Yearty-Parker Trial 

Day 1(click here)   Day 2 (click here) Day 3 (click here) Day 4 (click here) Day 5 (click here)

Yearty Begins Prison Term.....falls from prestige into prison routine

     Former District 3 Levy County Commissioner William Samuel "Sammy" Yearty, 64, of Gulf Hammock, who was suspended from office by Gov. Crist and later convicted of soliciting and accepting a bribe from an FBI agent and lying to an FBI agent during a federal investigation, started serving the 33-month prison sentence, July 6, given him by Chief Federal Judge Stephan P. Mickle in May. 
     Yearty is serving his term at the Pensacola (Florida) Federal Prison Camp, a minimum security facility that houses male offenders on Saufley Field, an outlying base of the Pensacola Naval Air Station, located 175 miles west of Tallahassee, FL and 50 miles east of Mobile, AL.
     The other minimum security Florida Federal Prison Camps are located in Marianna, Talahassee, Coleman and Miami, Former District 5 Levy County Commissioner Anthony "Tony" Parker, 49, Bronson, was also suspended from office by Gov. Crist and convicted of soliciting/accepting a bribe in the same case. Parker fared better than Yearty and was sentenced in April to six months house arrest and 500 hours of community service. Parker's probation and electronic monitoring fees were waived due to financial hardship. Parker had a fit of conscience and returned his portion of the money back to federal agents. No charges were made against Parker of lying to federal investigators.
By now, Yearty must be well aware of his new responsibilities and settling into his structured routine. According to the institution's handbook, inmates must submit to five head counts on weekdays and six head counts on weekends and holidays. Prisoners must check the dormitory bulletin boards each evening for the following day's work assignments. Any prisoner who is not at his designated location during any given time is considered out of bounds.
     Outdoor recreational areas include a walking/jogging track, softball and football/soccer fields, but they are closed to all inmates at dusk. Other restricted areas are the base theatre and the base gym. Parking lots are considered out of bounds, along with the front of the Food Service and R & D buildings, and the Administrative Buildings, unless the inmate first checks in at the Control Center.
     No tobacco is allowed on the premises, so the prison offers inmates a smoking cessation program which includes counseling, education and nicotine reduction patches. Inmates are subject to random searches for contraband, and possession of contraband is a "serious offense," according to the handbook. Unauthorized or unissued items and clothing in excess of allowed limits are considered contraband. Inmates are also subject to random drug and alcohol testing, and any attempts to evade the testing will result in "disciplinary action"
     A typical weekday schedule consists of three official counts during the night. Lights are turned on at 4:45 a.m. Breakfast is served between 5:00 to 6:00 a.m. Living cubes must be kept immaculate during weekdays. Floors must be mopped and polished daily, all beds must be made and trash emptied by 6:30 a.m., and the rooms should be ready for inspection between 7:30 a.m. and 4:00 p.m. on any given weekday. Work calls are made at 5:30, 6:30 and 7:30 a.m. Lunch is served between 11:00 and 11:45 a.m., and the base detail work days ends between 3:00 to 5:00 p.m. The evening meal is served between 4:30 to 5:30 p.m., and mail call is held at 5:30 p.m. and 8:30 p.m. A couple more head counts are made in the evening, and lights are turned out at 10:30 p.m.
On weekends and holidays, there are six daily head counts. Showers open at 4:45 a.m. Coffee Hour is held between 6:30 a.m. and 7:30 a.m. Brunch is served, starting at 10:00 a.m. and continuing until everyone is served. The evening meal is served early, from 2:30 p.m. until 3:30 p.m., and lights are turned out at 10:30 p.m. Visiting hours are held from 5:00 p.m. to 8:30 p.m. on Friday evenings and from 8:00 a.m. until 3:00 p.m. on Saturdays and Sundays.
     A strict dress code is enforced. Inmates are expected to maintain a clean, neat appearance. While at work, issued belts must be worn, and button-up green shirts or white tee shirts must be tucked into the pants. Otherwise, shirts must be worn at all times. 
     Some work details are performed off-base, with strictly enforced rules. Inmate pay ranges from $.12 to $.40 per hour of satisfactorily performed work, and inmates are paid monthly. 
     If former commissioner Yearty were to rely upon his prison earnings to pay back the $10,300 in fines ordered by Judge Mickle - and assuming he is paid the maximum possible salary of $.40 per hour, at 40 hours per week - he would have to work 25,750 hours, which means Yearty would have to be incarcerated for 643.75 weeks to pay his court-ordered debt to society, which would be impossible, as Yearty has been ordered to serve roughly 141.43 weeks in federal prison!
     Phone calls are restricted to certain hours of the day and are subject to monitoring. Any damage to phones will result in disciplinary action. No food or drinks are allowed in the phone room, and no business may be conducted or operated while an inmate is incarcerated.
     Health and dental coverage is available and inmates initially receive imunizations including tetanus and PPD (pertussis, polio and diptheria). Other vaccines are available as indicated. Psychological counseling and literature is also availabe. 
GED testing, numerous on-the-job training programs and English classes are available, Prisoners have access to the library on weekends and a wide variety of recreational activities and some movies, as well. If you would like to send a letter to Yearty, he can be reached at: Mr. Sammy Yearty, Inmate #20575-017, FPC Pensacola, Federal Prison Camp, P.O. Box 3949, Pensacola, FL 32516.
     Thus ends the legacy of public service started by Yearty's grandfather, then Yearty's father, both having served on the Levy County Board of County Commissioners prior to the thirty years Yearty, himself, served...

