Monday, September 19, 2011

Judge denies second motion filed by defense to dismiss case against Ebro greyhound killer Ronnie Williams

http://www.newsherald.com/news/dismiss-96700-motion-second.html 

Former greyhound trainer's motion to dismiss is denied 
News Herald Staff Report - September 08, 2011

CHIPLEY -- A second motion to dismiss the case against Ronald “Ronnie” Williams has been denied.

Williams is charged with 42 counts of felony animal cruelty in relation to the death of 37 dogs in the kennels at Ebro Greyhound Park and the severe neglect of five survivors.

The motion filed by public defender Floyd Griffith in early August claimed the animal cruelty statute Williams is being prosecuted under is unconstitutional because of its vague definition of willfully causing an animals pain and suffering and “does not give fair warning” to people of common intelligence.

Circuit Court Judge Christopher Patterson denied the motion on Tuesday, stating in his order the “statutory language is both plain and unambiguous” and “the lack of specific intent provisions… does not render the statute unconstitutional on due process grounds.”

An earlier motion to dismiss was also denied last month.


Study by Dr. Guillermo Couto/OSU confirms greyhounds' blood pressure rises in veterinary hospital settings

http://www.eurekalert.org/pub_releases/2011-09/osu-ee090611.php 

'White-coat effect' elevates greyhounds' blood pressure 

COLUMBUS, Ohio – The "white-coat effect" is not reserved for only the human patients who see their blood pressure rise in response to the stress of a doctor visit.

In a new study, researchers have determined that anxiety associated with being in a veterinary hospital elevates the blood pressure in retired racing greyhounds – a breed known for having higher-than-average blood pressure in the first place.

The average systolic arterial pressure – the top number in a blood pressure reading – in the dogs was about 30 points higher in a veterinary clinic when compared to blood pressure recorded at home.

The environment seemed to make all the difference. Blood pressure readings recorded in a home were similar when taken by either a veterinary student or the dog's owner. In general, normal blood pressure in dogs, as in humans, is 120 over 80.

Some animals' blood pressure readings normalize after they've had time to acclimate to the hospital setting, but in these greyhounds, that trend is less common. According to the researchers, this study suggests that the presence of the dog owner might have a more calming effect than the passage of time in the clinic.

"We see a lot of greyhounds and they are very high-strung dogs," said Guillermo Couto, professor of veterinary clinical sciences at Ohio State University and senior author of the study. "Some greyhounds come in here with blood pressure above what an instrument can read – that is 300 systolic. We know this could not really be their blood pressure because these dogs would be dead. But we also almost never get blood pressure under 150 or 160 for systolic.

"In the study, their blood pressure was nearly normal at home, independently of whether the researcher or the owner checked the pressure. To my knowledge, nobody has documented that white-coat effect in dogs with hard data before."

Most of the estimated 200,000 pet greyhounds in the United States are former racers that have been adopted at the end of their careers. Couto and colleagues recommend that retired racing greyhounds' blood pressure be recorded in the home if possible to provide a more accurate measure.

The study is published in the current issue of the Journal of Veterinary Internal Medicine.

The scientists performed the study with 22 retired racing greyhounds that are enrolled in a blood donor program at Ohio State's Veterinary Medical Center. The average age of the dogs was 7 ½ years. Twelve were male and 10 were female.

Blood pressure measurements were taken in three different ways: in the veterinary medical center by a veterinary student wearing scrubs; in the dog's home by that same student, again wearing scrubs; and in the home by the dog's owner.

In-home blood pressure readings were taken between seven and 28 days after the hospital measurements to avoid any effects of the dogs' blood donations during their hospital stays. The owners then followed the student's in-home reading 24 hours later.

The student used a specialized machine and instructed each owner on how to use it, providing reading material and offering a demonstration. The machine costs about $1,500, but Couto said manufacturers are currently working on developing a less expensive and more user-friendly device that could be used by dog owners in a home setting.

The researchers recorded systolic pressure, diastolic pressure – the lower number in a blood pressure reading, mean arterial pressure and heart rate.

The systolic and mean arterial pressures, as well as heart rate readings, taken in the hospital were significantly higher than all of those same measures taken in the home environment. The average hind-limb systolic pressure was 165, compared to at-home measures of 131 and 133 when taken by the researcher and the owner, respectively.

