Judge denies state Sen. E.B. McClain's request for a separate trial

Posted by Robert K. Gordon --- Birmingham News December 17, 2008 5:29 PM

A federal judge this evening denied state Sen. E.B. McClain's request to have a trial apart from co-defendant the Rev. Samuel Pettagrue, a move McClain's attorney says damages his defense.


"I'm disappointed in the court's ruling," McClain's attorney John Robbins said. "I'll discuss it with my client and assess our options."

Robbins said he likely will ask for a review of U.S. Magistrate Judge Michael Putnam's order.

Both men are scheduled for a Jan. 12 trial in U.S. District Court at Birmingham on charges of money laundering, mail fraud, conspiracy and bribery. Prosecutors contend McClain, D-Midfield, took nearly half of the $700,000 in state grants he helped to obtain for Pettagrue's community programs, including an online GED program. Prosecutors also say Pettagrue paid himself and his son more than $120,000 with the money.

Robbins argued that Pettagrue would be called to the stand to help McClain's defense if a separate trial were held and that having the trials together would preclude McClain from calling Pettagrue.

"The court is unconvinced that McClain has shown either a bona fide need for Pettagrue's testimony or that his testimony is exculpatory," Putnam said in a 10-page order.