Former Commissioner Yearty Get 33 months, 3 years Probation

Former District 3 Levy County Commissioner Sammy Yearty, 63, Otter Creek, was sentenced by Chief Judge Stephan P. Mickle in the U.S. District Court, Northern District of Florida in Gainesville, May 3, to serve 33 months in federal prison and pay also to pay fines in the amount of $10,300. Due to medical reasons Yearty will begin serving his sentence after July 5.

    After a five-day trial, Yearty was convicted on Dec. 5 (2009), along with District 5 Levy County Commissioner Tony Parker, 49, Bronson, of soliciting and accepting a $10,000 bribe from an FBI agent. Yearty was also convicted of lying to a federal agent during an interview with the FBI prior to the trial.

Both men were suspended from office by Gov. Charlie Crist on Nov. 5, 2007, one day after being re-elected to office. Yearty had been re-elected to office, in every election, since being appointed as commissioner by then-Governor Reubin Askew in 1978. Yearty's father and grandfather were also county commissioners. Parker had narrowly been re-elected to his second term in office.

Parker, who was also convicted of soliciting and accepting a bribe, was sentenced by Judge Mickle on April 14 to six months house arrest, five years probation and 500 hours of community service. His probation and electronic monitoring fees were waived due to financial hardship. He had faced a recommended sentence of 27 to 33 months in prison. Judge Mickle commented that Parker had returned the money, was genuinely remorseful and unlikely to break the law again, that he'd had a lapse in character.

Mickle told Yearty, on Monday, that he'd taken a large amount of money and worked to keep it secret, and the self-dealing of officials damages the public's faith. Mickle said Yearty's sentence reflects the seriousness of his offense.

The judge entered a recommendation that Sammy be incarcerated in a facililty as close as possible to Levy County.

  A number of Sammy's friends and colleagues stepped forward to tell the judge about the many acts of kindness and good things Sammy has done during his 30 years of service to the people of Levy County.

Former Levy Commissioner  Sentenced to House Arrest, Probation

     Tony Parker, former Levy County Commissioner (Dist.5) who was convicted in federal court in December of soliciting and accepting a $10,000 bribe from an FBI agent, was sentenced by Chief Judge Stephan P. Mickle of the U.S. District Court, Northern District of Florida, on Wed. Afternoon (April 14). Parker was sentenced to six months house arrest, five years probation and 500 hours of community service. Parker had faced a recommended sentence of 27 to 33 months.
     Sammy Yearty, former Levy County Commissioner who was convicted of the same charge, and also of lying to a federal agent during an interview, is scheduled to receive his sentencing on May 5. The men were convicted during an FBI investigation where FBI agents posed as developers with a the fictitious Gideon Development Corporation out of New Jersey, seeking to build a high density development in the area. The investigation started in Dixie County, resulting in several convictions and jail sentences there, and spread into Levy County when Dixie County Commissioner Alton Land told the FBI of Sammy Yearty's influence in Levy County, according to court records.
     Pamela Blair, the former executive director of the Nature Coast Business Development Council, was charged with lying to a federal agent during an interview in the same case, and is scheduled to go to trial in early June.