"This study emphasizes the need to consider the environment in which the blood pressure is measured before diagnosing or eliminating hypertension," Couto said.

Unlike the blood pressure readings, heart-rate levels, while still higher than in the home, were lower in the clinic among "veteran" greyhounds that had frequently visited the hospital before the study. According to the researchers, this finding suggested that acclimation to the clinical environment did affect this particular stress response.

The researchers also found that the limb used to measure blood pressure affected the results. Measures were taken in both forelimbs and hind limbs. Measures tended to be higher in the back legs, but the reasons for this were not determined by the study.

Couto and his colleagues are now exploring whether retired racing greyhounds' hypertension resulting from this white-coat effect causes any damage to their kidneys or other organs.

Couto, an oncologist, is leading a number of studies on these animals to gauge the effects of racing on their health, as well as likely genetic contributions to their high risk for bone cancer. Since he adopted his first retired racing greyhound 20 years ago, he has been committed to investigating their physiologic idiosyncrasies.

"They're hypertensive and yet they don't have target organ lesions that people with hypertension get. They have strokes, unlike most dogs, but the strokes they have are different from strokes in hypertensive humans. Their kidneys and eyes don't take a beating from the high blood pressure," he said. "So my thinking is that greyhounds are 'Type-A personality' dogs. They are raised in a racing environment, but they are pack animals, so this stresses them out. And then once they retire, they are couch potatoes. We're trying to put all of this together, and it's all aimed at promoting wellness in these dogs."


This research was supported by the Ohio State University College of Veterinary Medicine Summer Student Research Fellowship Program and Ohio State's Greyhound Health and Wellness Development Funds.

Co-authors include fourth-year student Christina Marino, clinical instructor Richard Cober and Maria Iazbik, managing director of the Animal Blood Bank, all of Ohio State's College of Veterinary Medicine.


Alabama bingo retrial delayed

http://www.chron.com/news/article/Judge-delays-retrial-in-Ala-gambling-retrial-2141096.php 

Judge delays retrial in Ala. gambling retrial
By Phillip Rawls, Associated Press - August 25, 2011

MONTGOMERY, Ala. (AP) — A federal judge on Thursday agreed to postpone a retrial in Alabama's gambling corruption case for three months to give attorneys on both sides more time to prepare, even though the new date could cause a conflict with their favorite college football teams.

U.S. District Judge Myron Thompson had originally set the retrial to begin Oct. 3, but both defense and prosecuting attorneys complained that didn't give them enough time to get ready and handle other cases they have.

During a hearing Thursday, Thompson set a tentative date of Jan. 9.

Bill Baxley, defense attorney for VictoryLand casino lobbyist Tom Coker and a University of Alabama graduate, pointed out that date coincides with the national football championship game in New Orleans, and some of the people in the trial and some of the potential jurors might want to attend the game if Alabama or Auburn is competing in it.

Baxley's request for a different date got shot down by the judge. "You have a judge who went to neither Alabama nor Auburn," said Thompson, who got his undergraduate and law degrees from Yale University.

Thompson said he will rule later on federal prosecutors' request to split up the seven remaining defendants for three separate retrials rather than trying them all at once.

Thompson said the federal government chose to indict the defendants together and try them together initially, and he's reluctant to split them up for retrials.

"You indicted them together. You deal with the consequences," he told federal prosecutor Edward Kang.

Originally, nine defendants were tried together for nine weeks and then jury deliberations took an additional week. On Aug. 11, the jury acquitted two defendants, Sen. Quinton Ross of Montgomery and VictoryLand lobbyist Bob Geddie. The jury found the others not guilty on some charges and couldn't reach a verdict on others. No one was convicted.

Kang said the trial took much longer than anticipated because the defense spent many days questioning witnesses presented by the prosecution.

The judge bristled at that comment and said the trial went unusually fast for one involving well-known defendants facing multiple charges.

"I challenge you to find another case that tried nine defendants in nine weeks," Thomspon told Kang. 

Kang said the prosecution wants to split the defendants into three groups for separate retrials because that would make the trials shorter and less complex. He proposed trying VictoryLand casino owner Milton McGregor and former legislative bill writer Ray Crosby first. Sen. Harri Anne Smith of Slocomb would be second. The remaining four defendants — former Sens. Larry Means of Attalla and Jim Preuitt of Talladega, casino spokesman Jay Walker and Coker — would be last.

