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FUZZY MATH

On Saturday, The Commercial Appeal‘s lead story “Live Right, Live Long” focused on those Social Security-busting Mid-Southerners who have cheated the Grim Reaper and lived well beyond an average life expectancy. Let us now examine the strange case of one Mrs. Wilson (formerly Rogers). According to the CA, she had two husbands: “The first, Rufus Rogers, she married in 1919. He died a year or two later, after they had a son who is now 95.” After plugging these figures into our super-computer, Fly’s seasoned team of mathematicians have determined that, if all the data is accurate, Ms. Wilson’s son could be no older than 84. These types of arithmetical anomalies could go a long way to explaining why the CA actually believes MLGW’s reports that last month’s utility bills only increased by an average of $35.

Plante: How It Looks

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News News Feature

JURY FINDS LOGAN YOUNG GUILTY

Football booster Logan Young Jr. was convicted on all three counts of a bribery and conspiracy indictment in federal court Wednesday.

The jury deliberated less than four hours before returning its verdict. Young, 64, showed no reaction as it was announced before a packed courtroom.

Young secretly paid former Memphis high school football coach Lynn Lang $150,000 to get defensive lineman Albert Means to enroll at the University of Alabama five years ago. Lang was the prosecution’s star witness in the seven-day trial.

Young did not testify. U.S. District Judge Daniel Breen placed a gag order on all trial attorneys, Young, and jurors until after the jury makes a decision on a forfeiture matter Thursday morning.

Young will be sentenced later.

PREVIOUS (2/1/05)

Mano a Mano

By midday Monday, it was apparent that Logan Young was about as likely to take the witness stand as he is to lead the University of Tennessee band in Rocky Top.

Once upon a time, prosecutors and defendants faced one another mano a mano in dramatic courtroom confrontations. Now we get accountants, bank clerks, and the thrilling sight of Young accuser Lynn Lang briefly reentering the courtroom, folding his massive arms across his massive chest, and staring across the courtroom at the witness box into the unblinking eyes of … Young’s 67-year-old female housekeeper.

It’s been that kind of trial. The Super Bowl of Sleaze has featured brief moments of action interrupted by long recesses and mind-numbing bench conferences that make a City Council meeting seem thrilling. On Monday, the defense team’s Hail Mary motion for acquittal fell incomplete, and Young’s fate and liberty are now in the hands of the jury.

Young is in a jam because of his own words and actions, which may or may not include paying $150,000 to Lang. He was officially indicted by a federal grand jury but unofficially indicted (and already convicted) by The Commercial Appeal and football fans on the Internet, where the trash talk has been going on for more than four years. If he gets off, it will be an O.J. acquittal in many eyes. Jurors will have the final word, but until they do, let’s see what lawyers say that might shed some light on this case.

A book called Sponsorship Strategy by Robert Klonoff and Paul Colby, published in 1999, is popular in some legal circles. The authors, who have experience as both prosecutors and defense attorneys, argue that “less is more” in criminal trials and “Keep it simple, stupid” is good advice. The point: Don’t over-prove your point.

Writing in the Texas Tech Law Review, another lawyer, Bill Allison, said, “There is a phenomenon at work in the minds of jurors that says, when you start putting on multiple witnesses to prove the same point, you must have some doubt about that point.”

Neither the prosecutors nor the defense attorneys in the Young trial have talked to the media, so their strategy can only be guessed at. But “less is more” seems to be the rule for both sides. In the media and on the Internet, of course, it’s just the opposite. More is more. More rumors, more names, more links to other rumors and names. Lang sidekick Milton Kirk, recruiting analyst Tom Culpepper, Internet pundit Roy Adams (aka Tennstud), and NCAA investigator Rich Johanningmeier are household names. But none of them testified at Young’s trial.

Nor did representatives of most of the seven schools that talked to Lang about obtaining the services of Albert Means. Alabama athletic director Mal Moore was barely on the witness stand for 10 minutes and skated through his testimony. Memphis high school coaches Tim Thompson and Wayne Randall were subpoenaed by the defense but did not testify. Newsweek journalist Richard Ernsberger, who deserves more credit than he has gotten locally for his reporting about Lang and Means, testified for approximately two minutes about a single line in his book, Bragging Rights. He wrote that Lang told him, “Logan Young? I’ve heard his name. But that’s all I know about him.”