Attorney Files Motion for New Trial

Special to The Newscaster by Toni Collins 

      Sammy Yearty's attorney, Rod Smith, filed a Motion for New Trial last Friday requesting the Court to set aside the December 4th judgment and order a new trial.  At issue is the Court's failure to timely address the highly prejudicial testimony of the primary F.B.I. agent, Sean Quinn.
      When Smith questioned Quinn during cross-examination regarding two specifically named individuals the F.B.I. was investigating, Quinn responded with an answer that directly implicated Smith in the conspiracy at issue.  Smith argues that the statement had no value or purpose other than to discredit him in the eyes of the jury.  The Court denied Smith's Motion for Mistrial and permitted several days to pass before instructing the jury to disregard Quinn's statement.
      The Motion for New Trial also asks the Court to find that in Count I the Government failed to meet the burden of proof since there is no evidence that Yearty agreed to sell his vote.  Quinn testified that Yearty never asked him for any items of value, nor did he ever promise to vote favorably on any present or future projects for the fictitious development company Quinn claimed to represent.   
      As to Court III, the Motion claims the allegation of making a false or fraudulent statement is insufficient for failure of the Government to ask Yearty about any act on his part that would constitute a federal violation.
      Tony Parker's attorney, Gloria Fletcher, joined with Yearty by filing a Motion to Adopt Yearty's Motion for New Trial.  The motions will be ruled on by U.S. District Court Justice Stephan P. Mickle, Gainesville.    

Yearty Parker Trial Summary 

(final by Newscaster Staff)

The trial of Sammy Yearty, 63, Gulf Hammock, and Tony Parker, 49, Bronson, was held in the Northern District Federal Court in Gainesville, Nov. 30 through Dec. 4. The jury and courtroom listened intently as witnesses took the stand, sharing pieces of the puzzle that was to determine the fate of the two men who were suspended from the Levy County Commission by Gov. Charlie Crist on Nov. 5, 2007, one day after both commissioners were re-elected to their commission seats. The men were charged with soliciting bribes in return for payment or incentives. Yearty was additionally charged with lying to a federal investigator.

As the story unfolded, it was revealed through testimonay that in 2006, FBI agents posing as developers with the fictitious Gideon Development Corporation out of Newark, N.J. were investigating corruption in Dixie county. Yearty's name came up in a conversation between "developer" (FBI agent) Sean (Quinn) "Michaels" and Dixie County Commissioner Alton Land, and the focus of the investigation shifted to Yearty, whom Quinn was told was the most influential member of the Levy County Commission.

Agent Quinn said that he met Yearty, Parker and Levy County Coordinator Fred Moody by chance at the Bronson courthouse on Dec. 14, 2007. Agent Quinn visited with realtor Jim King (Chiefland) who arranged a meeting between himself, Michaels and Yearty. They had dinner at a restaurant. Yearty took Agent Quinn around the county so he could see the area springs. Yearty told Agent Quinn, that when he next came to the area, he would introduce him to the mayor of Inglis and show him the future nuclear plant site. Agent Michaels called realtor King and asked if he should send Yearty cigars or liquor to show his appreciation. King told him that Yearty was a deacon in his church and suggested a gift card at a restaurant, instead. Agent Quinn sat with Yearty and Parker at the Enterprise Zone Development Agency banquet where he (Agent Quinn) gave a $500 donation.

Jurors were given transcripts of many hours of barely audible audio and video recording and phone messages. The most incriminating evidence was an videotape of a dinner meeting between Agent Quinn, Yearty and Parker at the University Hilton Hotel in Gainesville where they were discussing an upcoming trip to New York City for the 3 men. Although Yearty and Parker said they were not hungry and only wanted sodas, Agent Quinn ordered 4 diet sodas, 8 regular sodas, wine, 1 of each appetizer, 3 dinners, 3 large salads and 3 desserts. At this meeting, Agent Quinn counted out $10,000 in 10 stacks and gave 6 stacks to Yearty and 4 stacks to Parker. Yearty was given the extra $1000 to compensate him for Michaels' having billed the flights to Yearty's credit card.

The attorneys for Yearty (former State Senator Rod Smith) and Parker (Gloria Fletcher) made motions for acquittal and mistrial, but both were denied by Judge Stephan P. Mickle. Smith protested the 670 word ambiguous question Yearty was accused of lying to and Fletcher spoke at length about the outragous behavior of the FBI agents. 

On Friday, the jury deliberated from 12:30-6:30 p.m. The judge was asked several questions: If Parker was found not guilty of his charge, could the charge of conspiracy still stand against Yearty? (No.) The jury also wanted to see the transcript of the meeting at the Hilton Hotel where the money was accepted. The third question was: Does the jury rely solely on the indictment, or is the indictment part of the the jury instructions?

Although accounts of the trial stated that the case against the two men had not been proven in court, Yearty and Parker were both found guilty of all charges. Sentencing is scheduled for April 5. Both men are free on bond. 

A former Dixie County zoning official Willie Dewy "Billy" Keen jr. was sentenced to 6 and a half years in federal prison and ordered to pay more than $32 thousand in restitution by Judge Mickle on a similar conviction. Read day by day testimony coverage below.

