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Corruption trial and acquittal
Espy trial
On August 27, 1997, Espy was indicted on charges of receiving improper gifts, including sports tickets, lodging, and airfare. Espy refused to plea bargain and on December 2, 1998, he was acquitted of all 30 criminal charges in the trial. Independent Counsel Donald Smaltz presented more than 70 witnesses during the trial and spent more than $20 million preparing and trying the case.[27]

During testimony before the jury, the prosecution’s star witness told Smaltz: “God knows, if I had $30 million, I could find dirt on you, sir.”[28] During the trial, Smaltz protested that the defense was injecting race into the trial in what he saw as an appeal to a mostly black jury.

The defense rested without calling any witnesses, arguing simply that the prosecution had not proved its case. The jury deliberated less than 10 hours before finding Espy not guilty on all charges. One of the jurors said, “This was the weakest, most bogus thing I ever saw. I can’t believe Mr. Smaltz ever brought this to trial.” At least four other jurors echoed this view, though less pointedly.[29] Barbara Bisoni, the only white juror, said Smaltz’s case “had holes” and that race never entered into the deliberations.[29]Corruption trial and acquittal
Espy trial
On August 27, 1997, Espy was indicted on charges of receiving improper gifts, including sports tickets, lodging, and airfare. Espy refused to plea bargain and on December 2, 1998, he was acquitted of all 30 criminal charges in the trial. Independent Counsel Donald Smaltz presented more than 70 witnesses during the trial and spent more than $20 million preparing and trying the case.[27]

During testimony before the jury, the prosecution’s star witness told Smaltz: “God knows, if I had $30 million, I could find dirt on you, sir.”[28] During the trial, Smaltz protested that the defense was injecting race into the trial in what he saw as an appeal to a mostly black jury.

The defense rested without calling any witnesses, arguing simply that the prosecution had not proved its case. The jury deliberated less than 10 hours before finding Espy not guilty on all charges. One of the jurors said, “This was the weakest, most bogus thing I ever saw. I can’t believe Mr. Smaltz ever brought this to trial.” At least four other jurors echoed this view, though less pointedly.[29] Barbara Bisoni, the only white juror, said Smaltz’s case “had holes” and that race never entered into the deliberations.[29]Corruption trial and acquittal
Espy trial
On August 27, 1997, Espy was indicted on charges of receiving improper gifts, including sports tickets, lodging, and airfare. Espy refused to plea bargain and on December 2, 1998, he was acquitted of all 30 criminal charges in the trial. Independent Counsel Donald Smaltz presented more than 70 witnesses during the trial and spent more than $20 million preparing and trying the case.[27]

During testimony before the jury, the prosecution’s star witness told Smaltz: “God knows, if I had $30 million, I could find dirt on you, sir.”[28] During the trial, Smaltz protested that the defense was injecting race into the trial in what he saw as an appeal to a mostly black jury.

The defense rested without calling any witnesses, arguing simply that the prosecution had not proved its case. The jury deliberated less than 10 hours before finding Espy not guilty on all charges. One of the jurors said, “This was the weakest, most bogus thing I ever saw. I can’t believe Mr. Smaltz ever brought this to trial.” At least four other jurors echoed this view, though less pointedly.[29] Barbara Bisoni, the only white juror, said Smaltz’s case “had holes” and that race never entered into the deliberations.[29]
Related cases
In 1996, Sun-Diamond Growers was fined $1.5 million for giving Espy $6,000 in gifts; in March 1998 it won a reversal at the Court of Appeals level.[30] Independent Counsel Smaltz appealed that ruling to the Supreme Court. The Supreme Court affirmed the decision of the Court of Appeals, finding that the gratuities statute requires a link between a gift and an official act. Unable to make such a link, Smaltz dismissed the gratuities charge against Sun-Diamond. The court’s unanimous April 1999 opinion, by Justice Antonin Scalia, stated that the prosecutor’s interpretation of the law was so broad that even a high school principal could be in legal trouble for giving a souvenir baseball cap to a visiting Secretary of Education.[31] The Sun-Diamond decision played a pivotal role in Espy’s later acquittal because Smaltz was unable to link gifts he received to any official act.

In a separate case during the same investigation, Espy’s Chief of Staff, Ronald Blackley, was convicted in late 1997 on three counts of making false statements[32] and sentenced to 27 months in prison.[33]

In December 1997, Tyson Foods Inc., the nation’s largest poultry processor, pleaded guilty to felony charges of giving Espy gifts.[34]