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Opinion

John Ford: 66 Months

U.S. district judge Daniel Breen sentenced John Ford Tuesday to 66 months in prison, which means the senator, now 65, will be at least 71 when he is a free man.

Harsh as it was, things could have been worse. In fact, they could still get worse for Ford, who faces separate federal charges in Nashville and has a November 6th trial date. But Ford and his friends and family appear to have helped his cause somewhat with an emotional appeal for leniency on Monday, day one of a rare two-day sentencing hearing.

Breen said the sentencing guideline range for Ford’s bribery conviction was 78 to 97 months. The judge said Ford “used and abused” his power. He was “a person of greed and avarice but also a person who assisted others.” His conduct “sends a very unfortunate message to those persons who were represented by Mr. Ford,” especially young people. The damning videotapes “reflect an arrogance that belies his concern for his constituents.” The whole thing was “a tragedy on many levels.”

Adding up all of that, and using his own judicial discretion, Breen arrived at 66 months, or slightly more than the sentence another federal judge gave Tennessee Waltz defendant Roscoe Dixon. Ford was stoic in the courtroom but appeared tearful on the elevator as he left the courthouse with his family.

John Ford was one-of-a-kind as a politician and public figure for more than 30 years, and his sentencing was no exception. It took seven hours over two days in a packed courtroom and appeared to leave Ford and members of his family emotionally drained. He gave a good account of himself and revealed a side rarely seen by reporters and most members of the public. Speaking to Breen in a soft voice that sometimes cracked, Ford asked for leniency for himself and his dependent children and said he was “ashamed” of the way he behaved on the secretly recorded tapes that convicted him.

“During the trial I was completely ashamed of myself, just completely ashamed of myself,” he said of the hours of tapes on which he swore, bragged, partied, threatened to shoot people, and took cash bribes from an undercover FBI agent. A very different Ford was on display in court this week.

The two years since the Tennessee Waltz indictments were announced in 2005 “have been the most difficult of my entire life,” he said, hesitating as he chose his words. “I don’t know how I have been able to sustain myself.”

He told Breen, “I accept the jury verdict, and I take full, total, and complete responsibility for my actions.” He apologized to the court, his family and friends, his constituents, “and particularly to my children.”

Thirteen friends and family members took the witness stand and described him as a good father of 12 children, a supportive brother, and a “go-to” legislator for 31 years.

If Ford’s own speech was deficient in some way it was perhaps too honest. He simply could not bring himself to confess a level of remorse he clearly does not feel for a conviction based on a sting operation that, however much the government protests, likely targeted him.

“Your honor, the worst thing about me is I talk too much,” Ford said. He added that his mistake was “I trusted everybody, but I should have known better. You can’t trust everybody.” One of the spectators in the courtroom was “L.C. McNeil,” the jive-talking “businessman” who made the ten $5,000 undercover payments to Ford.

Ford said that prior to Tennessee Waltz he had never been offered a bribe and never approached anyone for a payment for his legislative services. “Never ever again will I make these kind of mistakes,” he said.

That was too much for prosecutor Tim DiScenza. To the very end, he bored in on Ford as a crooked lawmaker whose only sincere regret was getting caught and convicted.

“We don’t hear about the betrayed trust of the people that voted for him or the trust of the young legislators who may have looked up to him as a role model,” he said.

DiScenza, who has a perfect conviction record in Tennessee Waltz, scoffed at the current and former lawmakers and public officials — Alvin King, Ulysses Jones, and Osbie Howard — who spoke on Ford’s behalf and blamed his problems on big talk.

“These legislators obviously don’t get it,” he said.

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News

John Ford Guilty on Bribery Charge

John Ford became the latest casualty of the FBI’s Tennessee Waltz sting Friday when a jury returned a guilty verdict for bribery, one of five counts the former state senator was charged with.

That was Count Two of the indictment against Ford. The jury could not agree on Count One, a charge of extortion, and presiding Judge Daniel Breen declared a mistrial on that count.

Three other counts, relating to charges of witness intimidation alleged against Ford, resulted in Not Guilty findings.

Sentencing of Ford was set for Tuesday, July 31, at 9 a.m. — a point in time distant enough to allow for an appeal of the verdict by Ford, as well as possible negotiations between himself and the U,.S. Attorney’s office that might involve an offer of cooperation in future prosecutions.

The jury’s deadlock on the Count One extortion charge would seem to mean that defense attorney Mike Scholl gained some traction in his efforts to demonstrate undue inducements on Ford by FBI agents. The senator ultimately was persuaded to accept some $55,000 for legislative aid given the bogus E-Cycle computer firm.

There apparently was no such disagreement on Count Two, alleging bribery. That charge was backed up by countless FBI surveillance videos showing Ford, then an influential state senator, accepting sums of money in 2004 and 2005.

The three intimidation counts were always regarded as the weakest points of the indictment, and, though surveillance evidence was presented in court to substantiate that Ford had issued threats against agent “L.C. McNiel” and undercover informant Tim Willis, it was not corroborated in depth and was clearly subject to alternate interpretations.

How the verdict came

News of a pending verdict was circulated at about 3 p.m., Friday, the third full day of deliberations. The 11th-floor courtroom of Judge Breen was quickly filled up by members of the media, friends and family of ex-Senator Ford, and representatives of the U.S. Attorney’s office and the F.B.I.

A message from the jury,shared with the prosecution and the defense by Judge Breen, quickly established that all counts had been resolved except for one. Sensing victory, chief prosecutor Tim DiScenza moved for acceptance of the available counts and for a declaration of mistrial on the unresolved one. Defense attorney Scholl asked for time to consult with his client.

In the end, DiScenza’s preference would be honored by Judge Breen after the judge had called the jury in and heard from its foreman that no agreement was possible on Count One.

Two circumstances had prefigured the outcome. One was a question had come to Judge Breen late on the evening before asking in effect for a definition of a phrase in the indictment relating to official culpability.

The other indication that a verdict of some sort was imminent came when jurors opted not to go out for lunch on Friday but had food delivered, which they ate quickly before resuming afternoon deliberations.

Ford ‘Disappointed’

Although the accusaed senator had enjoyed a leisurely lunch with members of his immediate and extended family at a downtown grill, his attitude was clearly one of somber apprehension, as was theirs. This was in stark contrast to an air of relaxation, even jauntiness, they had all exhibited during break periods on Wednesday and Thursday.

During that lunch, Ford took time out to insist that he had been the victim of entrapment and to express a wish that more time and attention had been devoted to that subject during the trial.

In a brief statement to members of the media after exiting the Federal Building, former Senator Ford, who remains free on bond, expressed disappointment with the verdict.

Although well-wishers for Ford and family members attended the trial throughout, a striking feature of the former senator’s trial was that it attracted less out-of-town media contingents and fewer demonstrators than had a previous one for Ford’s former state Senate colleague, Roscoe Dixon.

Dixon was convicted of bribery and extortion charges last year and is now serving a term in federal prison. Another local figure,former Shelby County Commissioner Michael Hooks Sr., pleaded guilty to similar charges and has yet to begin his term.

Tennessee Waltz indictees yet to be tried include former state Senator Kathryn Bowers and fortmer Memphis school board member Michael Hooks Jr.