Yearty-Parker Trial  in Federal Court Day 1 (Nov. 30, 2009)     

By Sally Price, Newscaster Correspondent, Edited by Deborah Russell 

     Chief Judge Stephan P. Mickle of the U.S. District Court, Northern District of Florida, got the trial of suspended Levy County Commissioners Sammy Yearty, 63, of Gulf Hammock, and Tony Parker, 49, of Bronson, underway in Gainesville, Monday, with a talk on the American System of Justice and court rules. Jury selection was completed, and by 10:35 a.m., 14 jurors, including 2 alternates, who'd been selected from the pool of 43 prospects, were seated in the courtroom. After a short break, the trial began, centered around a New Jersey FBI agent using the alias of Sean Michaels, an employee of the fictitious Gideon Development Corporation, who was seeking to develop a high density residential development.
     Assistant U.S. Attorney Gregory McMahon, prosecuting attorney, was accompanied by FBI Special Agent Jeffrey Thornburg, an investigator for the case. In opening statements, McMahon expounded on conspiracy and alleged that Yearty and Parker came together to commit a crime and that Yearty lied to a federal official in a federal case. He told of some 30 hours of tapes and very few contacts before money was exchanged, a trip to New York City for the two, with a $700 per night hotel suite, excursions and flight. McMahon said Yearty and Parker got together, went to New York City, stayed in the Hilton and took the money (10 stacks of $1000) due to their greed - taking money from someone who wanted to do business with Levy County. Parker gave back his $5000, but McMahon added, "You can't withdraw after you commit the crime."
     Parker's counsel, Gloria Fletcher, described Parker as not highly educated and stated that he made his living with his hands and had the belief that people couldn't just stand by, so in 2000, Parker ran for election, learned the art of negotiation, and in 2004, sought re-election. Levy County, she said, being rural, has few resources, and it was Parker's county commission job to live within a budget. Controlled growth was needed. Michaels high density project needed to go to cities where infrastructure is provided. Yearty  and Parker had no voting authority there.

     Yearty is represented by former State Senator Rod Smith and his associate/son, Jesse Smith. The elder Smith spoke of Yearty as a 30-year county commissioner whose father was a county commissioner before him. Smith emphasized that nothing was pending with the Levy County Commission regarding "developer" Sean Michaels or Gideon Development. A development is a tax base to Levy County, and the county can't help his development, which needs city water and sewers. County plays no role in cities. Michaels had previously met with Doug King of Jim King Realty (Chiefland) about the development. Michaels asked King to bring in Yearty, who took agent Michaels around the county for seven hours and had lunch with him, but never mentioned "votes." Yearty offered Michaels an airboat trip to the Wacassassa flats. At dinner, Michaels said, "Why don't you come up to New York City?" Yearty put two tickets on his visa card. At the end of dinner, Michaels brought out the money and tried to justify that Yearty and Parker would need $5000, each, for the trip. He stresses that Gideon Development had nothing pending before the county commission. Smith said, "You can't prove that Sammy sold the office the people have given him for thirty years."
     The first witness was FBI Jeffrey Thornburg who testified, that in 2005, the FBI's focus was on 2 Dixie County Commissioners and 6 or 7 other people. In spring of 2007, plans were revised to include Yearty as a target, and a transition was made from Dixie to Levy County. As Michaels was having trouble keeping up his case load in N.J. while working on the case in Levy County, another agent, Jesse Chapman (an alias), who was portrayed as V.P. and investor of Gideon Development, came to work on the case to help Michaels. Michaels met with Doug King of Jim King Realty (Chiefland) and once or twice with real estate broker Darryl Diamond (Inglis) to make his business look legitimate.
     Fletcher brought out that Parker was not a target of this investigation, that many of the exhibits in the trial were from Dixie County and questioned that agent Michaels could come up with $500 cash to donate at a county EZDA meeting where other developers were giving money. She questioned why many of the phone calls were not recorded.
     Smith brought out testimony by Thornburg that this case was not referred to him by law enforcement and the FBI never talked to the sheriff or police about Yearty and Parker, until after the indictment, and that the one agents had targeted was Yearty. Smith brought up that Yearty had spent hours taking Michaels around the county and had offered the airboat trip to Michaels before Michaels brought up the NYC trip, and that the two $910 airline tickets were placed on Yearty's charge card. Michaels - not Yearty - suggested that Yearty and Parker would need $5000, each, for the trip to NYC. "We were buying influence, not a vote," said Smith, pounding loudly to the word "vote." He emphasized that Yearty never used the word vote, that he'd said, "As long as you do things according to the rules and zoning, I will help you." Smith emphasized that there was nothing for the commission to vote on regarding Gideon Development or Sean Michaels.
     The trial contained many statements about taping phone conversations and wearing a wire or recorder to record conversations. Thornburg said some important conversations could not be taped because Michaels was afraid of being seen with, or caught, in security checks, with recording devices and did not want to risk compromising the investigation.
     

