PANAMA CITY — Judge Richard Smoak will allow testimony from local business owners who are expected to say Terry Dubose duped them out of tens of thousands of dollars to avoid personal loses as his banking company circled the drain.
Smoak sided with Assistant U.S. Attorney Gayle Littleton that the similar fact evidence will help her prove Dubose acted with intent in a conspiracy to defraud the Federal Deposit Insurance Corporation’s Temporary Liquidity Guarantee Program (TLGP) out of millions of dollars.
Dubose, who is charged with Elwood West and Frank Baker with a dozen felonies in connection to the alleged conspiracy, will be prejudiced by the testimony and the jury will be confused by it, his attorney Claire Rauscher argued.
Though Dubose is not charged with a crime for allegedly selling $140,000 in stock in Coastal Community Investments to Charlotte Newby and John McVeigh, Littleton argued the evidence should be admitted because it proves he didn’t make a mistake when he misrepresented the bank’s financial condition to qualify for the TLGP.
The notion that Dubose, Baker and West made an honest mistake when they interpreted the then-new TLGP has been a recurring theme during cross examinations of government witnesses.
On Monday, Jack Greeley, who has a deal to testify for the government, admitted under cross examination that he made mistakes in his role representing Center State, the bank that made the loan to Coastal Community Investments.
“As a lawyer you sometimes make mistakes,” Edward Garland asked Greeley, just as he and other members of the defense team have asked many of the government’s other witnesses, several of whom also made mistakes in connection to the loan.
Littleton said at the close of proceedings Monday that she still hoped to finish presenting the government’s case against West, Baker and Dubose by the end of the day Tuesday.
Smoak, who has been colorful when expressing his concerns that the lengthy trial has been so boring jurors might tune out, suggested the lawyers on both sides pull out their Shakespeare and see what the Bard had to say about attorneys. A quick Google search of, "Shakespeare attorneys," most brings up this quote from Henry VI:
“The first thing we do, let’s kill all the lawyers.”
(The line is often misinterpreted as a criticism of those in the legal profession.)