The Galletly Trial---Day Two--Tuesday
(Editors Note: Daily updates on the trial of the State of Oklahoma vs. Bill Galletly can be found here)
The prosecution rested its case late Tuesday afternoon without calling all of its listed witnesses, and motions for a directed verdict made by defense attorney Jack Gordon, Jr. were rejected by District Judge Robert Haney.
Haney said the issues were sufficient to go to a jury for decisions. "A jury could find either way", he said. He also rejected a motion by Gordon that the work was done under forced account and therefore not subject to the Competitive Bidding Act of 1974.
The defense plans to call at least one witness on Wednesday, followed by closing arguments, and then the issue will go to the five woman, one male jury.
Basically, in the City Hall Remodel Project issue, it comes down to whether or not the disability doors are considered part of the remodel project; in the White Building contract, the issue comes down to whether the sewer and gas lines are considered one project, or two. If separate, there was no one expense over $25,000, argued Gordon.
Witnesses testified that after Mayor Nuckolls fell and broke her ankle she could not get into City Hall since the doors were not in compliance with the Americans with Disabilities Act, established in1990. City officials decided to add the new entry doors at a cost of $12,000 which if included with the rest of the remodeling, total $34,560, over the $25,000 maximum required for bidding out.
Assistant City Manager Debbie Mavity testified that the doors were "an afterthought, not part of the original city hall remodeling project."
Judge Haney referred to the project as "little more than something drawn out on a grocery sack, difficult to determine what the remodel included," after the jury had been dismissed for the day.
Also testifying today were Lisa Allred, city treasurer, who testified that the "city was the general contractor with no purchase orders over $25,000." The remodel took place between February and July, 2005. "The best place to expense the doors, accounting wise, was as part of the City Hall Remodel Project," she said.
Bill Holt, Grove City employee, testified that he put up some trim and did some painting work in the GMSA office but the rest of the work was 'hired out."
Bob Carmical, Building and Grounds Supervisor, testified that he was not involved, but then on cross examination, said he did install the ADA doors.
Also on the stand were Larry Parham, Debbie Mavity, Randy Mathia, Jack Bower, Robert Jackson, Craig Criger, Ken Schwab, and Tisha Carroll, a CPA who works for the District Attorney's office, who had compiled spreadsheets of all the expenses in connection with the city hall and White Building projects. Again, the numbers together go over $25,000 but taken separately, do not approach $25,000 on any one project, Gordon said.
Prosecutor Ben Loring's question of Mathia "was he in custody?" referring to Mathia's visit to Galletly's office, resulted in a 35 minute conference in Judge's Chambers.
Jackson, former Grove employee who was fired in April 2005, told the jury that in his opinion the lift station pumps and control panel at the Eagle Pitcher location needed to be replaced. After ordering, it was determined by Jack Bower, Bower testified, that the pumps were fine and the problem there was caused by rainwater leaking into the lift station. The pumps ordered for this project are still in boxes in storage and can be used elsewhere at a future time, he said. Jackson told the jury that Galletly told him to get a purchase order, but when it was over $25,000 he told him to split it with two purchase orders in February 2005.
Witnesses for the prosecution that were not called included Grove Police Chief Mark Wall, who waited in the lobby outside the courtroom for some time; Ken Birkes of Premier Enterprises, councilman Gary Bishop, Pete Churchwell, chairman of the GMSA board; Virgil Luff, Mill Creek Carpet & Tile; Jim Reiling, Grove Natural Gas Supervisor; and Vicki Ratke, of Clinton, Ok.
A 10-year old seated in the courtroom asked "why is this taking so long?"
Penalty for violating the Competitive Bidding Act is up to $500 fine and/or one year in jail.
The prosecution rested its case late Tuesday afternoon without calling all of its listed witnesses, and motions for a directed verdict made by defense attorney Jack Gordon, Jr. were rejected by District Judge Robert Haney.
Haney said the issues were sufficient to go to a jury for decisions. "A jury could find either way", he said. He also rejected a motion by Gordon that the work was done under forced account and therefore not subject to the Competitive Bidding Act of 1974.
The defense plans to call at least one witness on Wednesday, followed by closing arguments, and then the issue will go to the five woman, one male jury.
Basically, in the City Hall Remodel Project issue, it comes down to whether or not the disability doors are considered part of the remodel project; in the White Building contract, the issue comes down to whether the sewer and gas lines are considered one project, or two. If separate, there was no one expense over $25,000, argued Gordon.
Witnesses testified that after Mayor Nuckolls fell and broke her ankle she could not get into City Hall since the doors were not in compliance with the Americans with Disabilities Act, established in1990. City officials decided to add the new entry doors at a cost of $12,000 which if included with the rest of the remodeling, total $34,560, over the $25,000 maximum required for bidding out.
Assistant City Manager Debbie Mavity testified that the doors were "an afterthought, not part of the original city hall remodeling project."
Judge Haney referred to the project as "little more than something drawn out on a grocery sack, difficult to determine what the remodel included," after the jury had been dismissed for the day.
Also testifying today were Lisa Allred, city treasurer, who testified that the "city was the general contractor with no purchase orders over $25,000." The remodel took place between February and July, 2005. "The best place to expense the doors, accounting wise, was as part of the City Hall Remodel Project," she said.
Bill Holt, Grove City employee, testified that he put up some trim and did some painting work in the GMSA office but the rest of the work was 'hired out."
Bob Carmical, Building and Grounds Supervisor, testified that he was not involved, but then on cross examination, said he did install the ADA doors.
Also on the stand were Larry Parham, Debbie Mavity, Randy Mathia, Jack Bower, Robert Jackson, Craig Criger, Ken Schwab, and Tisha Carroll, a CPA who works for the District Attorney's office, who had compiled spreadsheets of all the expenses in connection with the city hall and White Building projects. Again, the numbers together go over $25,000 but taken separately, do not approach $25,000 on any one project, Gordon said.
Prosecutor Ben Loring's question of Mathia "was he in custody?" referring to Mathia's visit to Galletly's office, resulted in a 35 minute conference in Judge's Chambers.
Jackson, former Grove employee who was fired in April 2005, told the jury that in his opinion the lift station pumps and control panel at the Eagle Pitcher location needed to be replaced. After ordering, it was determined by Jack Bower, Bower testified, that the pumps were fine and the problem there was caused by rainwater leaking into the lift station. The pumps ordered for this project are still in boxes in storage and can be used elsewhere at a future time, he said. Jackson told the jury that Galletly told him to get a purchase order, but when it was over $25,000 he told him to split it with two purchase orders in February 2005.
Witnesses for the prosecution that were not called included Grove Police Chief Mark Wall, who waited in the lobby outside the courtroom for some time; Ken Birkes of Premier Enterprises, councilman Gary Bishop, Pete Churchwell, chairman of the GMSA board; Virgil Luff, Mill Creek Carpet & Tile; Jim Reiling, Grove Natural Gas Supervisor; and Vicki Ratke, of Clinton, Ok.
A 10-year old seated in the courtroom asked "why is this taking so long?"
Penalty for violating the Competitive Bidding Act is up to $500 fine and/or one year in jail.
posted by Editor | 5:34 PM
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