Levy County's "Trial of the Century," Day 2, Dec. 1st

By Sally Price, Newscaster Correspondent, Edited by Deborah Russell    


     Day two of the Yearty/Parker trial, Dec.1st, got underway in the Gainesville Federal Courtroom presided over by the Honorable Judge Mickle. FBI Agent Jeffrey Thornburg, who was in charge of the "Yearty investigation," and the main witness on day one, was still on the stand, as U.S. Attorney Greg McMahon wanted to clarify statements from his previous day's testimony. Thornburg said that he possesses the pass codes to the voice mails on the three phones used by undercover agent "Sean Michaels," and that all collected information was recorded. Thornburg had said he had not been comfortable contacting law enforcement in Levy County, because the more people who knew about the investigation, the greater the chance the investigation could be compromised, but he had involved the FDLE (Florida Department of Law Enforcement) in the case. He stated that the goal of the investigation was for Yearty to violate the law, and the decision was his, but "Sean Michaels" had made the contacts with Yearty and Parker, not he (Thornburg).       

     The next witness questioned by U.S. Attorney McMahon was the mystery man courtroom visitors were anxious to see, Sean Quinn, the F.B.I.Special Agent from Newark NJ, who'd assumed the identity of "Sean Michaels," the "developer" with the fictitious Gideon Development Corporation. Quinn said he's been with the F.B.I. for 12 years and works the Corruption Squad at all levels. He's been a case agent, but worked as a volunteer in this case for no extra pay while still working his case load back in N.J. He said special training for undercover work involves ten days of role playing, a psychological exam and a mental health evaluation every six months to ensure that you're still a suitable candidate for the job.

     Michaels said the "home base" for the fictitious Gideon Development Corporation started out in Ft. Lauderdale, but was changed to N.J. because of his accent. Quinn picked the alias "Sean Michaels," due to the name having a million references on the Google search engine, making it difficult to research. He said he traveled from N.J. to this area, once or twice a month for three days, and two of those days were spent traveling. He said an under-cover case is usually worked for six months, but this case continued longer, causing problems with his schedule back in N.J.

     Quinn, or "Michaels," said he heard Mr. Yearty's name in 2006 while investigating corruption in Dixie County. He said he spoke with former Dixie County Commissioner Alton James Land, whom Michaels said he'd already "bribed." He said he asked Mr. Land if he knew knew anyone who had a vote, in order to pull off his mission. Michaels said you had to build a "legend" - let people learn you're there.      

     Michaels said, on Dec 14, 2007, he accidentally bumped into and met Levy County Coordinator Fred Moody and Levy County Commissioners Parker and Yearty at the Levy County Court House in Bronson. He said his entry into the courthouse set off the security gate's magnetometer alarm, and he was loosely questioned, but used his skills to talk his way out of it. After that, he said, he had to be careful of going into the courthouse, wired. Michaels said he spent time with Inglis realtor Darryl Diamond (who is on the witness list), but never followed up with him. Michaels said his main contact was with Chiefland realtor Doug King, who arranged a meeting with Yearty after he told him he needed to meet Yearty and Luther Drummond, telling him, if Drummond was for a development, "it happened." Michaels said he sat with Yearty and Parker at the Enterprise Zone Development Agency (EZDA), where he (Michaels) gave a $500 donation. He said that other developers were also giving donations. Michaels said he asked realtor King what he could do for Yearty's having taken him around the county and showing him the appeal of the Levy County springs. King allegedly suggested a gift card, so that Yearty could take his wife to dinner, so Michael's mailed Yearty a $100 gift card to Bonefish Grill which was mailed to Yearty at the County Commission's post office box.

     Part of the morning was spent listening to tapes that were difficult to discern, and only the jury received transcripts of the information contained in the taped conversations, phone messages and a few wired meetings. 
Videotapes leading up to Yearty and Parker's New York city trip were started not long before the 4:30 p.m. dismissal. Coverage will be continued with day three.

Levy County "Trial of the Century," the Yearty-Parker trial, Day 3, Dec. 2

By Sally Price, edited by Deborah Russell


When the court session was over on Tuesday afternoon, day two of the trial of (now) suspended Levy County Commissioners Sammy Yearty and Tony Parker, a series of small videos were being played for the twelve jurors and two alternates. On Wednesday morning, Yearty and Parker were shown in a room at the Hilton Hotel in Gainesville, being filmed with a concealed camera, chatting with undercover FBI agent "Sean Michaels" the "developer" with the fictitious Gideon Development Corporation. 