Former University of Memphis coach Rip Scherer made a cameo appearance to deny promising Lang’s wife a free law school education. Scherer said he earned $250,000 a year, or less than half the compensation of his successor, Tommy West, whose star defensive lineman for the last three years was Means. Former Georgia coach Jim Donnan also testified, denying that he paid Lang $700 cash but also blurting out “not enough” when asked how much he got paid at Georgia. It turned out that he made $700,000 one year, possibly as much as the entire jury put together.

Other witnesses for both sides were also brief, possibly because their testimony was so suspect. Former Alabama assistant coach Ivy Williams, a defense witness, was dreadful. He denied talking about Means in more than 200 conversations with Young. Alleged middleman Melvin Earnest, nicknamed “Botto,” denied driving Lang to Young’s house but admitted being friends with Young for more than 20 years and “borrowing” money from him. Did he pay it back? “Not all of it, most of it,” he testified.

The defense witness who got the most face time in front of the jury was Young’s accountant, David Pearson. Attorneys methodically led him through a series of Young cash withdrawals and Lang cash deposits. The amounts never matched, but there was, prosecutors noted, “time correlation.”

“Follow the money” is the prosecution’s advice to the jury. If the jury finds the money trail as murky as the testimony, Young will walk.

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We Recommend We Recommend

tuesday, 1

The Grizzlies are at it again tonight against Phoenix. Jim Spake & Jim Duckworth are playing at Fresh Slices Sidewalk CafÇ & Deli. And if you re out in Raleigh, you won t want to miss the Open Band Jam with The Neurotic Sex Pigs at Stage Stop.

Tim Sampson

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Sports Sports Feature

FROM MY SEAT

JOY IN JACKSONVILLE

A sportswriter needs angles like a football needs air. Here are my favorites as kickoff for Super Bowl XXXIX approaches.

Will Terrell Owens play, and if he does, will he dance? The EaglesÕ wideout is the most hyped player in the NFL. (HeÕs not overhyped . . . he really is a great receiver.) But star quality aside, has his broken right ankle healed enough for Owens to be a threat to the PatriotsÕ patchwork secondary? My guess is that Owens will suit up, if for no other reason than to serve as a decoy. HeÕs the kind of player who would draw a defenseÕs attention if he took the field on crutches. Which will be an advantage for quarterback Donovan McNabb and PhiladelphiaÕs multipurpose dynamo, Brian Westbrook.

Is Tom Brady the coolest quarterback since Joe Namath? The guy has started eight playoff games in his career . . . and won eight. HeÕs played in two Super Bowls . . . and been named MVP of both. Playoff interceptions from Brady are as frequent as Florida blizzards. And heÕs been on the cover of GQ. The guy is a certifiable winner, and if he beats the Eagles, heÕll join Terry Bradshaw, Joe Montana, and Troy Aikman as the only quarterbacks to win three Super Bowls. Much more of this and the famed Hancock Tower in Boston may get a new name.

Can Donovan McNabb become the second black quarterback to win the Super Bowl? Maybe we should ask Rush Limbaugh this question. Peyton Manning is the leagueÕs MVP, and Brady is as cool as the Fonz in his prime . . . but McNabb may be the most dangerous quarterback alive. HeÕs running less than he did earlier in his career, but heÕs still extraordinarily elusive, bowing only to Michael Vick in the scrambling category. And heÕs turned himself into a solid decision-maker behind the line of scrimmage. (It helps to have the kind of time PhillyÕs line regularly gives him.) It may not be politically correct to pay attention to a quarterbackÕs skin color, but the ÒmagnitudeÓ of McNabbÕs winning a Super Bowl is ironic, in that he will better represent todayÕs game than did Doug Williams when he won Super Bowl XXII 17 years ago. Ten years from now, there will be more quarterbacks — black or white — playing McNabbÕs game than that of old-school Brady. Donovan McNabb is actually more of a prototype than a pioneer.

