NASHVILLE, Tenn. (WTVF) — Attorneys for former House Speaker Glen Casada and his one-time aide Cade Cothren have decided to push the judge in their public corruption case to declare a mistrial.
Casada and Cothren are on trial for setting up a company, Phoenix Solutions, and using fake names to get lawmakers to use the company for their legislative mail work. Prosecutors allege Casada and Cothren needed to use fake names after a texting scandal, first uncovered by NewsChannel 5 Investigates.
Erik Schelzig, the editor of the Tennessee Journal,was in the courtroom when this all played out Tuesday morning. According to Schelzig, the prosecution inadvertently played the wrong version of an FBI interview with former House Speaker Glen Casada. In the recording, Casada talks about current Tennessee House Speaker Cameron Sexton not being a fan of Cothren. Casada claims if Sexton had known Cothren was actually behind Phoenix Solutions, he wouldn't have approved the state contract.
"The part I think that the defense is objecting to is Casada then added — 'And I think he is right.' Which the defense said is extremely prejudicial to Cothren specifically, and that’s why they’re trying to talk about whether it’s going to be a mistrial," Schelzig said.
All of the attorneys agreed not to play that for the jury before the trial began. Prosecutors told the judge it was an accident.
As a result, the jury was sent home for the day while attorneys for Casada and Cothren discuss whether or not they want to push for a mistrial. That momentous decision will ultimately be up to Judge Eli Richardson.
"[Richardson] called it understandable but also said it’s something that can’t happen. So the judge seems to be acknowledging that it’s a pretty serious incident and if it comes up to a question of a mistrial, that he will take it seriously," said Schelzig.
The formal request
The court reconvened shortly after 4 pm on Tuesday, and Cynthia Sherwood, an attorney for Cade Cothren, formally requested a mistrial in this case. "No limiting instruction to the jury will suffice," Sherwood told the Judge. "We have to do this to protect Mr. Cothren's constitutional rights."
Jonathan Farmer, an attorney for Glen Casada, officially joined the motion for a mistrial. He kept his remarks short, but insisted they didn't want that statement included either.
Taylor Phillips, the lead prosecutor in the case, apologized for the error but argued there aren't grounds for a mistrial because there wasn't a big moment of confrontation or hearsay included in the FBI recording. Phillips also pointed out that Sherwood didn't immediately object, when the recording was played on Friday, and waited to bring it up in court on Tuesday.
Ultimately, the court ran out of time to hear all of the arguments for or against a mistrial. They will pick up where they left off Wednesday morning. That's when a decision is expected from Judge Eli Richardson.
Richardson will be able to tell the jury about continuing on, or if their services are no longer needed by granting a mistrial.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
Happy Birthday to the YMCA of Middle TN. They just celebrated their 150th anniversary! A lot has changed with the Y over the years. I have personally seen some of that firsthand when I was a long-time board member at the Northwest Family Y and part of their Black Achievers Program. Forrest Sanders has a look back.
- Lelan Statom
