James C. Dever III

Decker's sentence reduced

bniolet — Mon, 27 Jul 2009 14:17:56 -0400

A federal judge has reduced former state representative Michael Decker's prison sentence from 48 to 36 months, which could result in him being sent to a halfway house.

In an order signed Friday, U.S. District Court Judge James C. Dever III cited Decker's help in the federal prosecution and conviction of Jim Black, the former speaker of the N.C. House of Representatives, the Winston-Salem Journal reports.

"Indeed, but for Decker's cooperation, Black might still be in office," Dever, wrote in the order.

Decker, of Walkertown, is now being held at a low-security prison near the South Carolina-Georgia border.

The reduced sentence means that he may be eligible to leave prison within the next month, said his attorney, David Freedman.

In Friday's order, Dever acknowledged Decker's cooperation but could not "ignore the serious nature of Decker's crime."

"I'm assuming the judge said, ‘Black's case is finally finished. Decker doesn't need to provide any more information,'" he said.

Decker admitted that in late 2002 and early 2003, he asked Black for $50,000 to support Black's bid to remain co-speaker of the house.

Dever's recusal

ryanteaguebeckwith — Wed, 06 Jun 2007 08:36:13 -0400

Dever's recusal

A federal judge's order recusing himself from Jim Black's sentencing.
Download document

Judge not

ryanteaguebeckwith — Wed, 06 Jun 2007 08:07:28 -0400

A federal judge has stepped down from former House Speaker Jim Black's sentencing.

In a 64-page order, Judge James C. Dever III said he did not believe the Mecklenburg Democrat's lawyers' claims he could not be fair were true, but he was stepping aside anyway.

He said that he wanted to restore public confidence and bring the case to an end:

"That closure will not come if Black can try to direct the focus of this criminal case away from the reality of his own corruption," wrote Dever, who included other harsh words for the former speaker. (N&O)

Dever had previously worked as an attorney for state Republican leaders who challenged a legislative redistricting led by Black. (AP)

He is being sentenced after pleading guilty to accepting $29,000 from three chiropractors.

Geddings pleads for mercy

bkrueger — Mon, 07 May 2007 11:45:21 -0400

Former state lottery commissioner Kevin Geddings pleaded for mercy this morning from a federal judge who will sentence him this afternoon on mail fraud charges for hiding his business ties to a major lottery vendor.

Geddings told U.S. District Court Judge James C. Dever III that a lengthy prison sentence would take him away from his young children during a critical phase in their lives. He said his actions were “all a mistake.”

“I should have been more careful in filling out those ethics forms,” Geddings said. “Looking around, I can see that is the understatement of my life.”

But federal prosecutor Dennis Duffy argued that Geddings had lied repeatedly about his involvement with Scientific Games.

“This was a well-calculated scheme,” Duffy told the court.

Geddings sentencing

ryanteaguebeckwith — Mon, 07 May 2007 07:34:25 -0400

Former state lottery commissioner Kevin Geddings will be sentenced this morning for hiding his business ties to a major lottery vendor.

In 2006, a jury found Geddings guilty of five counts of mail fraud related to his failure to disclose a relationship with Scientific Games, which sought the lottery contract.

Geddings had been appointed by former House speaker Jim Black, who later resigned and pleaded guilty to a federal corruption charge.

U.S. District Court Judge James Dever III has said that Geddings may have committed perjury during his testimony in the fraud case.

Geddings will be sentenced at 9 a.m. Dome will be there, but we probably won't have Internet access.

For breaking news on the sentencing this morning, check our home page at www.newsobserver.com.

Black sentencing delayed

Michelle_Valenzuela — Fri, 04 May 2007 18:36:04 -0400

U.S. District Judge James C. Dever III issued an order Friday afternoon postponing former House Speaker Jim Black's sentencing, which was scheduled for May 18.

A new date has not been set.

Black's attorney: Judge has conflict

bkrueger — Thu, 03 May 2007 17:32:48 -0400

An attorney for former House Speaker Jim Black says the judge overseeing Black's corruption case has a conflict of interest and should recuse himself, David Ingram and Mark Johnson of The Charlotte Observer report.

The judge, James Dever III of U.S. District Court, was among the private attorneys involved in a bitterly partisan battle to redraw the lines of legislative districts following the 2000 U.S. Census. Black, who was speaker at the time, was central in the redistricting battle.

President Bush, a Republican, later appointed Dever a judge.

"If Judge Dever imposes judgment on Black it will appear to the public that Judge Dever will indeed have had the last word on the redistricting battle engaged in during his private practice," wrote Charlotte lawyer Ken Bell in court papers filed Thursday.

Black, a Mecklenburg County Democrat, pleaded guilty in Dever's courtroom in February to accepting illegal payments from chiropractors who had interests before the legislature. He is scheduled for sentencing May 18, though Bell's motion could throw that date into doubt.

Run-on sentence?

ryanteaguebeckwith — Wed, 02 May 2007 14:00:46 -0400

A federal judge has given notice that he wants to give former House speaker Jim Black a longer sentence than recommended.

District Judge James C. Dever III said in a three-page order that it's not yet clear what the sentencing guidelines will recommend. But he then noted that the Mecklenburg Democrat could face a maximum of 10 years in prison and a $250,000 fine, Andy Curliss reports.

Last week, Dever sentenced former state Rep. Michael Decker to four years in prison for accepting a bribe from Black, which the judge called "an epic betrayal."

Dever also asked a few questions that he wants answered by the May 18 sentencing:

* How much Black raised from chiropractors between 1999 and 2006.

* Whether Black paid taxes on the cash that he received as a result of his criminal conduct.

* Evidence of whether or how Black spent the money he received from chiropractors.

The judge also wants to hear about actions taken this year by the legislature to undo a law related to chiropractors. The law has since been repealed.