Jury Issues Split Decision in Galletly Trial
After only one hour and 15 minutes of deliberation, a six-person jury returned a split verdict in the contract splitting trial of Grove City Manager Bill Galletly, Wednesday afternoon.
The jury found Galletly guilty on Count 1, the White Building Project, and assessed a fine of $500, the maximum allowed for the misdemeanor, and issued a Not Guilty verdict in Count 2, known as the City Hall Remodel Project.
Notice of appeal was immediately filed by Jack Gordon, Jr., attorney for Galletly. An appeal bond of $1800 was set and must be posted by 5 p.m. Friday. Sentencing date was set for March 28 at 1 p.m. The case will now go to a five-judge Criminal Court of Appeals in Oklahoma City.
Quicker than Elvis, the jury left the building and had no comment on how they reached their decision.
Prosecutor Ben Loring had told the jury in final closing arguments that "it would be a travesty of justice to access the maximum punishment for these offenses, if the city manager is found guilty. But it would also be a travesty to do nothing."
The jury was apparently able to understand that the ADA compliant doors that were added to the city hall remodeling project were not part of the original remodel plan, and thus the project did not exceed the $25,000 required for bidding out the items.
However, the White Building project, home of Rocket Gaming, was more complex and Judge Robert Haney refused to allow the main defense witness to testify on several issues.
Dale Marlar, former city attorney for the City of Claremore for 24 years, was to testify on behalf of the defense on such matters as forced accounting and express his opinions on matters of contracts, purchase orders, line items, etc. Marlar handled city council legal matters and had special training in the Oklahoma Competitive Bidding Act, he told the court.
Loring objected to his testimony and Judge Haney ruled that it would not be allowed.
"He has special training in law, not sewer and gas projects," Haney advised the attorneys.
When questions on forced accounts came up, Haney admonished Gordon and said it would not be allowed. The jury was twice sent out of the courtroom during these discussions.
Gordon attempted to educate the jury on the difference between a "contract and a project." Each contract taken separately did not result in any expenditures over $25,000 but the sum total of the project was $171,000, he told the court. "Not one contract was over $25,000," he said.
Loring countered with "if that is the case why do we have a statute on Competitive Bidding?" No testimony was ever offered concerning construction delays due to rain or encountering rock, which forced the cost increase.
Galletly never took the witness stand in his defense.
Jack Bower, city utility manager, was recalled by the defense Wednesday morning but said that at one point work was ongoing on both sewer and gas lines. That left him as the only defense witness allowed to testify and testimony that did not help the defense.
Loring, in closing arguments said "the victim here is good government, the taxpayers. The initial proposal for the project was $85,000 but $118,000 was spent on the sewer project. Would it have been cheaper to bid it out?"
No estimates were available on how much the taxpayers paid for the prosecution of this case, which Gordon called a "no harm, no foul issue."
"The city is better off with Rocket Gaming and more than 100 employees, and the city hall looks much better for visitors," Gordon reminded the jury.
Galletly's wife and daughter wept as they left the courthouse and Galletly said he was exhausted from the trial.
In attendance in the courtroom the past three days have been two airport board members, a couple of city councilors, and others who either support Galletly or want him terminated. Loring said in his closing arguments that "this is the largest gallery I have seen in some time, not even in a murder case do we have this many people in the courtroom."
The city has already appealed last week's decision in the Metcalf case and will ask that former councilman Charles Rowe be included since he was on the city council at the time, but left out of Metcalf's filing against the council, said a city official.
It is clear to many that for the near future, the bickering and division over city government will continue and additional lawsuits may even be filed, with a Grand Jury going back in time to the previous administration.
The jury found Galletly guilty on Count 1, the White Building Project, and assessed a fine of $500, the maximum allowed for the misdemeanor, and issued a Not Guilty verdict in Count 2, known as the City Hall Remodel Project.
Notice of appeal was immediately filed by Jack Gordon, Jr., attorney for Galletly. An appeal bond of $1800 was set and must be posted by 5 p.m. Friday. Sentencing date was set for March 28 at 1 p.m. The case will now go to a five-judge Criminal Court of Appeals in Oklahoma City.
Quicker than Elvis, the jury left the building and had no comment on how they reached their decision.
Prosecutor Ben Loring had told the jury in final closing arguments that "it would be a travesty of justice to access the maximum punishment for these offenses, if the city manager is found guilty. But it would also be a travesty to do nothing."
The jury was apparently able to understand that the ADA compliant doors that were added to the city hall remodeling project were not part of the original remodel plan, and thus the project did not exceed the $25,000 required for bidding out the items.
However, the White Building project, home of Rocket Gaming, was more complex and Judge Robert Haney refused to allow the main defense witness to testify on several issues.
Dale Marlar, former city attorney for the City of Claremore for 24 years, was to testify on behalf of the defense on such matters as forced accounting and express his opinions on matters of contracts, purchase orders, line items, etc. Marlar handled city council legal matters and had special training in the Oklahoma Competitive Bidding Act, he told the court.
Loring objected to his testimony and Judge Haney ruled that it would not be allowed.
"He has special training in law, not sewer and gas projects," Haney advised the attorneys.
When questions on forced accounts came up, Haney admonished Gordon and said it would not be allowed. The jury was twice sent out of the courtroom during these discussions.
Gordon attempted to educate the jury on the difference between a "contract and a project." Each contract taken separately did not result in any expenditures over $25,000 but the sum total of the project was $171,000, he told the court. "Not one contract was over $25,000," he said.
Loring countered with "if that is the case why do we have a statute on Competitive Bidding?" No testimony was ever offered concerning construction delays due to rain or encountering rock, which forced the cost increase.
Galletly never took the witness stand in his defense.
Jack Bower, city utility manager, was recalled by the defense Wednesday morning but said that at one point work was ongoing on both sewer and gas lines. That left him as the only defense witness allowed to testify and testimony that did not help the defense.
Loring, in closing arguments said "the victim here is good government, the taxpayers. The initial proposal for the project was $85,000 but $118,000 was spent on the sewer project. Would it have been cheaper to bid it out?"
No estimates were available on how much the taxpayers paid for the prosecution of this case, which Gordon called a "no harm, no foul issue."
"The city is better off with Rocket Gaming and more than 100 employees, and the city hall looks much better for visitors," Gordon reminded the jury.
Galletly's wife and daughter wept as they left the courthouse and Galletly said he was exhausted from the trial.
In attendance in the courtroom the past three days have been two airport board members, a couple of city councilors, and others who either support Galletly or want him terminated. Loring said in his closing arguments that "this is the largest gallery I have seen in some time, not even in a murder case do we have this many people in the courtroom."
The city has already appealed last week's decision in the Metcalf case and will ask that former councilman Charles Rowe be included since he was on the city council at the time, but left out of Metcalf's filing against the council, said a city official.
It is clear to many that for the near future, the bickering and division over city government will continue and additional lawsuits may even be filed, with a Grand Jury going back in time to the previous administration.
posted by Editor | 3:39 PM
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