All of the defendants except Coker oppose that.

One of McGregor's attorneys, Ben Espy, said prosecutors were trying to change the rules in the middle of the game because they were unhappy with the outcome. "They are concerned about getting an advantage," he said.

He said selecting three juries and holding three trials would take far longer than a single combined trial because much of the testimony would be repeated in each trial.

If the judge splits up the defendants for retrial, the first case would begin Jan. 9.

In addition to ruling on one retrial or three, the judge also must rule on the prosecutors' request to talk to jurors from the first trial to see why they couldn't reach a verdict on some charges. Thompson said federal judges in Montgomery usually don't allow jurors to be questioned after a trial.


Wednesday, August 17, 2011

It ain't over yet, Alabama - Gambling corruption retrial set for October 3

http://www.nytimes.com/2011/08/16/us/16brfs-RETRIALSETIN_BRF.html 

Alabama: Retrial Set in Corruption Case
By Associated Press - August 15, 2011

A federal judge plans to retry parts of a gambling corruption case starting Oct. 3. 

A jury returned not guilty verdicts on 91 charges last week and could not reach a unanimous decision on 33 others. The seven remaining defendants — four current or former lawmakers, two high-profile lobbyists and one of the most powerful businessmen in the state — faced charges involving buying and selling votes on legislation that would legalize electronic bingo games in the state. 

Two other defendants were acquitted of all charges. 

Judge Myron Thompson of Federal District Court scheduled the retrial date on Monday after talking with federal prosecutors and defense lawyers. 

The Justice Department asked the judge to split the seven remaining defendants into three groups for retrial, while some defense lawyers want one combined trial. Judge Thompson has not decided that issue.


Alabama bingo trial ends in acquittals and mistrials, no convictions

http://www.nytimes.com/2011/08/12/us/12bingo.html?_r=2 

In Alabama, No Verdicts of Guilty in Graft Case
By Campbell Robertson, New York Times - August 11, 2011

MONTGOMERY, Ala. — A sprawling federal investigation begun nearly two years ago into corruption at the highest levels of state politics concluded Thursday with acquittals or mistrials, ending, at least temporarily, a case that could have put sitting politicians and powerful campaign donors behind bars. 

Of the nine defendants — including four current or former lawmakers, two high-profile lobbyists and one of the most powerful businessmen in the state — a federal jury found two not guilty on all counts and acquitted the rest on some counts, while a mistrial was declared on others. No one was convicted on any charge. Jurors had deliberated for a week. 

The case, which involved allegations of a scheme in which casino operators and lobbyists bribed state lawmakers for favorable votes on a gambling bill, was unquestionably a complicated one. 

But while the judge has already said he will schedule a new trial within the month and new indictments are even expected, the result was a serious blow to federal prosecutors, who had charged defendants on 39 counts including bribery and extortion. 

“They scored zero today,” said Susan James, the attorney for Jay Walker, a former spokesman for an Alabama casino complex who was acquitted on all but two charges. “This jury didn’t give the government a thing, not one thing.” 

Milton McGregor, a multimillionaire casino operator and prodigious political donor who was the chief target of the prosecution, was found not guilty on three counts and faced a hung jury on 14 others, including a conspiracy charge. “We appreciate the jury’s service in this important public corruption trial,” said a Justice Department spokeswoman. “Our prosecutors will discuss next steps as we move forward in this matter.”

It was an anticlimactic result to a political and legal saga in Alabama going back for years over the legality of so-called electronic bingo machines, which are nearly identical in appearance to slot machines.

The former governor, Bob Riley, and several judges found that these types of machines were against state law, despite the fact that they had sprouted up throughout the state and could be found in huge numbers at Mr. McGregor’s greyhound racing track, VictoryLand. 

The machines were to be the cornerstone of another planned casino complex, called Country Crossing, in which Mr. McGregor had a financial stake.

In the spring of 2010, the state legislature considered a constitutional amendment that would have settled the legal question, permitting and regulating some forms of gambling, including electronic bingo. 

During the session, rumors surfaced of a federal investigation, involving wiretapped phones and legislators wearing concealed recording devices. Last October, 11 people were arrested on charges of participating in a wide-ranging conspiracy to bribe lawmakers in return for “yes” votes on the legislation. Two would later plead guilty.

