Former Speaker Jim Black enters plea in state court


By GARY D. ROBERTSON
Associated Press Writer
RALEIGH – Former House Speaker Jim Black agreed Tuesday to be sentenced for offering a bribe and obstructing justice, crimes that prosecutors tied in part to a party-switching scheme in 2003 that helped the four-term state House leader stay in power.

Wake County Superior Court Judge Donald Stephens accepted the plea after prosecutors presented evidence of Black’s crimes.

Randy Myers, an investigator for the state Bureau of Investigation, told the court that former Rep. Michael Decker requested $50,000 cash from Black to switch from the GOP to the Democratic Party. Black responded, Myers said, by offering mostly campaign checks “because they’d be easier to explain away.”

Decker’s switch turned a one-vote Republican majority into a 60-60 tie, allowing Black to share power with a GOP counterpart in the House chamber.

“It would be the state’s contention that Rep. Decker actually solicited the bribe... and that Dr. Black offered the bribe and in fact did pay it in a series of installments,” Wake County District Attorney Colon Willoughby said.

Decker lost re-election in 2004, an election in which the Democrats regained full control of the House. He pleaded guilty last summer to a federal count of conspiracy and later identified Black as one of his co-conspirators. It was an allegation that Black and his attorney strenuously deny.

Black entered an Alford plea, which allows a defendant to acknowledge that the evidence could result in a conviction but doesn’t require them to acknowledge guilt. Black’s attorney Ken Bell said a jury could believe Decker’s story, as related by Myers, but said his client continues to deny the claim.

“Obviously we think that Michael Decker is unworthy of belief,” Bell said.

The Charlotte-area optometrist served eight years in the powerful position of speaker before deciding not to seek a fifth term in December. Last Thursday, a day after resigning his state House seat, Black pleaded guilty to one federal count of accepting things of value in connection with the business of state government.

Federal prosecutors said Black accepted nearly $30,000 – his attorney has disputed the amount – from three unidentified chiropractors as a reward for pushing legislation they supported. According to court documents, Black told one of the chiropractors, “This is just between me and you – don’t you ever tell anybody about this.”

The federal charge carries a maximum sentence of 10 years in prison and a fine of $250,000. Black is scheduled to be sentenced to the federal charge in May, although he has agreed to cooperate with authorities in hopes of reducing his sentence.

While a federal grand jury was conducting its investigation, the State Board of Elections also examined Black’s campaign finances, as well as those of other legislators and those who donated sizable amounts to his campaign.

During a hearing last year before the elections board, several optometrists testified they sent the N.C. State Optometric Society’s political action committee checks with the payee line left blank. The names were filled in later on the checks, which were sent to Black and other legislative candidates but weren’t disclosed on the political committee’s campaign records.

The board ruled Black’s campaign illegally accepted checks with the payee line left blank, as well as corporate contributions. His campaign later forfeited at least $16,875 in contributions, and the board formally asked state prosecutors to decide whether Black should be charged criminally with breaking state campaign finance laws.

Two weeks ago, M. Scott Edwards, the former treasurer of the state optometric society’s political action committee, received a suspended sentence after accepting an Alford plea to a state charge of felony obstruction of justice.

Decker and four other associates of Black have either pleaded guilty, agreed to be sentenced or were convicted of conspiracy, obstruction of justice, and lobbying law violations in the past seven months.

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