant there, to the coffers of Providence Lake, a company controlled by the congressman's brother Mose Jefferson, to BEP, another company controlled by Mose Jefferson, and on to Harvard UniversityHarvard UniversityHarvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, where it helped pay expenses for Jelani Jefferson, one of the congressman's daughters.
- money flowing from Jigawa State
On August 5, 2009, William J. Jefferson was convicted in the Virginia court on 11 of the 16 felony counts. Four days later, on August 9, in an article starting on the front page and extending for almost the entirety of another page, Laura Maggi analyzed Mose Jefferson's imputed connection with the criminal behaviors on which William J. Jefferson had been convicted.
In 2009, while other members of the Jefferson family were facing indictment or trial on various corruption charges, Mose Jefferson faced two trials. Originally a racketeering trial was to begin on August 3, 2009, followed by a bribery trial on August 10. On July 28, 2009, the sequence changed, the bribery trial remaining on August 10, 2009 and the racketeering trial moving to January 25, 2010.
Bribery accusations
In the bribery allegations Mose Jefferson was accused of paying Orleans Parish School Board president Ellenese Brooks-Simms $140,000 in exchange for her support of adopting a software-based teaching system sold by Mose Jefferson. Brooks-Simms accepted the money but, on getting caught, entered into a plea-bargain to testify (along with two other witnesses) against Mose Jefferson, including cooperating with investigators in recording certain conversations she had with Mose Jefferson. According to CBS NewsCBS News
CBS News is the news division of American television and radio network CBS. The current chairman is Jeff Fager who is also the executive producer of 60 Minutes, while the current president of CBS News is David Rhodes. CBS News' flagship program is the CBS Evening News, hosted by the network's main...
, the software sale was just part of a set of schemes wherein Brooks-Simms steered $14 million in sales toward a company which paid Mose Jefferson $913,000 in commissions.
Racketeering accusations
Racketeering charges under the Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO) involved Mose Jefferson and Renée Gill Pratt
Renée Gill Pratt
Renée Gill Pratt is a local politician from New Orleans. She was also Director of the Center for Student Retention and Success in Southern University at New Orleans...
, Mose Jefferson's "long-time companion" in a relationship described as being "as close as it gets" by columnist Stephanie Grace. The indictment alleged that Gill Pratt, a former state senator
Louisiana State Senate
The Louisiana State Senate is the upper house of the state legislature of Louisiana. All Senators serve four year terms and are assigned multiple committees to work on. The Republicans control the State Senate following a Special Election Victory in District 26 by Jonathan W. Perry...
and member of the New Orleans City Council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
(defeated in 2006 by Stacy Head
Stacy Head
Stacy Aline Singleton Head is a member of the New Orleans City Council.-Early Life and Career:Stacy Head was born in 1969 as the daughter of Katherine Hamberlin Singleton and Ernest Lynn Singleton. She grew up in Greensburg, Saint Helena Parish, Louisiana...
), had assisted Mose Jefferson in obtaining government grants for humanitarian causes managed by him, his sister Betty Jefferson
Betty Jefferson
Barbara "Betty" Jefferson Jackson is the elected assessor of New Orleans' Fourth Municipal District; she was first elected on 1998 February 7 and was reelected in 2002 and 2006. Before her political career in New Orleans she lived for a number of years in Chicago. She is an older sister of...
, and Betty Jefferson's daughter Angela Coleman
Angela Coleman
Angela Coleman , daughter of New Orleans Fourth Municipal District Assessor Betty Jefferson, was one of four individuals indicted in 2009 by federal grand jury for the U.S. Justice Department's Eastern District of Louisiana...
, whereupon the Jeffersons unduly used some of the money for personal interests. Betty Jefferson and Angela Coleman were additional defendants in the racketeering trial.