Are the New England Patriots a dynasty? TheyÕre getting there. The Pats have to win this Sunday to become the second team to win three Super Bowls in four years. (It should be noted the one season they didnÕt raise the Lombardi Trophy during this run — 2002 — they didnÕt even make the playoffs.) What will stand out in historical terms when the Patriots are compared with the likes of the SixtiesÕ Packers (Bart Starr, Ray Nitschke, Jim Taylor, Forrest Gregg), the SeventiesÕ Steelers (Bradshaw, Franco Harris, Mean Joe Greene, Jack Lambert), and the EightiesÕ 49ers (Montana, Ronnie Lott, Jerry Rice, Roger Craig) is that New England doesnÕt have anywhere near the star quality those teams did. Tedy Bruschi? Ty Law? Deion Branch? Brady and Corey Dillon are on their way to Canton, but Dillon was a Bengal when the Pats won their first two titles. Perhaps the greatest compliment this TEAM can be given is that theyÕve achieved dynasty status in a free-agency era where keeping stars together for five to ten years is well nigh impossible. Which brings us to our next angle.

Is Bill Belichick the greatest coach since Lombardi? His playoff record (9-1) is the equal of the Packer legend. And as noted above, heÕs won championships without the cushion of superstars at five or six positions. This is, in part, a chicken-or-egg matter. Do the likes of Mike Vrabel and Richard Seymour become such money players through the lessons of their sideline master . . . or does the coach benefit from a collection of players with that unique, battle-ready strain of football DNA? Like the finest marriages, itÕs a perfect combination of the two.

Who will be the biggest stud on the field come Sunday? Easy answer: New England kicker Adam Vinatieri. (Stop laughing.) When Vinatieri stepped up and drilled a 48-yard field goal to open the scoring in Pittsburgh during the frostbitten AFC Championship, it was all over but the crying for the Steelers. This guy has already won two Super Bowls with eleventh-hour field goals. Cold weather doesnÕt shake him. Wind doesnÕt bother him. Pressure? Go to Iraq and youÕll see pressure. The EaglesÕ David Akers is a fine kicker himself, but Vinatieri is on his way to the Hall of Fame.

My prediction? New England 24, Philadelphia 16.

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News News Feature

COMMENTARY: THE HARDEST WORKING MAN IN SHOW BIZ

After getting out of the army in 1946, Ernest Withers took his first photo of a bluesman, Memphis Slim, who was visiting from France and playing on Beale St. “He had a buddy he played with who played so bad they called him ‘Slopjaw.’ I took the photo for him to send back to Paris. His daddy had seven wives show up at his funeral!” Mr. Withers laughs today. Fifty-eight years later, Withers is going strong, still taking pictures every day and reminiscing about the sights and sounds he has seen and heard in his almost sixty year photography career.

Last week Withers picked up the Missouri Honor Medal for Distinguished Service of Journalism from the University of Missouri School of Journalism, an award reserved for the likes of Winston Churchill and Gloria Steinem. This week, Withers will be one of eighteen recipients of the Keeping the Blues Alive Awards from the Blues Foundation. Blues Foundation Director of Administration Jay Sieleman proudly commented, “Clearly Dr. Withers has long been deserving of this award. His photographs–blues and otherwise–rank up there with the greatest of all times. The Keeping the Blues Alive Awards are proving to be an uplifting experience because people like Dr. Withers and others like him rarely get notice for their work.” (The Awards luncheon is open to the public Saturday at the Gibson Lounge at 11:00 a.m. but is sold out).

Awards are not the only thing in Withers’ life right now. He has just released another volume of amazing photographs entitled Negro League Baseball, yet another feather in his cap of great American genre photo books, which also includes Pictures Tell the Story and The Memphis Blues Again. Negro League Baseball begins with an introduction by the “Say Hey Kid” Willie Mays. “He knows me very, very well. I was taking his picture when he was just a child. The scouts were looking at William Perry in Birmingham, and then they saw Willie Mays and picked him out as well.” Upcoming book signings for Withers include one in Boston at Panoptican, one in New York at the International Center for Photography in mid-February, as well as one here in Memphis at Burke’s Books at an undetermined date.

Withers is the living history of Memphis as well as Beale St., having spent the last sixty years working on the street or in the nightclubs. Withers has taken entertainment photos (as well as others) from the 1950s and 1960s up until today for national newspapers like The Chicago Defenderand Memphis’ Tri-State Defender. He also snapped romantic shots for on-the-spot sales at the clubs on Beale St. back when it was the center of African-American nightlife for the South. It is virtually impossible to write a book on Memphis history (music, civil rights or other) or open a museum on Memphis history in the 20th century without tapping into Withers’ archives, which grow every day as he continues to take the pictures that tells the story.

