Leader of Choctaw Nation faces tough questions in criminal trial

Wednesday, November 19, 2014

In 2010, then-assistant chief Gary Batton 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

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MUSKOGEE, Oklahoma -- The criminal trial of a former Choctaw Nation employee who oversaw millions of dollars in casino contracts neared its conclusion on Tuesday but the target of a federal prosecutor's wrath was a man whose name isn't listed anywhere on the indictment.

With dozens of his citizens watching, Chief Gary Batton endured harsh questioning about his relationship with companies that did business with the tribe. He was forced to explain why he made $27,500 in charitable contributions after accepting trips, gifts, dinners and other items of value during his tenure as assistant chief, an unelected position.

"I felt guilty about it," Batton testified on the 14th day of the trial in the federal courthouse here.

Batton rose to the position of chief when Greg Pyle retired in April after 17 years in office. Neither men have been charged with any crimes -- both were called to the stand by attorneys for Jason Merida, the tribe's former head of construction who is under a seven-count indictment.

In court papers, Merida's defense team has pointed fingers at Batton and Pyle, calling them "unindicted co-conspirators." His attorneys say the Choctaw leaders engaged in some of the same practices that have been dissected since the trial opened on October 29.

Yet it was Doug Horn, a federal prosecutor who has been handling the case against Merida, who appeared to be assigning blame. He forced Batton to admit that he failed to document a slew of gifts even after Pyle created a "compliance committee" when the tribe discovered that it had been defrauded by employees of the companies it was paying millions of dollars for casino projects.

Batton was required to disclose any gifts valued over $250. Horn rattled off a list of items that weren't reported: a private plane ride to a hunting gear store; nearly $7,400 in hunting gear; a private plane ride to Acoma Pueblo in New Mexico for a hunting excursion; a nearly $2,500 taxidermy bill from the trophies Batton took during the excursion; a rifle and rifle scope; an expensive dinner at a steak house; golf clubs and other gifts.

Horn also wondered why Batton has started raising campaign funds for the next election when he already has $1 million that Pyle gave him. Batton admitted that he organized a golf event -- the same type that led Pyle to shed nearly $235,000 in questionable donations -- just as Merida's trial began.

“Haven't you learned anything from this trial?” Horn asked Batton, who wore a red ribbon shirt on the stand.

"Most people want to contribute because they want to know I am running," Batton responded. "So I felt compelled to have a fundraiser."

The blistering testimony was just one of several unusual aspects of the trial, which could wrap up as early as today. The federal government's key witness was Brent Alan Parsons, a larger than life figure who has pleaded guilty to defrauding the tribe with the $8.5 million purchase of steel for a casino expansion project in Pocola.

Batton's time on the stand was preceded by testimony on Monday from Pyle. To have two tribal leaders testify in a criminal trial appears to be an unprecedented event in Oklahoma.

Even the testimony of Michael Burrage, a Choctaw citizen and attorney who has been communicating with federal prosecutors on behalf of Batton and Pyle, was extraordinary. He is the former chief judge of the court where the trial has been taking place.

Merida started testifying yesterday afternoon and will return to the stand this morning. Closing arguments could come later today and the case will be in the hands of the jury of eight women and four men.

Additional Coverage:
Fraud case testimony reveals violation of tribe's ethics law (The Native American Times 11/19)
Choctaw Nation official on trial was warned about accepting gifts from vendors, chief says (The Tulsa World 11/19)
Merida trial continues (The Durant Democrat 11/19)

Relevant Documents:
Indictment: US v. Jason Brett Merida | Record of FBI Interview | Memorandum 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 | Michael Burrage Email: Batton and Pyle Accepted Gifts