Pre-trial Motions
On June 3, 2009, Mose Jefferson requested that the racketeering charge be postponed because of the then-potential time overlap with the trial on bribery charges (both trials originally being docketed to begin in August). The request for delay was probably mooted, however, by new charges arraigned on June 5, effectuating postponement of one trial (the racketeering trial) by request of the court.Potential change in defense attorneys
The situation was further complicated by an implication that Mose Jefferson needed to obtain a new lawyer, in that Arthur "Buddy" Lemann, according to U.S. attorney Daniel Friel, faced a conflict of interestConflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
in having once represented Stacy Simms, daughter of Ellenese Brooks-Simms. Lemann was to represent Mose Jefferson in the racketeering case. Stacy Simms had assisted her mother in laundering the bribe (in the other case), through Stacy's bank account and, after pleading guilty to the felony, joined her mother in becoming a witness for the prosecution of Mose Jefferson. Lemann (arguing that "the very inclusion of allegations related to another pending indictment is improper") had objected that the racketeering indictment described a relationship to the (undecided) bribery case in that part of the alleged racketeering involved Gill Pratt's supposed obtaining of $300,000 for a couple of private schools so that they could buy the software which Mose Jefferson, with Ellenese Brooks-Simms' help, also sold to the public schools; according to the indictment, Mose Jefferson's commission on the sales to the private schools was $30,000, of which Gill Pratt pocketed $3500. "It's not RICO, it's wacko"—said Lemann on June 5 as he objected to the move to separate him from the racketeering case.
Lemann himself was not Mose Jefferson's original attorney; Lemann had replaced Ike Spears, who had earlier been disqualified on a conflict of interest inherent in his having previously represented Brenda Jefferson Foster
Brenda Jefferson Foster
Brenda Jefferson Foster was a witness for the prosecution in the 2008-2009 trials of her older siblings Betty Jefferson and Mose Jefferson, Betty Jefferson's daughter Angela Coleman, and Mose Jefferson's companion former City Councilwoman Renée Gill Pratt.Brenda Jefferson Foster had originally...
, younger sister of Mose and William J. Jefferson. Brenda Jefferson Foster had entered a guilty plea in the racketeering case and obtained a promise of leniency in exchange for agreeing to testify against her siblings.
As of June 6, 2009, Mose Jefferson's attorney in the bribery case continued to be Mike Fawer, "another pugnacious defense attorney" as described by the Times-Picayune.
Political allegations by defenders
On June 8, 2009, Lemann called the racketeering case "a political prosecution initiated by the office of a Republican prosecutor against a minority neighborhood association led by the Jefferson family" and asked for the case to be dismissed as being politically motivated. U.S. Attorney Jim LettenJim Letten
-U.S. Attorney in New Orleans:After finishing his law degree at the Tulane University School of Law, Letten worked for Orleans Parish District Attorney Harry Connick, Sr. for four years and then began his career as a prosecutor for the U.S. Department of Justice...
claimed to be "not surprised to see that again" in reference to Lemann's having made allegations of prosecutorial political or racial bias when defending former mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
Marc Morial
Marc Morial
Marc Haydel Morial is an American political and civic leader and the current president of the National Urban League. Morial served as mayor of New Orleans, Louisiana from 1994 to 2002. He is married to Michelle Miller, who has won awards as a CBS News Correspondent.- Early life and educations...
's administrator Kerry DeCay, who was convicted and spent 9 years in federal incarceration.
Indigence claim
Lemmon referred to magistrate judgeUnited States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
Louis Moore Jr. the question of whether Mose Jefferson should be declared indigent, a status conference on that question set for July 28. Fawer and Lemann both asked Moore to declare Mose Jefferson indigent because a building he owns on New Orleans' Loyola Avenue was put on hold by U.S. attorney Jim Letten
Jim Letten
-U.S. Attorney in New Orleans:After finishing his law degree at the Tulane University School of Law, Letten worked for Orleans Parish District Attorney Harry Connick, Sr. for four years and then began his career as a prosecutor for the U.S. Department of Justice...