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Politics Politics Beat Blog

POLITICS

SECOND FRONT

Do not imagine that state Senator Steve Cohen is ready to hang up the gloves just because he has shed a few hairs, gained a few pounds, and notched a few years. The 56-year-old Cohen, who began his career as a public official while a brash 20-something in the ‘70s, is still nobody to mess with. Just ask Governor Phil Bredesen, he of the sky-high popularity figures and the latest Democrat from these parts to be lauded by the national media as a rising star and future-tense luminary.

The ink isn’t yet dry on the copies of last week’s New Republic, which featured Bredesen on its cover as quite possibly “..the Future of the Democratic Party…” Nor has the standing ovation which the governor received from a joint session of the Tennessee General Assembly on Monday night begun to subside.

Even so, the combative Cohen has just presented the putatively triumphant governor with a bona fide second front. Bredesen is already involved in a give-no-quarter struggle over TennCare, which currently pits him against Gordon Bonnyman of the Tennessee Justice Center and a member of the federal judiciary who last week imposed a stay on the governor’s planned reductions in the program. Now the governor can look forward to resumed warfare with Cohen over how to proceed with the still-young Tennessee state lottery.

Though he is proud to be called “the father of the lottery” in Tennessee — and has been honored as such by no less than Bredesen himself — the senator who labored for 19 years to get the lottery established via constitutional amendment is hardly content to rest on that laurel.

Even as Bredesen was preparing to to ask the legislature to divert some of the year-old lottery’s windfall proceeds to pre-school education, as the governor formally did in his State of the State address Monday night, Cohen and Rep. Chris Newton (R-Turtletown), the Memphis Democrat’s co-sponsor on lottery legislation in the recent past, proposed using the same better-than-expected swag to up the value of Hope scholarships for the state’s college students.

In an op-ed,”Keep the Faith”, which appears in the current Flyer issue, Cohen makes the case for his and Newton’s proposal — casting it as an instance of “a fiduciary duty based on a contract with the voters in the 2002 election” and contrasting the two legislators’ position with that of “[s]ome officials” (read: Bredesen) who, Cohen alleges, erred on the side of caution and, influenced by negative revenue predictions, insisted last year on reducing the scale of the scholarships.

In his op-ed, Cohen insists, “The intent of the law, the ballot language, the electoral debate, and the constitutional amendment itself all direct lottery revenues to scholarships first..” And he says the $4,000 figure which “education experts recommended” as the right maximum figure for lottery-funded scholarships should now be instituted in the wake of lottery proceeds that have exceeded the forecasts accepted last year.

Largely as a result of Governor Bredesen’s insistence, the scholarships were capped in 2004 at $3,000. It was but one aspect of a power struggle between the senator and the state’s chief executive over the shaping of the lottery, which had been approved in a ballot referendum in 2002. Cohen and Bredesen also sparred for most of last year over the composition of the state Lottery Board’s directors. That outcome was in Bredesen’s favor, too, though Cohen managed some face-saving last-minute changes.

Early in his State of the State address, Bredesen proposed to establish a “voluntary pre-K program for every 4-year-old in Tennessee” and served notice to the assembled legislators that he would ask “for an additional $25 million, in this first year from the lottery excess funds, to take the first steps.”

It is these “excess funds” that Cohen insists should go to raising the scholarship limits, and, in the wake of the governor’s speech, the senator was widely quoted as comparing Bredesen to a cuckoo bird raiding the lottery nest in a less than “moral” manner.

For the time being, the dustup with Cohen is likely to take second place to the governor’s showdown with U.S. District Judge William Haynes over TennCare. The state has indicated it will appeal last week’s surprise decision by Haynees to stay Bredesen’s plan to purge some 132,000 TennCare recipients from the program’s rolls, pending a judicial review.

Bredesen got a standing ovation and his most sustained applause late in his address Monday night when he said, in an unmistakeable reference both to TennCare advocates like Bonnyman and the federal judiciary: “There are many people who claim to represent the ‘public interest’ in this, but not a one of them has ever stood before the voters. The people in this room tonight have earned a vastly stronger claim to represent the public interest than anyone else involved.”

