Decker gets 4 years, fine for payoffs

A federal judge gives the former Forsyth legislator more time than prosecutors sought. He says Decker's actions subverted the 2002 elections and disrupted the state House

Former Rep. Michael Decker will spend four years in prison for selling a vote that let former Rep. Jim Black serve a record-tying four terms as House speaker and make decisions that will shape North Carolina for years.

U.S. District Judge James C. Dever III found the act so egregious that he rejected prosecutors' recommendations that Decker, 62, a Forsyth County Republican, spend no more than 18 months in prison.

Dever found that Decker and Black's scheme subverted the 2002 legislative elections, kept a corrupt lawmaker in one of state government's most powerful positions, and fostered deep public cynicism about elected officials.

"One would be hard pressed to identify a more severe potential or actual disruption to the functioning of the House of Representatives," Dever said.

Decker's voice often broke as he told Dever in court that he was sorry for his crime.

"I just regret mostly that the punishment you get ... you could take if it were just you suffering," Decker said. "But that suffering is spread among many people and I think that's the most difficult thing I have to deal with."

Dever also ordered Decker to pay a $50,000 fine, equal to a bribe Decker sought from Black in the bathroom of an IHOP restaurant in Salisbury about a month before the 2003 session. Black, a Mecklenburg County Democrat, gave Decker a combination of cash and campaign contributions after Decker switched parties and voted for Black as speaker. Black also provided Decker control of a legislative job that Decker then gave to one of his sons.

Decker's wife, Marlene, and a son were in court supporting him. But son Michael Jr. did not attend. He received the legislative job without knowing it was part of a bribe. His relationship with his father is "strained," said David Freedman, Decker's lawyer.

Outside court, Decker said "personal greed" caused him to seek the bribe and the job for his son. Black also created and secured funding for a $48,000 state tourism job for Decker after he lost re-election and left office after 20 years as a lawmaker.

Decker's vote for Black in 2003 was crucial. In the 2002 elections, Republicans regained control of the House by a 61-59 margin. Decker's party switch left the House deadlocked. It allowed Black to become a co-speaker in a coalition government co-led by former Rep. Richard Morgan, a Moore County Republican.

Though Black and Morgan were co-speakers those two years, Black controlled more committee chairmanships, including the powerful Rules Committee, which serves as a traffic cop for legislation. One of the big decisions the legislature made that session was to redraw the boundaries of House districts, which forced several Republicans into tough races, and then out of office.

"Decker changed the face of politics in North Carolina for 10 years, until the next redistricting," said one of those lawmakers, former Rep. Frank Mitchell, an Iredell County Republican. "That's how long it's going to take, because he gave the majority away to a group that had not earned it."

Democrats regained the House in 2004 and elected Black to a record-tying fourth term as speaker. Black, 72, resigned at the start of the 2007 session and pleaded guilty to corruption charges in state and federal courts.

Prosecutors had sought a substantial break for Decker. They said if he had not admitted taking the bribe, they might not have forced Black to plead guilty.

"[W]hen two corrupt men make a deal in the bathroom of a restaurant they keep it a secret," said John Stuart Bruce, first assistant U.S. attorney.

Shortly after Decker pleaded guilty to conspiracy in August, three chiropractors came forward and told the government that they had given Black $29,000 over the past few years while Black pushed for legislation favorable to their profession. Black has admitted accepting the money.

Freedman, Decker's lawyer, said his client came forward in March 2006 out of a sense of remorse. But Decker had not turned government witness until shortly after State Board of Elections hearings showed that he had pocketed hundreds of dollars in campaign contributions that he did not record on campaign finance reports. Investigators also learned that Decker had not paid taxes on some of his ill-gotten gains.

Decker said he held no anger for Black, who is up for sentencing next month. Decker also said he would not appeal his sentence, which includes two years' probation. "I'm satisfied with my sentence," Decker said. "I just want to pay my penalty and get on with living my life again."

Federal authorities declined to comment beyond a news release that emphasized their commitment to fighting public corruption. Their investigation is continuing; a subpoena issued recently shows they are looking at the campaign and legislative activities of Morgan, the other beneficiary of Black and Decker's deal. Morgan, who lost re-election last year, and his attorney say he was unaware of the bribe and has done nothing wrong.