Jim Black's gamble

A poker player sometimes gives away the strength of his hand with a "tell."

It's an unwitting signal — the way he eats an Oreo cookie, for example — that reveals to other players whether he's bluffing or holding a really good hand.

For Wake County prosecutors, the tell may have been asking a question a second time.

During their first session with former House speaker Jim Black, they asked if he received any gifts from lobbyists. Black did not mention the $500,000 loan he received from lobbyist Don Beason.

In the follow-up interview, he was again asked about gifts or loans. Defense attorney Ken Bell then spoke up, as he noted during his cross examination of Black on page 116:

"And do you also recall that after they had asked those questions that it was me who told them that they hadn't asked a question that you had some information about, which was a loan from a lobbyist?"

However that second question was worded, it may have been a "tell" that inadvertently let Bell know that prosecutors already knew about the loan.

King Solomon's fines

Jim Black's lawyer called the sentence "Solomonic."

Defense attorney Ken Bell said Judge Donald Stephens' decision to fine the former House speaker $1 million and suspend any additional prison time provided he pays the fine was a relief.

"We're just relieved that he has the opportunity to avoid any more prison time," he said.

Bell said Black and his family would raise the money for the fine as well as the $54,335 he must pay in restitution to the State Board of Elections for its investigation.

"Nobody wants to pay a $1 million fine, but he can and he will," he said.

Still, Bell said he was shocked by prosecutors call for a $1.5 million fine and by the judge's decision. He said has never seen that large of a fine in a criminal case in two decades of practicing law.  

Black called to testify

Prosecutors have called former House Speaker Jim Black as witness at his sentencing hearing this morning in state court.

Black's attorneys objected, saying they have "never heard" of a defendant being called as a witness, reports Ryan Teague Beckwith.

But Judge Donald Stephens ruled that Black can testify.

Ken Bell, one of Black's attorneys, said Black has a right not to incriminate himself. But Stephens said Black waived that privilege when he agreed to cooperate with authorities.

Black in custody

Jim Black reported to U.S. marshals this afternoon.

The former House speaker got out of the back door of a gray Honda minivan at 1:48 p.m. at the Terry Sanford Federal Building in Raleigh, the Charlotte Observer reports.

Asked whether he was prepared, Black said, "I'm prepared for about anything."

Along with his lawyer, Ken Bell, the Mecklenburg County Democrat walked about 30 yards to the building, ignoring other questions. 

He faces a hearing in state court in Raleigh tomorrow on corruption charges.

Not corrupt?

Former House Speaker Jim Black left the federal courthouse in Raleigh shortly after noon today without saying a word.

Ken Bell, one of Black's attorneys, said during the court hearing that Black is "not a corrupt man."

Bell said that prosecutors "want him to be more corrupt than he is," but that Black simply made mistakes.

Delayed sentencing?

Former House Speaker Jim Black's attorney has requested that his sentencing on a federal public corruption charge be delayed into August.

Charlotte lawyer Ken Bell filed a motion in federal court today saying that a warning by a probation official this week, indicating that Black has been recommended for a longer sentence than previously indicated, led to the request for a delay, Dan Kane reports.

If U.S. District Judge Terrence Boyle grants the request, Black could be sentenced no sooner than Aug. 7.

Black, a Mecklenburg County Democrat, is scheduled to be sentenced Wednesday in federal court in Raleigh. He could face up to 10 years in prison for corruptly accepting things of value. He has admitted to receiving $29,000 from three chiropractors while seeking legislation they favored.

New restrictions for Black

Former House Speaker Jim Black has agreed to limit his travel outside western North Carolina and not to drink alcohol as he waits for a likely prison term.

The new restrictions were described in an agreement with his probation officer. U.S. District Court Judge Terrence Boyle agreed, and the one-page document was filed in court Thursday, report David Ingram and Mark Johnson of The Charlotte Observer.

Black, a Mecklenburg County Democrat, may travel to court appearances and, with permission, to medical appointments in other parts of North Carolina. The initial conditions of his release in February — after pleading guilty to a federal corruption charge — allowed Black to travel internationally with permission.

Also under the new conditions, Black cannot drink alcohol and must submit to testing for alcohol and other prohibited substances. He was previously required to avoid only excessive use of alcohol. The agreement gives no reason for the changes.

Black and his attorney Ken Bell could not be reached for comment.

More after the jump.

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