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Trial of former Arkansas senator underway for bribery, wire fraud

Prosecutors argue that a former Arkansas senator bribed a judge to lower a negligence lawsuit against a Greenbrier nursing home.

LITTLE ROCK, Ark. — Monday began the trial of a former state senator from Conway and former Chairman of the Arkansas Republican Party, Gilbert Baker. 

Baker is charged with bribery, wire fraud, and conspiracy, but this is way more than a corruption trial. 

This case could involve a who's who of state politics. 

The atmosphere in the courtroom was definitely different than you would think because of COVID-19 restrictions on Monday. 

Everyone was masked up and only one person could sit at each bench. All but one of those benches were full for most of the day. 

The day started with Chief Judge D. P. Marshall Jr. announcing that one of the jurors had tested positive for COVID-19. 

After deliberating with the attorneys and the jury, everyone decided to proceed. 

That juror, who tested positive, was replaced by an alternate. 

Opening arguments started with the prosecution who stated that "beyond reasonable doubt," Gilbert Baker was guilty of bribery, wire fraud, and conspiracy. 

The prosecuting attorney, Julie E. Peters, said Baker was specifically guilty of bribery to former Judge Mike Maggio after Maggio reduced a negligence lawsuit against a Greenbrier nursing home from $5.2 million to $1 million.

This was done while Maggio was running for the Arkansas Court of Appeals and accepted campaign money from Baker. 

One of Baker's old clients owned the Greenbrier nursing home, which would go out of business if it had to pay the full $5.2 million in damages. Prosecutors argue this was the reason Baker gave a large donation during Maggio's campaign.

Maggio pleaded guilty to taking the bribe in 2015 and is now serving a 10 year prison sentence. 

Peters said the evidence of phone calls and text messages would prove their case. 

Then the defense, made of attorneys Blake Hendrix and Margaret Diane Depper, stated that this was a "simple case."

Depper claimed that Baker was lawfully contributing to a candidate's campaign and there was no evidence of an agreement, bribery, or quid pro quo. 

The prosecution brought up four witnesses on Monday, including Ancil Lea, whose name was used as an officer on a Political Action Committee that Baker put together. 

Lea stated that he didn't know the PAC in his name was used to give money to a candidate, specifically former Judge Mike Maggio. 

Other big names called to the witness stand are State Supreme Court Justice Rhonda Wood and former US Attorney Cody Hiland. 

On day two of the trial, Tuesday, July 27, two key witnesses faced questions.

One of the key players in the trial, Michael Morton, was called to stand Tuesday morning and his testimony lasted over two hours. 

Morton's nursing home, in Greenbrier, was charged with negligence in May 2013 and owed the family in that case, the Bull family, $5.2 million, according to the original verdict. 

Morton testified that in June 2013 he met with Baker who asked him to contribute to campaigns for Maggio, Judge Rhonda Wood, a tort reform group, and UCA.

Within three days, Morton faxed $228,000 in checks to Baker and Maggio reduced the nursing home damages to $1 million. 

Morton testified that Baker told him, specifically, to write the campaign contributions for Maggio through PACs (political action committees).

This is a major part of the prosecution's case since they allege Baker set up a series of PACs for the sole purpose of funneling these dollars to Maggio. 

While the defense is still arguing that there was no quid pro quo involved. 

State Supreme Court Justice Rhonda Wood came up to testify at the end of the second day of trial. 

Baker helped her with campaigns and Wood testified that she had no clue Baker was getting money for her campaign before he was lawfully allowed to do so. 

On the third day of trial, Wednesday, July 27, one of the prosecution's biggest witnesses, former Judge Mike Maggio was questioned.

This was a big one since Maggio pleaded guilty in 2015 to taking a bribe. His testimony started a little after 10:30 a.m. and still was not finished by the end of the day.

It was a testimony that was very confusing because he basically testified two different things. 

First, Maggio explained how Gilbert Baker helped him with several campaigns, including his run for the Court of Appeals in 2013. 

Maggio testified that even though the word "bribery" was never used, he thought Baker was implying it would be easier to get more campaign money from nursing homes if Maggio ruled in their favor and reduced the damages. 

Then the defense pointed out that Maggio tried to withdraw his guilty plea. 

Transcripts of FBI interviews brought up by the defense show that Maggio told the government, "I don't have a smoking gun for you."

After Maggio was presented with this he testified that when he reduced the nursing home damages, he was never bribed and he doesn't believe there was a quid pro quo.

The prosecution did tell Maggio if he testified truthfully in this trial they would recommend a lower prison sentence. He's currently serving ten years. 

On the fourth day of trial, Thursday, July 29, Maggio completed his testimony from Wednesday. 

Maggio took the stand and testified that one of the reasons he reduced the nursing home damages was because of the campaign contributions he received from Baker. 

The defense highlighted a text Baker sent to Maggio saying, "win, lose, or draw, you have Morton's support."

Following Maggio, attorney Chris Stewart was questioned. 

Baker hired Stewart in 2013 to set up PACs. 

Prosecutors said the PACs allowed Morton to donate money straight to Maggio's campaign. 

Stewart testified that while he was writing the PAC checks, he was concerned where the money was going. 

After that, people who were listed as PAC officers started contacting Stewart to remove their name as they had no idea about them. 

That's when Stewart approached the FBI because he knew something was wrong. 

The defense showed other candidates listed under the PACs contributions, with Stewart testifying that to be true.

Two other witnesses were people whose names were on a PAC without their knowledge that Baker put together. 

Court is in recess on Friday, July 30, and will continue Monday, Aug. 2 at 8:30 a.m.

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