. Fawer and Lemann had intended to use the building as a "means of obtaining payment for their services"; but Moore, on August 6, 2009, cited that Mose Jefferson owns a New Orleans East
Eastern New Orleans
Eastern New Orleans is a large section of the city of New Orleans, Louisiana. Developed extensively from the 1960s onwards, it was originally marketed as "suburban-style living within the city limits", and has much in common with the Algiers neighborhood of New Orleans...
house which he used as collateral for his bond pending trial. According to Laura Maggi of the Times-Picayune on Mose Jefferson's wherewithal to pay defense lawyers, "Moore pointed out that Jefferson could give up the bond on the house and go to jail"; Moore denied the request for indigence.
Requests for delay
At a hearing before U.S. District Judge Ivan L. R. LemelleIvan L. R. Lemelle
Ivan L. R. Lemelle is a United States federal judge.Born in Opelousas, Louisiana, Lemelle received a B.S. from Xavier University of Louisiana in 1971 and a J.D. from Loyola University New Orleans School of Law in 1974. He was a law clerk for Robert Collins of the Orleans Parish Criminal District...
on June 17, 2009, lawyers for Betty Jefferson and Angela Coleman requested a delay from the August 3, 2009, start date for the racketeering trial; at the same hearing, however, lawyers for Gill Pratt and Mose Jefferson requested that the racketeering trial begin as scheduled on August 3.
During the ensuing week, on June 26, 2009, U.S. District Judge Mary Ann Vial Lemmon
Mary Ann Vial Lemmon
Mary Ann Vial Lemmon is a United States federal judge.Born in New Orleans, Louisiana, Lemmon received her undergraduate degree from Loyola University New Orleans and continued as a law student on that campus, to receive a J.D. from Loyola University New Orleans School of Law in 1964. She was in...
denied Mose Jefferson's request to delay the start of the bribery case also involving Gill Pratt and Ellenese Brooks-Simms. Fawer immediately filed a second request for delay of the bribery trial, this request arguing that Gill Pratt could not risk testifying in the racketeering case if a charge against her were to be pending in the bribery case. On July 16, 2009, Lemmon ruled as follows:
-
-
- denied Fawer's (Mose's Jefferson's) second request for delay.
- denied a motion by Fawer (representing Mose Jefferson) to stay the proceedings so that Fawer (Mose Jefferson) could appeal, to the U.S. Fifth Circuit Court of Appeals, Lemmon's June 26 denial of Fawer's (Mose Jefferson's) request for delay in the bribery trial.
- denied a Fawer motion to remove a government lien on Mose Jefferson's property on Loyola Avenue to cover Fawer's lawyer charges.
- denied a motion by Fawer to remove him as Mose Jefferson's attorney.
-
Racketeering trial delayed
On July 28, 2009, Lemelle delayed the start of the racketeering trial to January 25, 2010. The bribery trial of Mose Jefferson alone was still set to begin on August 10, 2009, with jury selection beginning on August 4, 2009.
Bribery trial not delayed
On August 4, Fawer unsuccessfully sought (denied by Lemmon) to delay the bribery trial until after the racketeering trial, because, as summarized by Michael Kunzelman of the Times-Picayune:
-
- Gill Pratt ... isn't available to testify during the bribery case this month because she is awaiting her own trial next year in a [the] separate but related racketeering conspiracy case.
Requests for change of venue
On August 7, 2009, Fawer requested to move the bribery trial from New Orleans because the "trial atmosphere has been utterly corrupted by ongoing media coverage" (Fawer's words) of the conviction of William J. Jefferson; Lemmon's written denial was just two sentences in length, including that questions to potential jurors "will reveal the extent of prejudice, if any, resulting from news coverage of the trial of defendant's brother" (Lemmon's words).Bribery trial
Jury selection for Mose Jefferson's trial on charges of bribery began on August 10, 2009, with Fawer again requesting a venue change and Lemmon again denying it. By the end of the day attorneys on both sides had selected a 12-member panel of jurors—six women, six men—with two women alternates.The bribery trial per se began on August 11 at 10:00 AM CDT, with strikingly different perspectives between the prosecution and the defense on the $140,000 which Mose Jefferson gave to Ellenese Brooks-Simms. According to Fawer, Brooks-Simms said "what the government wanted to hear" concerning the $140,000. Fawer maintained that the FBI-recorded conversations between Brooks-Simms and Mose Jefferson would be shown to concur with the defense's characterization of the exchange of money as a gift or loan to Brooks-Simms in that her husband was at the time experiencing expensive medical costs. Fawer also revealed defense plans to call as witnesses not only Mose Jefferson but also Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
former U.S. Representative Bob Livingston
Bob Livingston
Robert Linlithgow "Bob" Livingston Jr. is a Washington, D.C.-based lobbyist and a former Republican U.S. Representative from Louisiana...