According to court testimony, prior to this dinner meeting, Michaels had offered Yearty a trip to New York City, and Parker was to accompany him. Tickets for the first class airfare had been charged to Yearty's credit card, earlier, by Michaels who'd gotten the charge card information from Yearty, so they could get seats together by booking their flight at the same time.


While the men were talking on the film, a waitress came in with a menu. Michaels asked Yearty and Parker what they wanted. They told Michaels they were not very hungry, but they'd take a coke. Michaels ordered four diet cokes, eight regular cokes, one of each appetizer on the menu, wine, three entrees and three salads even after the waitress said the salads were large, plus three desserts, although Parker and Yearty said they could not eat dessert.


The men discussed the trip to New York City. Michaels said, "Here is money for your hotel, air fare and whatever else you want to spend up there. Just go have fun." He said the hotel was a Hilton, "Like this one." As Michaels counted out the $10,000, he told the men about some of the more expensive hotels in New York City. Michaels told Yearty and Parker that he wanted them to have the best experience possible. Michaels counted out 10 stacks of $1000 each, while telling the men about Times Square. Yearty said that Tony (Parker) had given him a check for $1000, for his air fare. According to discussion, Yearty was to pay for the airfare and hotel. Michaels instructed them to pay cash at the hotel. The ten stacks of bills were lying on the table, while the men discussed cars. Michaels counted four stacks of bills and gave them to Parker, then he counted six stacks of bills and gave them to Yearty, saying the extra money was for the airfare. 

Michaels discussed his military career at Ft Benning. Georgia. Parker received numerous phone calls during the hotel visit. Michaels said, "Smart developers have people who go out and do what I do, build relationships before you build buildings." Yearty asked if the Empire State Building and Statue of Liberty were paid for, and Michaels said "yes." Yearty said, "We need to go. I have got to go home and pack." The men discussed airport parking and said that they would probably place the car in long term parking. Michaels said he had to turn in the rented car. Yearty told Michaels, "When you come back, I will take you down and introduce you to the mayor of Inglis and let you see the power plant area. Yearty told Michaels, "I feel that you are a friend. I will lead you in the right direction." Michaels responded, "I want you to feel confident. No one has to know about this." Michaels then told Parker and Yearty about why he used the motel room, then Parker and Yearty left the room. 

Michaels left the room, after Parker and Yearty, and said, "One small 
problem." He commented that he had $200 from one of the piles. He hands it over, and the men responded, "we'll work it out." Michaels replied, "I don't want you to come up short," then he followed the men outside to show them his rental car. Michaels returned to the motel room because he forgot his keys.


Retired FBI agent Joseph Cornwell was called to the witness stand. He posed, undercover, as Jody Chapman, who's role was short and limited. He was supposed to help Michaels, but at the EZDA banquet, Michaels recognized someone in the room who he knew him, which would blow his cover, so Michaels was removed from the case. Chapman said he explained why Michaels left the area to Yearty on Dec. 18. He said that Parker called him on Dec. 19 and left a message. He returned Parker's call the same day, and Parker told him that he was uncomfortable about the trip and wanted to return the gift. 

Attorneys for plaintiffs move for acquittal


On Thursday, day four of the Yearty-Parker trial, attorneys for the plaintiffs moved For acquittal. The jury was excused for the day. At this point, Parker's attorney, Gloria Fletcher, went before Judge Mickle, pointing out the outrageous conduct of the U. S. Government. She said Agent Quinn (Michaels) testified that he didn't know Parker, that he met him at a fluke meeting and they exchanged business cards. Then, she said, they have another fluke meeting at the EZDA meeting, and Parker did not see him again. She went on, at length, about Michaels "building his legend." She mentioned the eightly recordings, "And not one time did Michaels reach out and call my client." She said, "Yearty talks about a trip with alligators and Michaels says, 'Come on up to New York.'" She called this "a ruse, a fluke." She emphasized that Michaels did not call Parker, not one time, or test the waters to see if Parker would do anything, prior to Dec 5. The day of the meeting in Gainesville, Michaels had a change in plans and called Yearty to bring Parker with him. She stressed that the government chose the room, picked the location, suggested the massive amount of food even though Yearty and Parker were not hungry. Michaels ordered one of each appetizer, four diet cokes, eight regular cokes, entrees, wine, and salads. Parker and Yearty said no to desserts, yet Michaels ordered three. She stressed that the government made the trip plans, picked the hotel, booked express at twice the cost, plus made cash for this and cash for that. "Evidence shows my client already went back and withdrew $5000," said Fletcher. "My client went to that meeting to pay his way. Meager participation. Couldn't even tell Cornwell where Gideon Development was out of. He was enticed into this. Said, 'I am going to give you back your check. I didn't feel comfortable.'" She continued, "Outrageous conduct of the U.S. Government, that my client was charged. Nowhere is there one shred of evidence that anything came before the Levy County Government. In the videos, Yearty said, 'You need to go to Chiefland.' The agent said, 'I am going to go there.
'" Fletcher emphasized that Parker was within the law when he returned the money within 90 days - $5000 - $1000 more than he received, that he'd received no gifts and nothing had been pending before the Levy County Commission, so there was no conflict. Again, she emphasized that Parker did not benefit, that these actions were those of the U.S. Government, and there were three areas for his acquittal.

