Beaumont Enterprise, The (TX)
Who do you believe?
November 20, 2002
Section: A-Section
Page: A1
The Enterprise
Beth Gallaspy
Memo: 'Terry Samuel's statements are backed up by evidence. David Moore's statements are backed up by nothing.'
-- Assistant U.S. Attorney Joe Batte
'He is walking reasonable doubt.'
- Dan Cogdell, David Moore's attorney, on Terry Samuel
Illustration: Illustration, Photo
Caption: (1) Illustration by Bryan Welborn/The Enterprise - Defense attorney Dan Cogdell addresses the jury during closing arguments in the public trial of David Moore.
(2) Photo by Dave Ryan/The Enterprise - Jump page - Former Mayor David Moore stops long enough to talk to the media before entering the federal courthouse on Tuesday.
Lawyers on opposite sides stripped a high-profile public corruption case down to the same key question in closing arguments Tuesday - whether jurors believe San Antonio businessman Terry Samuel or former Mayor David W. Moore.
Prosecutors argued that Samuel's testimony is credible and backed by other evidence. Moore's attorneys said the former mayor was a better, more believable witness.
"You had the luxury of a man who spoke to you from the heart," said Moore's attorney, Chip Lewis. "You heard him. He's been waiting two long years to tell his story on a level playing field."
But, Assistant U.S. Attorney Joe Batte said that while people want to trust public officials, Moore does not deserve that trust.
"His defense is... 'Trust me. This isn't what it looks like. It isn't a bribe, even though it looks like a bribe,'" Batte said.
After a full day of final arguments Tuesday, jurors began deliberating the fate of Moore and former Councilman John K. Davis on charges of conspiracy, bribery, mail fraud and money laundering. The jury of seven women and five men met behind closed doors for about 50 minutes Tuesday evening and chose a jury foreman before leaving the courthouse at 5:40 p.m. Deliberations continue at 9 a.m. today.
Batte told jurors that to believe Moore testified truthfully, they must believe that three high-ranking law enforcement officers, as well as several other witnesses for the prosecution, lied.
"Let me tell you something folks, when you don't volunteer the truth, that's the same as lying. Think about your kids," Batte said.
Moore's attorney, Dan Cogdell, urged jurors to disregard Samuel's testimony.
"The fact that he said something happened makes it less likely not more likely," Cogdell said.
Samuel was convicted a year ago on 26 federal felonies including bribing Moore and Davis.
He testified for the government in hopes of a lighter sentence and dismissal of 67 pending charges.
Cogdell said the government's deal with Samuel turned the justice system upside down.
"If you convict David Moore of any count -- not 16, not 15, not 1 -- you are embracing an ideology that ought to make you pause like no other," Cogdell said.
Cogdell also argued that while prosecutors showed that Davis bought a hot tub and BMW, they could not show an extravagant lifestyle for Moore.
However, Batte, the final lawyer to speak to the jury, argued that Moore might simply have been better at concealing ill-gotten gains.
"Should the smart ones go free, because he didn't leave a trail like John Davis did, because he didn't go out and buy a hot tub?" Batte asked.
Davis' attorney Tom Burbank also referred to the hot tub and BMW in closing arguments but said evidence showed that Davis financed both.
"Does it make sense that he got all this money? Where is it? What did he do with it?" Burbank asked.
Burbank noted that his client pleaded guilty to bribery three years ago, but admitted his mistake.
"There's an easy out," Burbank told jurors. "You can connect what he did before and be out of here in a minute. But that's not what you're charged with."
Burbank said that Davis made a habit as councilman of working to help people and improve the ward he represented.
He characterized Davis' dealings with Samuel in the same way.
"The government's taking all these every-day facts, and they're twisting it to make it look evil," Burbank said.
Jurors can continue deliberating as long as they deem necessary to reach a unanimous verdict. They must consider each of the 16 counts against Moore and 11 counts against Davis separately.
Reach this reporter at:
409-833-3311 ext. 425
