Former Leighton mayor denies receiving kickback money

HUNTSVILLE - Testifying in his own defense Tuesday, Robert Ricks denied having crafted a scheme in which he received kickbacks from bogus vehicle repair bills when he was Leighton's mayor.

Ricks, 60, who is charged with extortion, is accused of asking John Cox, who repaired vehicles for the town, to submit false invoices for his work and split the extra money with Ricks.

The trial began Monday in U.S. District Court in Huntsville.

Ricks, who was mayor from 2001 until 2004, says he is innocent.

"I never received any sort of what you call kickback money. I never received any sort of kickback from Mr. Cox," Ricks said during questioning by defense attorney Tim Case, of Florence.

Earlier, Cox, who testified for the prosecution, said Ricks asked him repeatedly from January 2001 until September 2002 to submit invoices that were $100 or more higher than the actual price of the work and for repairs he never made.

He testified that Ricks typically gave him half of the money.

Cox testified he opened his garage in downtown Leighton in 1998 or 1999 and operated it until late 2002.

Cox testified he was afraid to say no when Ricks asked for a bogus invoice, fearing he would no longer be allowed to repair city vehicles.

"I was afraid he would cut my business off if I asked him to stop," Cox testified. He said repairing the town's vehicles accounted for about 25 percent of his business.

During cross-examination by Case, Cox testified he earned about $40,000 in 2002. Case handed Cox a calculator and asked him the total amount of the 19 canceled checks written to his business from the town of Leighton between January 2001 and September 2002 that prosecutors had entered as evidence. Cox said the total for the checks was $4,644.

Later, during additional questioning, Cox testified that the checks did not reflect all the work he did for the town during the 20-month period.

During questioning by Case, Cox admitted he initially denied any knowledge of a kickback scheme when contacted by FBI agents. "I told them I didn't know what they were talking about. Everything I did for Leighton was legal."

Cox said he eventually began cooperating with FBI agents, including making a telephone call to Ricks on July 19, 2006, that was recorded by investigators. A recording of the 10-minute call was played for jurors, who listened on headphones. The recording was not broadcast in the courtroom and attorneys did not disclose what was said by Cox or Ricks.

Ricks, who suffered a stroke in 2006, testified that he recalls Cox asking him during that call if the FBI had talked to him about the investigation. "I said, John, all I know is you presented bills to city hall and we paid you. That was the bottom line."

Leighton Councilman Jim Leatherwood testified for the prosecution that he was at Cox's garage in the spring of 2002 when he witnessed Ricks deliver a check to Cox. He said Cox left and returned about 10 minutes later and gave cash to Ricks while keeping some money for himself. "I could see the money changing hands," he said.

During cross-examination from Case, Leatherwood testified he did not know if the check was from the town of Leighton.

The trial before U.S. District Judge Virginia Emerson Hopkins resumes at 9 a.m. today with closing arguments. The jury is expected to begin deliberations this morning.

If convicted, Ricks could be sentenced to up to 20 years in prison, fined up to $250,000, or both.

Dennis Sherer can be reached at 740-5746 or dennis.sherer@timesdaily.com.