Over the course of the trial, jurors were treated to an inside look at a nexus of lobbying, politics and big business in Alabama, and the view was not pretty. Casual racism and sexism peppered expletive-laden conversations, promises of money were routine and many lawmakers, even those who knew they were on tape, seemed to have no problem bad-mouthing their colleagues. 

Whether or not there are eventual guilty verdicts, there is certain to be collateral damage from some of the trial testimony.

The prosecution’s case largely revolved around the testimony of two men who had pleaded guilty to taking part in the alleged bribery scheme, thousands of phone calls that federal agents had intercepted and face-to-face conversations that were secretly recorded by three state lawmakers. Many of the conversations involved Mr. McGregor and lobbyists discussing campaign donations with lawmakers as they counted votes on the gambling legislation.

Defense lawyers argued that the discussions did not constitute bribery, even when cooperating witnesses said that bribery was implied and understood. The prosecution and the cooperating witnesses, defense lawyers argued, were giving a nefarious cast to conversations about the routine give-and-take of politics.


South African commission's review of gambling industry recommends against dog racing due to welfare and financial concerns

http://www.iol.co.za/capeargus/red-light-for-dog-racing-1.1115659 

Red light for dog racing
By Marianne Merten, Political Bureau - August 11, 2011

Dog racing should not be legalised because of concerns for the welfare of the animals and doubts there are enough punters to support it. 

This emerged during a briefing in Parliament yesterday by a commission that conducted a review of the gambling industry.

“There’s a strong lobby around dog racing, but it is a very small sector. Given the limited demand and the problems associated with it, we did not think it should be legalised,” said review commission chairwoman Astrid Ludin. 

Commissioner Stephen Louw, a politics lecturer at Wits University, said that it wasn’t clear South Africa had the capacity to regulate dog racing, which was often little more than a backyard operation. 

Countries where dog racing was popular struggled to control the retirement of animals and overbreeding. 

In the case of horse racing, the commission proposed a clear separation of racecourse ownership from that of totes, and tightening of regulations on financing and taxing of bookmakers, totes and other betting offices. 

The National Assembly’s trade and industry committee heard that more research was required into dice and card games and fahfee, a long-established game of chance involving betting on numbers and symbols, often inspired by dreams. “Fahfee... has been taken over by gangs from mainland China, who are investing the money in abalone smuggling,” Louw said. 

The proliferation of poker, which is illegal outside casinos, electronic bingo machines with unlimited payouts in easily accessible venues such as shopping malls, and online gambling were also concerns. 

Better law enforcement was needed to ensure public spaces and gambling spaces remained separate, including separate entrances so shoppers didn’t accidentally come across gambling. 

Illegal establishments often remained open owing to a province’s lack of political will, and sometimes lack of capacity, to close them down, said Louw.

The review also recommended the merger of the National Lotteries and the National Gambling boards to give oversight to the National Gambling Policy Council and establish a “professional”, independent body to distribute lottery funds as grants to charities in an effort to separate the grant-making and compliance enforcement functions.


Greenetrack in the red: Alabama issues $75 million tax bill

http://www.westport-news.com/news/article/Ala-seeks-75-million-in-taxes-from-Greenetrack-1773664.php

Ala. seeks $75 million in taxes from Greenetrack
By Phillip Rawls, Associated Press - August 8, 2011

MONTGOMERY, Ala. (AP) — Greenetrack is fighting a $75 million tax bill from the state and says in court papers the assessment far exceeds the track's assets.

Greenetrack's lawyers filed an appeal in Greene County Circuit Court over the state Revenue Department's attempt to collect $61.8 million in taxes and $13.7 million in interest for sales taxes not paid on electronic bingo proceeds from 2004 through 2008.

Circuit Judge Eddie Hardaway has scheduled a status conference with attorneys on Aug. 25.

"We intend to fight the assessment," track attorney John Bolton of Montgomery said Monday.

Carla Snellgrove, spokeswoman for the Revenue Department, said the department doesn't comment on pending litigation.

The tax case involves the 850 electronic bingo machines operated by the track prior to a raid by then-Gov. Bob Riley's gambling task force in July 2010. Riley's task force contended the machines were illegal slots and seized them.

