Columbus attorney Mark Casto told jurors in the Mark Shelnutt federal corruption trial Wednesday that he signed a letter to the Muscogee County District Attorney calling for an investigation into the Metro Narcotics Task Force because he believed Shelnutt was in line to become a Superior Court judge.
Casto's testimony came as the third day of the trial in U.S. District Court wrapped up.
The trial in the federal court building in downtown Columbus resumes at 8 a.m. Thursday. The prosecution told Judge Clay Land it could conclude its case by the end of the week.
Shelnutt asked Casto to sign the letter looking into the search warrants obtained by Metro, a multi-jurisdiction investigative unit in the Chattahoochee Valley.
"In the legal community, he was considered the next shoo-in judge," Casto said. "I did not want to step on the toes of the person who would be the next Superior Court judge."
He then put it more bluntly.
"I didn't want to cross a judge and have him ruin my practice for the next 20 years," Casto said.
Casto was on the stand because he represented a drug defendant, Shawn Bunkley, who was referred to him by Shelnutt.
Shelnutt faces a 40-count indictment in U.S. District Court. The charges include aiding and abetting a conspiracy to distribute cocaine, money laundering, witness tampering and attempted bribery. His May 21 indictment alleges a connection between Hill, who pleaded guilty to drug charges in 2006 and was sentenced to 24 1/2 years in prison.
Casto received $9,000 for his representation of Bunkley. The first payment came from Shelnutt and the remainder from Bunkley, Casto testified.
"Mr. Shelnutt paid me $5,000 in cash," Casto testified.
He was asked by lead prosecutor Carlton Bourne where the money came from.
"The left side of his desk," Casto said.
In February 2008 Casto, a former Muscogee County assistant district attorney, found himself being questioned by agents about his possible involvement in the case.
At the time, Casto was representing Bunkley as Bunkley was cooperating with federal authorities.
"Suddenly, you are on the hot seat?" defense attorney Craig Gillen asked Casto. "...You became a witness at that point?"
Casto testified he reluctantly recorded two phone conversations with Shelnutt for the authorities.
Shelnutt was trying to get information from Casto about the case and was repeatedly trying to contact Casto, according to testimony.
On the audio tape, Casto told Shelnutt he could not tell him what happened.
Casto has not been charged with any wrongdoing.
The prosecution put two witnesses on the stand early Tuesday morning. They testified that Mark Shelnutt was taking drug money from drug dealers and trying to control the defendants in a Harris County drug case.
Five prosecution witnesses testified before the trial broke for lunch. One of those witnesses was Latea Davis, the girlfriend of convicted drug dealer Torrance Hill, whom Shelnutt is accused of associating with.
Davis, a former elementary school teacher in Atlanta who is now a bartender in her native Los Angeles, was facing drug charges in Harris County when she was represented by Shelnutt, who was also Hill's lawyer. She said she never hired Shelnutt.
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