Openings & Closings | Regulation

Anticipation builds for testimony of Choctaw Nation leaders

Monday, November 17, 2014

Then-assistant chief Gary Batton went on a 2010 hunting trip that was financed by a company whose executives pleaded guilty for defrauding the Choctaw Nation. One of those executives -- Brent Alan Parsons -- is seen here with Batton. Photo from Pueblo of Acoma Big Game Trophy Hunts

MUSKOGEE, Oklahoma -- A federal judge refused to dismiss criminal charges against a former Choctaw Nation employee on Friday as anticipation grew for the testimony of two tribal leaders who have been drawn into the scandal.

Chief Judge James H. Payne denied the motion on the same day the U.S. Attorney's Office wrapped up its case against Jason Merida, the former head of construction for the tribe. He's accused of accepting hundreds of thousands of dollars in gifts, trips and other items of value from outside companies that were eager for casino contracts.

But as the trial enters its third week, all eyes are pointing at two men who are not charged with any crimes. With snow blanketing much of the state, Choctaw citizens are heading to the federal courthouse here today with the hopes of hearing testimony from Chief Gary Batton and former Chief Greg Pyle.

Batton and Pyle were potential witnesses for the federal government but prosecutors never called them to the stand during their 12-day presentation. Both accepted gifts and contributions from outside companies although they have donated what they said were equivalent dollar amounts to charities, educational institutions and various organizations.

One of the federal government's key witnesses, however, lodged a potentially troublesome accusation against Batton and Pyle that will likely be brought up as Merida mounts his defense. In an interview with federal agents and in testimony during the trial, Brent Alan Parsons -- who pleaded guilty to defrauding the tribe -- claims he gave $20,000 each to the two leaders.

There appears to be no record of the alleged donation and there is no evidence that either Batton or Pyle received such a sum. Parsons also said he gave $20,000 to Janie Dillard, the executive director of the tribe's gaming enterprise who testified last week on behalf of the government.

Then-assistant chief Gary Batton and then-chief Greg Pyle celebrate at the opening of a new Choctaw Nation casino in Durant, Oklahoma, in February 2010. Photo from Facebook

Parsons further claimed that Tom Maxwell, the chairman of Flintco, another company whose former employees pleaded guilty for their role in cheating the tribe, gave something to Batton. According to Parsons, the then-assistant chief was seen taking an envelope at the opening of the Choctaw casino expansion in Durant in February 2010.

The accusation was salacious enough that it prompted the company -- which has strong ties to Indian Country and was Indian-owned up until last year -- to deny that an "envelope containing cash" was ever given to Batton.

"Both Flintco and Tom Maxwell adamantly deny that this occurred," the company said in a statement to Indianz.Com. "Neither Flintco nor Tom Maxwell was a target of the federal investigation and neither was ever charged with a crime."

Whether any of the claims made by Parsons can be believed will be up to the jury of eight women and four men. He appeared to be forgetful on the stand -- more than once, he failed to recall certain details that he divulged in interviews with federal agents.

One Choctaw citizen who attended the trial last week described Parsons as loud and outgoing and notes from a federal agent characterized him as "larger than life." Even though he pleaded guilty more than a year ago, he has yet to be sentenced and has remained free on $10,000 bond.

With proceedings set to resume this morning, Merida's attorneys are expected to call Pyle to the stand. The former chief, who led the tribe for 17 years before retiring in April, could be followed by Batton.

Relevant Documents:
Indictment: US v. Brent Merida | Record of FBI Interview | Memoandum of Interview from Department of Treasury | Trial Brief by US Attorney's Office | Jason Merida Brief Accusing Batton and Pyle | US Motion Seeking to Prevent Jason Merida from Bringing up Batton and Pyle | Flintco Statement