Smith spoke in behalf of Yearty. On Count 3, "knowingly and willfully make a fradulent statement," he pointed out that the question Yearty was asked was a misleading question, 670 words long, and that Yearty had already acknowledged talking to Michaels. He discussed at length the gifts and meals, but stressed that the issue was intent, that it is not against the law to take a gift, unless it is with the intent to be influenced. And there was no evidence presented in court that the gift cards were solicited or received. No mention of votes by Yearty, that the special agent had brought it up, and not once was evidence presented that votes were influenced. Yearty only said he'd help Michael if he adhered to laws and zoning, and referred him to chiefland, where Yearty had no influence. Parker offered to help pay for the Hilton, and Michaels refused. Yearty took the agent around the county for 7 hours and the agent only received maps. He said that Yearty was trying to attract Gideon to the area, not accept a bribe.

Prosecutor McMahon said that the behavior of the agents was not outrageous, that Yearty and Parker were aiding and abetting one another, that the agents asked, "Can we count on your support? We are behind you," and they could have returned the money. They had an opportunity to refuse, but never said no. He said they'd committed conspiracy because 2 two or more people had conspired.

Yearty Parker Trial, Day Four (Dec. 3, 2009)

By Sally Price, edited by Deborah Russell

On Thursday, day four of the trial, the jurors and alternates, eight females and six males paid close attention to the courtroom proceedings. Judge Mickle opened the day's action with Rod Smith, Yearty's attorney, at the front, discussing with Judge Mickle that he had a problem with some of the previous day's testimony. On Wednesday, as Smith questioned agent "Michaels" as to what pointed the investigation toward Yearty, Michaels said that Mr. Land (from the Dixie County case) was trying to get a finder's fee for turning in people from Gilchrist County and possibly some from Levy County. He then said, "And you," referring to Attorney Smith, himself. Smith responded with, "Did Land tell you I prosecuted him?" Smith said that Yearty has the right for his attorney to stand with creditability in this case.
Prosecutor McMahon responded it was an invited error when Smith said, "I prosecuted your snitch," that there is a double way to look at it - if it is an error, he created it or tried to get creditability, to enhance himself before the jury. Smith responded that he wasn't trying to bolster the jury, that he wasn't a friend of Alton Land, that it was not accidental that Michaels said it, that Michaels was trying to link Smith to the investigation. 

Steve Amos, the FBI agent who was on the stand, briefly, on Wednesday, took the stand. Parker's attorney, Gloria Fletcher, verified that he is the one who interviewed Parker. "Did you read him his rights?" Amos replied, "No."
"Did Parker come to the interview with an attorney?" Amos replied, "No." Amos said Parker asked for a glass of water, took a deep breath and said, "There is something I need to tell you." His testimony also brought out that Parker had been recorded without knowing it, that he was asked information of other Levy County Commissioners, that he'd asked Parker for phone numbers which he agreed to supply, and he also asked Parker to cooperate with him. He said Parker told him that he'd given the money back, that he'd supplied him with Sean Michaels' business card, a receipt for a $5000 money order made out to Joseph Chapman from Parker Truck and Tire, along with an Express Mail receipt from Tony Parker to Chapman in Ft Lauderdale. He said that Parker agreed to consensual phone calls and returned on August 11 with the documents he'd been asked to bring. He said, that on the 11th, Parker had said that he did not believe he'd done anything wrong and agreed to take a polygraph test, but one was never scheduled. He said, that as this took place in an election year (2008), the subpoenas were not issued at that time, as the FBI did not want to interfere in the election process.

FBI Thornburg was again called to the stand

At 10:45 a.m., Parker's attorney, Fletcher, went before Judge Mickle, continuing from yesterday and bringing up two additional examples of the outrageous conduct of the FBI. She stated that the FBI agency was involved in creating crime, that the government actually participated. Yearty's attorney, Smith, brought up, again, the Count 3 ambiguous 670 word question posed to Yearty and said the question had not been sought in court.

