Stacey Barchenger,Dave Boucher|The Tennessean
Former Nashville Judge Casey Moreland faces five felony counts related to trying to bribe and frame a woman who says he offered her judicial favors in exchange for sex, according to a federal indictment levied Wednesday.
The indictment follows Moreland's arrestin late March on three federal charges alleging obstruction of justice. If convicted on all five counts, Moreland could face a maximum of 80 years in prison and a fine of $1.25 million, according to the U.S. Attorney for Middle Tennessee.
In response to the indictment, Moreland's attorney Peter Strianse said the former judge plans to plead not guilty.
"The indictment returned today against Judge Moreland is simply an accusation and is not evidence of anything," Strianse said.
"He will plead not guilty and, like all citizens, is presumed innocent."
Months before the March arrest, media reports chronicled misconduct in the judge's courtroom, including how Moreland, 59, intervened in a traffic stop on behalf of a woman who was purportedly a paramourand waived jail time for his future son-in-law.
Butthe charges revealed that Moreland may have tried to cover up allegations against him after the reporting began.
"Public corruption of this nature threatens the public's confidence in our judicial system and the administration of justice," Assistant Special Agent in Charge Matthew Espenshadeof the FBI in Nashville said at the time of Moreland's arrest. "This is why public corruption is the FBI's top criminal investigative priority."
Moreland was initially charged with offering a confidential source, who at the time was working for theFBI, more than $6,000 to make a former lover recant allegations she made against the judge.
“This right here gets me out of trouble,” Moreland said, according to the FBI documents.
The indictment focuses only on the conduct included in the original criminal complaint. As noted in the indictment, the FBI originally started investigating Moreland in January to see whether he used his job as a judge to give favors to two women, Natalie Amos and Leigh Terry,with whom he purportedly had sexual relationships. The fact the indictment focuses only on alleged criminal conduct found after the start of the FBI investigation means more federal charges could be on the way.
The five counts included in the indictment are:
Tampering with a witness by corrupt persuasion: This charge is related to Moreland's alleged attempts to get Amosto recant her statements against him. Amos told WSMV-TV she had sex with Moreland, and he helped clear some of her legal fees and other problems.
Obstruction of an official proceeding: Moreland is accused of trying to hamstring a federal grand jury by attempting to coax Amos into changingher story.
Obstruction of a criminal investigation by bribery: Moreland is accused of offering to pay Amos $6,000 for her to sign an affidavit that said she had given false statements in media reports.
Retaliation against a witness, victim, or informant: In addition to considering a bribe, Moreland is accused of discussing a plan to plant drugs in Amos' car and having her pulled over by law enforcement.
Destroying, altering or falsifying records or documents: Federal prosecutors argue Moreland's attempt to get Amos to sign the affidavit amounts to him orchestrating the creation of afalse document in the attempt to influence a federal investigation.
It was this last charge that particularly peeved Strianse, Moreland's attorney.
"The speaking allegations contained in the indictment refer to an affidavit that was never used or made public," Strianse said in the statement.
"Remarkably, at the preliminary hearing conducted last month in federal court, the FBI agent testified that the investigation revealed that the affidavit was to be leaked to the media, not used in connection with any official court proceeding.If that is the case, there is a significant issue as to whether such an affidavit could ever trigger a violation of federal law.”
A criminal charge is different than an indictment. Federal prosecutors can't take a suspect to trial without an indictment, but they can seek a criminal charge and have that person arrested if they think the person is meddling with their investigation.
'The Beast' and Moreland
Moreland relied on the help of a man to try and bribe Amos and orchestrate her phony traffic stop. Until Wednesday, the identity of the man had yet to be confirmed by federal prosecutors, who used him as a confidential informant against Moreland.
But they officially revealed the name of the security guard and part-time semi-pro wrestler who helped obtain evidence that could prove damning to the former judge.
At roughly 9:15 a.m.James Pedigo — adorned in a black and white pinstripe suit — entered a federal courtroom and pleaded guilty to onefelony charge of conspiracy to obstruct an official proceeding. The charging document says Pedigo worked with “C.M.” to “attempt to corruptly obstruct, influence, and impede a federal grand jury.”
The indictment says Pedigo met Moreland more than 20 years ago and was a neighbor of Moreland's sister, but Pedigo and Moreland reconnected recently when Pedigo wanted help getting a job as a security guard in General Sessions court. When he’s not working security, Pedigo wrestles under the name “The Beast,” according toYouTube videos.
In the original criminal complaint against Moreland, Pedigo is referred to as “CS-1.” He originally denied conspiring with Moreland when approached by the FBI, but eventually admitted his involvement in trying to get a former lover of Moreland’s to recant her statement.
Pedigo worked with the FBI in the attempts to giveAmos $6,000 to recant some of her damaging public statements made about Moreland. He also told Moreland a friend in law enforcement may be able to plant drugs in Amos’ car and orchestrate a traffic stop.
Pedigo was released with conditions, a signal that he was given a deal on his own crime in exchange for his help in Moreland’s case. The Moreland criminal complaint said Pedigo was cooperating “in the hopes of receiving leniency.”
More charges to come?
The FBI investigatedwhether Moreland "and others" violated federal anti-corruption laws, including honest services fraud and the Hobbs Act covering extortion under color of official right, according to the criminal complaint.
In the context of a public official, honest services fraud typically refers to bribery or a kickback. The government can prove a Hobbs Act violation if it shows a public official received an inappropriate payment from a private person in exchange for an official act, or a quid pro quo relationship.
Moreland was released three days after his arrest to home confinement after tendering his resignation to Mayor Megan Barry. The Nashville Democrat had served as a judge since 1998, winning re-election most recently in 2014. He was one of 11 General Sessions judges, who each earns $170,000. Moreland heardexclusively criminal cases, while other judges also hear civil lawsuits, too.
With Moreland's resignation, he's in line to earn a $4,500 monthly pension. But any conviction that's related to official misconduct would nix future payments.
Read more:
►Nashville judge Casey Moreland's pension? $4,500 a month
►Timeline: Investigation of Judge Casey Moreland
►8 seek appointment to Moreland's seat on bench
►Analysis: Will Moreland's arrest impact his own rulings?
Reach Stacey Barchenger at sbarchenger@tennessean.com or 615-726-8968 andon Twitter @sbarchenger. Reach Dave Boucher at dboucher@tennessean.com or 615-259-8892 and on Twitter @Dave_Boucher1.
