Former state Sen. Charles Walker and his daughter, Monique Walker-Hill, could say little at their federal arraignment Wednesday. But their attorneys and the prosecutors presenting the 142-count indictment against them sparred openly in U.S. District Court.
The Augusta businessman and his daughter, an attorney, entered innocent pleas to each charge lodged against them.
"Mr. Walker denies there were any schemes," his attorney, Edward T.M. Garland, got to say before Assistant U.S. Attorney Richard Goolsby cut him off, complaining to the judge that this was a time to enter a plea, not make a sermon.
"And enters a plea of not guilty to each and every single charge," Mr. Garland completed.
Ms. Walker-Hill's attorney, Jerome J. Froelich Jr., also entered an innocent plea on her behalf and informed U.S. Magistrate Judge W. Leon Barfield that he would be joining Mr. Garland's motion to dismiss the indictment.
Mr. Garland filed such a motion earlier this month, but on Wednesday Judge Barfield told him it was denied because he had not followed the court rules. Judge Barfield also explained that it is an issue normally decided by the trial judge after he hears the facts presented.
Judge Barfield reminded the defense attorneys that every element of each allegation in an indictment must be proven beyond a reasonable doubt.
"They're stuck with the indictment," the judge said.
The defense's request to strike certain language from the indictment and sanction prosecutors for making a case to the media can be raised again in his magistrate court if done properly, Judge Barfield said.
Mr. Garland said the defense believes the indictment reads like a "fictitious novel." His earlier, failed motion also accused prosecutors of violating stringent local rules by issuing a news release after the indictment was returned in June.
Mr. Goolsby countered that if prosecutors hadn't detailed all allegations and instead issued a boilerplate indictment, then they would stand accused of not providing enough detail needed to defend the charges. He also asked the judge to remind defense attorneys they should not be making statements about the evidence or their clients' guilt or innocence to reporters.
Judge Barfield said he expected the attorneys to follow the court rules in that regard, but because this case takes place in the midst of Mr. Walker's campaign to recapture his state Senate District 22 seat, the judge was not going to wade into First Amendment issues.
Mr. Walker has told The Augusta Chronicle he and his daughter are innocent of all charges and that the prosecution was instigated in an attempt to keep him from winning another term in the Legislature.
The indictment accuses Mr. Walker and Ms. Walker-Hill of conspiracy and mail fraud, saying they bilked advertisers in his Augusta Focus newspaper and contributors to the CSRA Classic charity football event. Both are also accused of filing false tax returns.
Mr. Walker is accused of mail fraud in his business dealings with Atlanta's Grady Memorial Hospital and the Medical College of Georgia.
He is also accused of mail fraud for allegedly using campaign contributions for personal uses.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
WHAT'S NEXT:
Charles Walker and Monique Walker-Hill will remain free on their own recognizance. A trial date will be set after defense attorneys study about 35,000 pages of discovery, including exhibits and witnesses' statements, and make motions they determine relevant.
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