Mickle rejected the motion for mistrial and also for acquittal. In regards to the outrageous behavior claim of Flether on the part of the FBI, Mickle ruled, that if the government provides a favorable opportunity for them, the defendants simply have to say 'no,' but the money was laid out and taken. He said that the conduct of the FBI did not rise to the level of outrageous, that the money was split equally, and there was sufficient evidence that the money was accepted, knowing it was a bribe on things to come before the Levy County Commission. He also ruled that the 670 word question was not ambiguous.

Dennis Lee, a rural real estate developer who has Worked in 20 counties since 1975, testified that he works in counties with smaller population where less infrastructure is needed. He said that Parker gave him Michaels' business card, to see if he was interested. Questioning pertained to real estate definitions, terms and laws.
Lee said that Michaels was scouting to locate property for high density townhouses/condos. Lee said that Michaels wanted to get to know 3 of the 5 commissioner, in order to complete his project.

Heather Lombardo, Administrative Assistant in the Levy County Commission office, testified that she handles mail to the commissioners. Smith asked her if she had ever delivered a gift card. She replied, "Yes, years ago." She said if she had delivered one, she did not remember it, but if it had been received, she would have delivered it to Yearty, because she picks up and delivers the mail.

Bill Hammond, Chiefland Building and Zoning Official, was asked by Smith about the Comprehensive Plan and how it works with zoning changes. There was an exhibit of a Chiefland map showing the Municipal Service District. Hammond said high density needs water and sewer. He said that Michaels had spoken with him and said he would be building 4 to 6 stories. He said the Fire department would have to sign off. McMahon asked a few questions along the same lines.

Lilly Rooks, a Levy County Commissioner of 16 years (non-consecutive) was questioned about the county's Comprehensive Plan and changes to it for large scale amendments and if variances had been granted. A large map of Levy County was used to identify locations being discussed.

Anne Bast Brown, Levy County Attorney, was questioned, mainly about the county's Comprehensive Plan, Planned Unit Developments (PUD), Evaluation of Appraisal Reports (EAR)and High Density

. Smith questioned her about Ethics. She said that meals may be accepted, but if they exceed $100, they have to be filed with the state. Meals under $100 don't have to be reported. She said that a gift can not be accepted in exchange for a legal action.

Doug King, Chiefland Realtor since 1974, said he has handled all kinds of real estate.
King said he has known Yearty for years and may even be related somewhere back in their lines, and that he has worked with Yearty on new development and commercial properties that create jobs or build the tax base. He said that he and Yearty have the same philosophy on Levy County, "
     

We knew growth was coming, but we did not want it to change the lifestyle." In January of 2007, King said he received a letter from Michaels (of Gideon Development corporation), that said he was looking for property in Chiefland. King said that he took Michaels to see people in Chiefland and set up a meeting for Michaels and Yearty in his office. He said Yearty told him, "It all sounds good. Anything for jobs." King said he's given Yearty money for campaigns. He said that he, Yearty and Michaels ate at Bill's BBQ. King said that Levy County struggles for tax base, that 90% of the taxes are paid by 10% of the people. He said, later, Michaels called him, stating that he wanted to do something for Yearty, like give him cigars or liquor. King said he told Michaels that Yearty is Deacon at his church and that maybe a gift card to a restaurant would be a better idea. He said that Michaels told him, "I'd like to give him a gift, but I don't want it to get out into the press." When asked if Michaels seemed legitimate, King replied, "No." When Smith asked if King was aware that Michaels was taping his phone calls, King replied, "No." King was asked when he learned of the trip to New York city and King replied that he saw it in the newspaper. King said that he and Yearty have the same values, "He'll do anything I ask him to," he commented. King said he told Michaels that Yearty pretty much controls the commission vote and carries a lot of weight in Levy County.

Yearty-Parker Trial Day 5 (Dec. 4, 2009)

Closing Arguments Finished , Verdict in Hands of Jury at 12:30 p.m.

Jury Finds Both Men Guilty on All Counts

     Following about 6 hours of deliberations the jury in Gainesville federal court found both Sammy Yearty and Tony Parker guilty of conspiracy, and accepting a bribe.  Yearty was found guilty of lying to a federal agent.  Neither defense attorney indicated they would appeal the case.  Sentencing is scheduled for April 5. Both men are free on bond.  

     One juror wanted to know if deliberations could be continued until Monday because he/she had to drive home to Mayo in the dark. The jury asked if they could discuss what they wanted to do. They came back out within minutes and said they wanted to continue and see if they could come to a decision tonight.

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