, head of the Livingston Group
The Livingston Group
The Livingston Group is the lobbying firm founded by Bob Livingston in 1999 after he stepped down as Speaker-elect and resigned his seat. The firm describes its services on its official website, saying it provides comprehensive public affairs, government relations and lobbying services on a global...
lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
firm which represented JRL Enterprises, contractor for the "I CAN LEARN" program, in successful efforts to obtain $36 million in federal contracts. The prosecution called Paul Cambon, Livingston's former congressional aide who later became a partner in the Livingston Group. After Cambon testified that the Livingston Group had received monthly retainers of up to $30,000 from JRL Enterprises, prosecutor Michael Simpson asked: "Did the Livingston Group ever kick back $140,000?"—which question was overridden by Lemmon on Fawer's objection.
On August 18, Mose Jefferson, testifying under oath, countervailed the testimony of Brooks-Simms and characterized her as a former lover for whom the $140,000 was a gift; she had testified that they first met in 1999, but he testified that their relationship began in the 1980s.
On August 19, 2009, former Orleans Parish schools superintendent Tony Amato testified in support of the "I CAN LEARN" program, but most of the testimony on that day centered on the nature of the relationship between Mose Jefferson and Brooks-Simms. Fawer called as witness 83-year-old minister Zebedee Bridges who testified that in the 1980s Mose Jefferson was involved in an adulterous affair with Brooks-Simms, but Ralph Capitalli, attorney for Brooks-Simms, characterized the story as "a lie" and stated that Fawer had not inquired of Brooks-Simms about the alleged affair; Capitelli asserted that Brooks-Simms was loyal to her husband throughout 40 years of marriage. Prosecutor Michael Simpson, who repeatedly during the day attempted to steer the discussion back to the exchange of money and the recorded conversations between Brooks-Simms and Mose Jefferson, adopted "an incredulous tone" in that Fawer had said nothing about adultery during the opening statement and during the three days when Brooks-Simms was on the witness stand.
Before the case went to the jury on August 20, 2009, the defense called Livingston as witness, in an attempt to analogize the lobbying activities of the Livingston Group to the involvements of Mose Jefferson, Fawer's repeated arguments that the $140,000 payment could only be a gift in that adoption of I CAN LEARN already had Brooks-Simms' support as well as that of the other voting members of the school system, but Fawer's observations of the time of the payment and the prior day's testimony by Amato were "sideshows" when "This case is about payoffs and rewards" according to federal prosecutor Sal Perricone. At 6:00 PM on August 20 Lemmon ordered the jury sequestered to consider the charges against Mose Jefferson.
The following morning, on August 21, 2009, the jury returned the following verdicts declaring Mose Jefferson guilty on four of the seven felony counts, as reported by WDSU-TV New Orleans Channel 6 (NBC):
- Count 1—Conspiracy to commit bribery: Not guilty
- Count 2—Bribery of an agent (Brooks-Simms) of an organization seeking federal funding: Guilty
- Count 3—Bribery of an agent (Brooks-Simms) of an organization seeking federal funding: Guilty
- Count 4—Bribery of an agent (Brooks-Simms) of an organization seeking federal funding: Not guilty
- Count 5—Money laundering: Not guilty
- Count 6—Obstruction of justice: Guilty
- Count 7—Obstruction of justice: Guilty
Sentencing by Lemmon was set for December 9, 2009, Mose Jefferson remaining in the meantime free on personal surety bond.
Racketeering trial
Jefferon's racketeering trial began on March 22, 2010. He died of cancerCancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
in 2011 in Lake Providence.