It is, of course, Bredesen’s business-like, arguably conservative attitudes toward government — evidenced, most notably, in his willingness to consider serious tax cuts to balance the budget without new taxes — that has won him the kind of bi-partisan support demonstrated in the House chamber Monday night. It is the same qualities, plus the mere fact that he is a ranking Democratic office-holder in a “red” (Bush-leaning) state that has so much of the national media singing his praises.

Though it was once considered to occupy the same corner of the political left as The Nation did (and still does), The New Republic has been heavily influenced by neo-conservative attitudes in recent years, both in foreign and in economic policy, and is “liberal” in the same carefully circumscribed sense as, say, TV pundits Mort Kondracke and Alan Colmes. Even so, the periodical’s conspicuous boosting of Bredesen’s stock, coupled with similar coverage from major national newspapers after last year’s election, is bound to enhance his status among Democrats nationally.

Though he hasn’t begun to catch up with the national media attention accorded 9th District U.S. Rep. Harold Ford of Memphis, the governor is certainly on his way there, and, as a statewide office-holder, he outranks Ford (who hopes in his turn to win a U.S. Senate seat in 2006) . Either appropriately or ironically, both Bredesen and the congressman were to share a platform in Memphis this week at the Hope and Healing Center, on behalf of faith-based approaches to health care.

Ford, by the way, has been formally excised from the “Fainthearted Faction” list of noted blogger Joshua Micah Marshall, whose talkingpointsmemo.com has kept running tabs on those congressional Democrats who are known or suspected supporters of President Bush’s push to create private investment accounts, to be financed by a portion of the Social Security tax.

Marshall took his cue from comments made by Ford in the Flyer’s cover story of January 13, “Tilting Right?” In that article, the congressman, who was pressed on the issue of such accounts, issued what seemed to be a categorical disavowal of them — at least, of the sort that would be financed by the payroll tax itself. Ford has proposed add-on private accounts of some sort in order to create “wealth” for Social Security recipients.

In a Monday posting, Marshall began: “It’s almost like the end of an era. Rep. Harold Ford (D) of Tennessee, former Dean of the Fainthearted Faction, now out of the Fainthearted Faction. Yes, I’m still trying to get my head around it too …”

Marshall went on to quote portions of the Flyer story, including these statements from Ford: “I do not favor privatizing Social Security. I am opposed to President Bush’s attempt to do so. CategoricallyÉ.The president’s plan to privatize Social Security will not accomplish what he says he wants to accomplish. It will add too much debt and it will offset any gains that people would make from their accounts because interest rates would skyrocket and benefits would be reduced and the program would run out of money.”

The blogger concluded his posting thusly: “So there you have it. Rep. Harold Ford (D) of Tennessee, fainthearted no more.”

Another Ford, state Senator John Ford, has made his share of news lately — local, statewide, and national. Sen. Ford was accorded the honor, if that’s the word, of a tongue-in-cheek mention by late-night TV comic Jay Leno, who, in a monologue for The Tonight Show, joked about Ford’s child-support obligations, active and pending, in at least three households. That was followed by a somewhat more arch reference to Ford by right-wing radio talk-show host Rush Limbaugh.

If Ford was embarrassed by such attention, you couldn’t tell it by his demeanor Monday night, as, in the role of an official “escort” to Bredesen as the governor entered the House chamber to make his address, Ford sauntered down the aisle with a faintly discernible smile.

Perhaps the senator’s good humor was owing to another matter, the issue of his legitimacy as a representive of his South Memphis Senate district. Ford was challenged on the point by various members of the state Repubican establishment last week after it was confirmed (as has long been known informally) that Ford maintains a residence — or residences — several miles further east than the limits of his district.

As Ford well knew, the law would seem — for better or for worse — to be on his side. In an opinion issued last year, state Attorney General Paul Summers updated a a 1990 finding by the Attorney General’s office, concurring with its judgment that “in a senate district which is part of a multi-district county, a candidate for the office of state senator need only be a resident of the county for more than one year prior to election as qualification for any one of the state senatorial districts which are part of that county.”

