The former port commissioner's attorney, Dick DeGuerin, has repeatedly claimed his client was entrapped into committing acts she never would have contemplated on her own. In his cross-examination of FBI agent Bob Dogium last week, DeGuerin drew repeated admissions that Maldonado had been initially employed by the Cayman Group in a public-relations capacity, and believed until late in the game that the operation was legitimate and aboveboard.
Maldonado's taped conversations show that by late April she clearly knew that illegal cash payments were being made to councilmembers and that she was prepared to try to make some herself. But she also repeatedly stated she had never engaged in that kind of behavior before she became involved with the Cayman Group. DeGuerin argues that proves she was illegally entrapped by the federal agents into behavior she was not predisposed to commit.
If Hittner's definition of entrapment to the jury matches DeGuerin's, Maldonado's chances are good. If he takes a stricter line, as suggested by a prosecution source, and defines entrapment in a way that excludes Betti's knowing willingness to engage in illegal acts, then her prospects dim.
Judging by the actions of the other defendants, Ross Allyn's presence in the dock hardly makes any sense at all. Through the first five weeks of the trial, the government has produced no instance where Allyn offered a bribe or took a bribe, and there is only scanty evidence that he was aware illegal payments were being made to councilmembers. As late as April 3, 1996, less than a month before the end of the sting, Allyn exclaimed "My God" and "Jesus" when told by FBI operatives that the Cayman Group had made large cash payments to Reyes, Yarbrough, Peavy and Castillo.
Early in the trial, Reyes's attorney Ramsey provoked angry objections from the prosecution when he described Allyn's presence at the defense table as that of "a token" designed to put a white face on the sting. So far, the government evidence has done little to disprove that accusation.
The prosecution's last shot at the lobbyist comes this week through developer Wayne Duddlesten, Allyn's former employer. The prosecution will try to use Duddlesten's testimony to prove Allyn was a knowing conspirator in Reyes's alleged bribery of councilmembers.
If the lobbyist can just get past that last witness unscathed, they may have to rename the place Hotel Five.
Contact Tim Fleck at tim_fleck@houstonpress. com.
Editor's note: While Tim Fleck has been covering the Hotel Six trial, he has been unable to maintain his beloved regular column, "Insider." Your calls, e-mail and letters requesting its return have certainly meant a lot to Tim, at the very least in regard to job security. The Insider will return soon.
