LYNN HAVEN, Fla. (WMBB) — The trial for two defendants in the Lynn Haven corruption case is getting closer and could go forward as soon as August.
Former Lynn Haven Mayor Margo Anderson and James Finch, the owner of Phoenix Construction, are facing fraud and bribery projects over several city projects before and after Hurricane Michael.
During a status conference on Friday Judge Mark Walker and attorneys for both sides agreed to confer on trial dates and meet again on July 7. That means the case could conceivably go to trial as soon as August.
In a previous ruling, Walker threw out one of the charges in the indictment but during the hearing prosecutors said they will not move forward with a new indictment and will instead take the rest of the charges to trial.
However, a jury may never hear the case. Finch’s attorney, Guy Lewis, asked Walker to consider having a bench trial. That means Walker will be both judge and jury at trial and decide if Finch is guilty in the case.
“As we’re considering and trying to get a trial date our clients are actually anxious to move forward as quickly as possible,” Lewis said. He added that Finch, 72, is getting ready to undergo some “very serious procedures,” and that a bench trial may be a better situation.
Lewis suggested that an August or September trial, which could last as long as three weeks, would have to build in “days off” multiple times while Finch dealt with these medical procedures.
In order for that to happen prosecutors have to agree to a bench trial. Prosecutors Stephen Kunz said his team would consider it but that they were not ready to make a decision on the issue Friday.
The judge and the attorneys also discussed a separate order in the case that was issued by Walker but has been sealed from the public. Kunz said prosecutors would provide Walker with sections of the order that they would like to remain redacted. The defense, who is asking that the order be unsealed, will be offered a chance to respond before Walker unseals the order with any redactions.
“There is some disclosure of specific grand jury testimony,” Kunz said, the prosecutors hope will remain hidden from the public.
However, the defense argued that most, if not all of that testimony, was revealed to the public during a three-day evidentiary hearing in March. The defense is also asking that a large motion from prosecutors in the case also be unsealed.