Two key witnesses State Sen. Scott Beason and former state Rep will not take the stand because of racial remarks on a tape while undercover to gather evidence for the FBI. The tapes in the first trial came under much scrutiny as the judge later called the two witnesses racists, a tool the defense used against them.
“The decision not to call them is likely an attempt to avoid a repeat of the lengthy cross-examination in which defense lawyers questioned their motives and pointed out racially disparaging remarks caught on the wires” according to Birmingham News.
While going undercover for the FBI, Beason was recorded saying black casino customers were “aborigines”.
The defense attorney Jim Parkman said that they want the tape to be entered in to evidence in the second trial on January 30th concluding that Beason and Lewis may be called back to the witness stand.
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