The track's attorneys argue in court papers that state law doesn't allow sales taxes to be collected on gross receipts from electronic bingo machines. They also argue that the track is not liable because charitable organizations had the licenses to operate the machines and paid Greenetrack for its property, use of the machines and staff.

Greenetrack was once one of the nation's most popular dog tracks. But full-fledged casinos in Mississippi and the opening of a dog track in Birmingham cut its business to the point it discontinued live racing and relied on simulcast races and electronic bingo to bring business to the rural track 85 miles southwest of Birmingham.

In court filings, the track's accountants list its total assets at $15.75 million — or about one-fifth of what the state government says it owes.

Bolton said that the tax dispute resulted from an audit done by the state Revenue Department, and that he is unaware of any audit being conducted for the period from 2009 through the closure of the machines.

A separate court hearing is scheduled Tuesday on a new type of electronic bingo machine that Greenetrack opened in March.

State police seized the new machines May 31 using a search warrant obtained by state Attorney General Luther Strange's office, which contended the machines were illegal slots. The judge who issued the search warrant, Special Circuit Judge Houston Brown, ruled last Wednesday that the warrant was based on misleading information and that Strange must return the machines.

The judge will hear a request from Strange on Tuesday to put the order on hold while the attorney general appeals to the Alabama Supreme Court.


Tuesday, August 9, 2011

Ronnie Williams' defense: He didn't murder the greyhounds, he just let them suffer and die (slowly and painfully)

http://www.waltonsun.com/news/charges-95929-newsherald-suspect-chipley.html 

Greyhounds abuse suspect denied motion to dismiss charges
By Chris Olwell, News Herald Writer - August 8, 2011

CHIPLEY — A Chipley man contends that while he may be responsible for the deaths of 37 dogs, he did not kill them.

But Judge Christopher Patterson denied a motion to dismiss 42 counts of felony animal cruelty against Ronald “Ronnie” Williams on Monday. Williams is accused of letting 42 greyhounds in his care die of starvation, dehydration or asphyxia in a kennel at Ebro Greyhound Park.

Thirty-seven greyhounds were dead when an investigator with the Florida Department of Business and Professional Regulation discovered them at Ebro on Oct. 29, 2010. Another five dogs still were alive among the decaying remains of the dead.

Three of the surviving animals had duct tape wrapped around their necks so tightly they were gasping for air when they were discovered, officials said. There was also duct tape wrapped around the neck of one of the dead dogs.

Deputy Public Defender Floyd Griffith filed a motion to dismiss the charges. In the motion, Griffith argued that, in the case of the animals with necks not wrapped in duct tape, whatever crime that occurred was only a misdemeanor because it was an act of omission rather than commission. As for the dogs with the tape around their necks, Floyd wrote there is no evidence Williams was responsible.

Essentially, the motion argued Williams didn’t do anything to kill the dogs; they died as a result of what he allegedly didn’t do. If Williams had shot the dogs, he would be guilty of felony animal cruelty because he would have acted intentionally. Merely depriving the animals of necessary food, water or shelter until they die is only a first-degree misdemeanor, Floyd argued.

In the state’s response to the motion, Assistant State Attorney Erin Oliver wrote there was evidence Williams applied the duct tape. Williams admitted to being custodian of the animals and was in “exclusive [sic] possession” of the kennel. Even if the evidence is only circumstantial, it should be sufficient to withstand the motion to dismiss, she argued.

“If the state’s evidence is all circumstantial, whether it excludes all reasonable hypotheses of innocence may only be decided at trial, after all the evidence has been presented,” she wrote.

Patterson ruled on the motion without hearing oral arguments Monday because the facts were in dispute.

“I do find that there are material and disputed facts that do exist… and the court is required by law to deny your motion to dismiss, Mr. Williams, at this time,” Patterson said.

Patterson also ordered a subpoena for Williams to obtain records from the veterinarians who examined the animals.


Alabama bingo trial jury begins fifth day of deliberations

You can check in for updates at the following Twitter feed:

http://twitter.com/#!/bingotrial


Friday, August 5, 2011

Bye bye, Mile High

http://www.9news.com/news/local/article/211538/346/Commerce-City-to-take-on-65-acre-urban-renewal-project 

Commerce City to take on 65-acre urban-renewal project
KUSA Channel 9 TV News - August 3, 2011

COMMERCE CITY - The old Mile High Greyhound Park Dog Track will be torn down to make room for new businesses and housing.