As the court proceedings involving Ford would indicate, he may be a travelin’ man, but, so far as is known, he hasn’t yet pitched his tent outside the confines of multi-districted Shelby County.

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News News Feature

CITY BEAT

MANO A MANO

By midday Monday, it was apparent that Logan Young was about as likely to take the witness stand as he is to lead the University of Tennessee band in Rocky Top.

Once upon a time, prosecutors and defendants faced one another mano a mano in dramatic courtroom confrontations. Now we get accountants, bank clerks, and the thrilling sight of Young accuser Lynn Lang briefly reentering the courtroom, folding his massive arms across his massive chest, and staring across the courtroom at the witness box into the unblinking eyes of … Young’s 67-year-old female housekeeper.

It’s been that kind of trial. The Super Bowl of Sleaze has featured brief moments of action interrupted by long recesses and mind-numbing bench conferences that make a City Council meeting seem thrilling. On Monday, the defense team’s Hail Mary motion for acquittal fell incomplete, and Young’s fate and liberty are now in the hands of the jury.

Young is in a jam because of his own words and actions, which may or may not include paying $150,000 to Lang. He was officially indicted by a federal grand jury but unofficially indicted (and already convicted) by The Commercial Appeal and football fans on the Internet, where the trash talk has been going on for more than four years. If he gets off, it will be an O.J. acquittal in many eyes. Jurors will have the final word, but until they do, let’s see what lawyers say that might shed some light on this case.

A book called Sponsorship Strategy by Robert Klonoff and Paul Colby, published in 1999, is popular in some legal circles. The authors, who have experience as both prosecutors and defense attorneys, argue that “less is more” in criminal trials and “Keep it simple, stupid” is good advice. The point: Don’t over-prove your point.

Writing in the Texas Tech Law Review, another lawyer, Bill Allison, said, “There is a phenomenon at work in the minds of jurors that says, when you start putting on multiple witnesses to prove the same point, you must have some doubt about that point.”

Neither the prosecutors nor the defense attorneys in the Young trial have talked to the media, so their strategy can only be guessed at. But “less is more” seems to be the rule for both sides. In the media and on the Internet, of course, it’s just the opposite. More is more. More rumors, more names, more links to other rumors and names. Lang sidekick Milton Kirk, recruiting analyst Tom Culpepper, Internet pundit Roy Adams (aka Tennstud), and NCAA investigator Rich Johanningmeier are household names. But none of them testified at Young’s trial.

Nor did representatives of most of the seven schools that talked to Lang about obtaining the services of Albert Means. Alabama athletic director Mal Moore was barely on the witness stand for 10 minutes and skated through his testimony. Memphis high school coaches Tim Thompson and Wayne Randall were subpoenaed by the defense but did not testify. Newsweek journalist Richard Ernsberger, who deserves more credit than he has gotten locally for his reporting about Lang and Means, testified for approximately two minutes about a single line in his book, Bragging Rights. He wrote that Lang told him, “Logan Young? I’ve heard his name. But that’s all I know about him.”

Former University of Memphis coach Rip Scherer made a cameo appearance to deny promising Lang’s wife a free law school education. Scherer said he earned $250,000 a year, or less than half the compensation of his successor, Tommy West, whose star defensive lineman for the last three years was Means. Former Georgia coach Jim Donnan also testified, denying that he paid Lang $700 cash but also blurting out “not enough” when asked how much he got paid at Georgia. It turned out that he made $700,000 one year, possibly as much as the entire jury put together.

Other witnesses for both sides were also brief, possibly because their testimony was so suspect. Former Alabama assistant coach Ivy Williams, a defense witness, was dreadful. He denied talking about Means in more than 200 conversations with Young. Alleged middleman Melvin Earnest, nicknamed “Botto,” denied driving Lang to Young’s house but admitted being friends with Young for more than 20 years and “borrowing” money from him. Did he pay it back? “Not all of it, most of it,” he testified.

The defense witness who got the most face time in front of the jury was Young’s accountant, David Pearson. Attorneys methodically led him through a series of Young cash withdrawals and Lang cash deposits. The amounts never matched, but there was, prosecutors noted, “time correlation.”

“Follow the money” is the prosecution’s advice to the jury. If the jury finds the money trail as murky as the testimony, Young will walk.