Ex-legislators maneuver as corruption trial nears

Wiretap evidence. Secret video recordings. Statements by "unindicted co-conspirators," as the prosecution calls them.

Kott's and Weyhrauch's defense lawyers are filing court pleadings at a furious rate as the Sept. 5 trial date nears. Prosecutors, meanwhile, say at least part of the legal battle is too late.

On Monday, a magistrate judge issued a recommendation that the two former lawmakers be tried together.

Weyhrauch was trying to split his case apart from Kott's. His reasons weren't stated publicly because the argument, like many in the case, was filed "under seal." But in his 12-page recommendation Monday, Magistrate Judge John D. Roberts shed some light on the issues raised by Weyhrauch:

• Worries about a spillover effect, if the government has more evidence against Kott. Frequently, that's the situation with co-defendants, Roberts wrote.

"The argument that Weyhrauch never became intoxicated, used foul language or was given a hat with the letters "CBC" (corrupt bastard's club) may serve to distinguish him from the actions of his co-defendant in the jury's assessment of the case," Roberts said. Jurors should be able to separate the evidence against each, and the judge may give special instructions along those lines, he said.

• If the two men are tried together, Weyhrauch's defense lawyer believes the prosecution may try to prove there were multiple conspiracies, but Weyhrauch is accused of participating in only one.

Weyhrauch and Kott were indicted on a charge of conspiring with two Veco Co. executives, Bill Allen and Rick Smith, and others on the rate for a new state oil tax. Both Allen and Smith have since resigned. Veco is an oil field services company.

If evidence of multiple conspiracies is proven at trial, that could be harmful to Weyhrauch and make a conviction "vulnerable to attack on appeal," Roberts acknowledged. But until the trial happens, it's impossible to know whether that will be the case, he said in his recommendation.

U.S. District Court Judge John Sedwick ultimately will decide the issues.

Doug Pope, one of Weyhrauch's lawyers, said that despite Roberts' recommendation, his client's case still could be split apart from Kott's -- after the trial begins and evidence is admitted. That's usually how such matters play out, he said.

The deadline for motions was July 24. That's the same day prosecutors turned over to the defense 1,601 pages of materials used to support their search warrant application. There simply wasn't enough time to handle that volume of documents, Kott's lawyer, Jim Wendt, wrote in a court filing.

Judges can allow defense lawyers to make new arguments, even at this late date.

The reason the prosecution didn't provide the documents sooner? It's "because the materials disclose multiple ongoing, non-public investigations," according to a filing by prosecutors.

The details of the search warrant documents remain largely hidden from the public -- "under seal," to use the court term. Both sides have filed documents that way. Prosecutors said in one court document that they didn't want information about other suspects or investigations to become public.

Roberts ordered on Friday that no more documents in the case be filed under seal unless the lawyers first get permission from a judge. The order surprised the defense lawyers.

"He came in like a cowboy out of left field on that," Pope said.

Calls to prosecutors weren't returned Friday or Monday.

Weyhrauch, a Republican from Juneau, did not run in 2006. Kott, a former Republican House Speaker from Eagle River, was defeated in the 2006 primary and now lives in Juneau.

Find Lisa Demer online at adn.com/contact/ldemer or call 257-4390.