Located at 62nd Avenue and Dahlia Street, the dog track has been around since 1949. The last dog races took place in 2008. Nowadays, the track is occasionally used for off-track betting but is mostly vacant.

Commerce City's Urban Renewal Authority will pay a little more than $3 million for the almost-vacant site.

"This is an opportunity, a bold step [and] a proactive step by the Urban Renewal Authority in Commerce City to look at controlling its destiny in this area and region," City Manager of Commerce City Jerry Flannery said. "The connectivity of the area has been stifled a little bit by the size of this site, so we want to connect the community and make it one."

Flannery says the Urban Renewal Authority plans to conduct a thorough extensive public process to get input from businesses and residents.

The project will be one of Denver's biggest urban renewal projects.

"Urban Renewal Authorities in Commerce City have really redefined [the city]," Flannery said. "This is one more opportunity to really make a broad statement to the region as well as our citizens in Commerce City and make them proud of this region."


Gulf Greyhound Park delays application for live race dates

http://galvestondailynews.com/story/247742 
Commission looks to race tracks to recoup money
By Michael A. Smith, Galveston County Daily News - July 31, 2011

LA MARQUE — Gulf Greyhound Park has delayed applying for live race dates in 2012 and part of 2013 as the state racing commission ponders ways to recoup about $1.7 million in annual funding taken from it by the Texas Legislature.

While the commission said it’s too early to know how it will try to recover the money, it’s clear operators at the dog racing track, 1000 FM 2004 in La Marque, expect they will have to pay more to the state in fees and won’t schedule lives races until they know how much.

The issue came to light when Gulf Greyhound Park failed to file an application for live race dates for all of 2012 and the first eight months of 2013 by the commission’s July 15 deadline. That led some industry observers to speculate the park, which like most race tracks has seen hard financial times, was about to drop live racing for a more profitable simulcasting-only format or close altogether.

Gulf Greyhound Park is the only dog track in Texas still offering a full schedule of live racing as tracks nationwide are squeezed by competition from other forms of gambling. The two other licensed dog tracks in Texas — Valley Race Park in Harlingen, and Gulf Coast Racing, in Corpus Christi — have all but abandoned live racing in favor of simulcasting. Of the estimated 632 races planned during 2012 and 2013, 622 will be at Gulf Greyhound Park, 10 at Valley Race Park and none at Gulf Coast Racing, according to the commission.

Sally Briggs, general manager of Gulf Greyhound Park, said the application for live race dates would be filed when the state decided how much more in fees it would charge horse and dog track operators.

The root of the issue is decision by lawmakers during the 82nd Legislature about who would get the money from a phenomenon called “outs” in the racing industry.

An “out” is a winning pari-mutuel betting ticket that goes uncollected by the winner.

Unlikely as it may seem, millions of dollars of winnings go uncollected at Texas horse and dog tracks each year.

From 2006 to 2010, gamblers left $8.4 million in uncollected winnings at the five horse and three dog tracks operating in Texas, an average of about $1.7 million a year.

In the past, the commission had used money from outs to help fund its operations. After Sept. 1, the money will go to the state’s general fund, leaving the commission looking for ways to make up the shortfall.

Even with the outs money, the commission’s revenues were running only about 6 percent ahead of the expenses it incurs regulating live horse and dog racing and pari-mutuel betting in the state, spokesman Bill Childs said.

The commission, which employees about 50 people, spends about $5 million a year licensing and regulating the horse and dog racing industries in Texas, according to its records.

The money is spent on such things as monitoring the health and safety of the dogs and horses, issuing licenses to track employees, ensuring wagering rules are being followed and supervising live races, according to records.

An ad hoc committee of the commission met with industry stake holders July 26 in Austin discuss, among other things, adjustments to the fees track operators and others must pay to the state.

The committee would meet again Aug. 15 and make recommendations, including about fees, to the raceing commission board, Childs said.

“It’s far too early in the process to know how the commssion will make up for that revenue,” Childs said.

In 2006, Gulf Greyhound Park petitioned the state to reduce the number of live races it held, in part because operators were feeling squeezed by fees. At the time, the park was paying live race fees of more than $200,000 a year and was expecting increases that would drive the total of all fees to more than $400,000 a year.