News & Observer | newsobserver.com | Black's pay to Decker lawyer deemed OK

Published: Nov 01, 2006 12:30 AM
Modified: Nov 01, 2006 07:29 AM

Black's pay to Decker lawyer deemed OK

 

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Federal prosecutors said in court papers filed Tuesday that they have no concerns with Winston-Salem attorney David Freedman representing former Rep. Michael Decker in a criminal conspiracy case, despite House Speaker Jim Black's subsidizing of some of Decker's legal expenses.

Prosecutors said that Freedman has "consistently and zealously represented Mr. Decker's interest in the matter." They said that Freedman and Decker early on disclosed to federal authorities that Black's campaign fund helped pay the legal bills.

U.S. District Judge James C. Dever III has called for a hearing today to determine whether Decker is receiving his constitutional right to an attorney to represent him in the case.

Dever's concern is to make sure that Freedman is only looking out for Decker's interests and not that of anyone who helped pay the legal bill.

In August, Decker pleaded guilty to a conspiracy count relating to his receiving $50,000 in campaign checks and cash, and a legislative job for his son, in exchange for changing political parties and supporting Black for speaker in 2003.

Decker and federal authorities have not disclosed who provided the assistance, though Black has acknowledged helping raise campaign money for Decker after he agreed to support Black.

Black's campaign reports showed that he paid $5,000 to Freedman's law firm in June 2005, when Decker was subpoenaed to testify in the federal investigation that has focused on Black's campaign and legislative activities.

Black and his lawyer have declined to say what the money was for, but last week Freedman said that it went toward Decker's initial legal bills. Freedman said Black is no longer contributing to Decker's defense.

Decker, a Forsyth County Republican, said in an affidavit to the judge on Tuesday that he knew that Black paid the initial legal bill.

"This was done with my knowledge and consent," Decker said, adding that he later decided that he should not accept further help from Black.

He said that Freedman told him at the time that Freedman would represent only Decker's interests, and Decker said that has remained the case.

"It is my belief that Mr. Freedman does not have a conflict of interest in representing me," Decker said. "At all times he has given his advice based on what I believe is in my best interest."

Taylor rakes in funds

U.S. Rep. Charles Taylor, one of Congress' wealthiest members, ranks 17th among House members and their challengers in fundraising during the current election cycle, according to a review by Political MoneyLine, a Washington group that follows money in politics.

Taylor, a Brevard Republican, had pulled down $3.6 million as of Oct. 18, according to his reports.

Much of that is his own money. Taylor, a banker and landowner, has loaned his campaign $2.1 million.

Taylor faces Democratic challenger Heath Shuler in the toughest re-election race among North Carolina's House delegation.

Polls apart in district

It is hard to know what residents of the 8th Congressional District are thinking by looking at an Elon University Poll released Tuesday.

On one hand, residents gave a heartier nod to the Democratic candidate in the upcoming congressional election. Support for the Democratic candidate (unnamed in the poll question) was at 40.5 percent, while the Republican (who also went unnamed in the question) got 32.5 percent support. About 21 percent said they didn't know or weren't sure which candidate they would support.

But, more than 60 percent of those surveyed said they had confidence in the Republican incumbent, U.S. Rep. Robin Hayes, who is seeking a fifth term.

About 33 percent of respondents said they would have confidence in Democratic challenger Larry Kissell as their congressman, while about 29 percent said they would not have confidence in him. About 38 percent of those responding said they didn't know.

The poll, conducted Oct. 22-26, surveyed 410 district residents. The poll was not restricted to registered or likely voters. It has a margin of error of 4.93 percentage points.

"There are definitely mixed signals coming from people in the 8th District as these results offer no clear indication as to what may happen next week," poll director Hunter Bacot said in a statement.

Kane can be reached at 829-4861 or dkane@newsobserver.com.
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