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Bribery case witness list includes elected officials past and present

Former utility regulator Gary Pierce rushes past reporters last year following his initial court appearance. (Capitol Media Services photo by Howard Fischer)
Former utility regulator Gary Pierce rushes past reporters last year following his initial court appearance. (Capitol Media Services photo by Howard Fischer)

The witness list for the bribery case against Gary and Sherry Pierce, Jim Norton and George Johnson reads like a roster of Arizona politics.

Former Arizona Corporation Commission officials, past and current legislators and candidates for elected office are among the 82 potential witnesses in the federal bribery case.

Former Commissioner Pierce, his wife Sherry, the lobbyist Norton and the owner of Johnson Utilities face charges of felony conspiracy, bribery, mail fraud and five counts of wire fraud. Each defendant pleaded not guilty to the charges in June. The trial is currently scheduled to begin on May 30, and a final pretrial conference is slated for May 14.

Among those listed as potential witnesses for the defense are former Secretary of State and Senate President Ken Bennett, who is now challenging Gov. Doug Ducey in the Republican primary for his office; Congressman Andy Biggs; Rep. Rusty Bowers, R-Mesa; former Congressman Matt Salmon; his former chief of staff Adam Deguire, who now works under him as Arizona State University’s associate vice president for economic development, advocacy and grassroots development; former Commissioner Doug Little; and former Commissioner Bob Stump.

Former Secretary of State and Senate President Ken Bennett said he was asked to be a character witness for Sherry Pierce. He said they’re not close, but he came to know her through her husband and their son, Justin Pierce, and through her involvement with a Mesa Republican women’s group.

“The gist of what I got from [her attorneys] was that they were hoping that I could help kind of reinforce the idea that Sherry’s been very active in political things and knows what she’s doing,” said Bennett, who is now challenging Gov. Doug Ducey in the Republican primary for his office.

Former Maricopa County sheriff candidate Dan Saban, who now runs a consulting firm that specializes in law enforcement and investigations issues, is also on the defendants’ witness list.

Saban declined to comment on why he’s on the witnesses list, but without elaborating further, said, “They’re one of my clients, and I can’t say anything.”

And Salmon, now ASU’s vice president for governmental affairs, declined to discuss the case. However, he did note that Sherry Pierce worked for him for four years while he served in Congress.

Sherry Pierce was placed on leave without pay from her position as deputy district director for Biggs’ office following her indictment.

Even Don Shooter, who was expelled from the House of Representatives in February, made the defendants’ list. He and others contacted by the Arizona Capitol Times other than Saban and Salmon did not return requests for comment.

Federal prosecutors will also call upon people familiar at the Corporation Commission, including former Commissioners Brenda Burns, Sandra Kennedy and Kris Mayes.

Thomas Broderick, the former director of utilities at the Commission, is expected to take the stand, too, after a long battle of motions between the parties.

Broderick was previously named as an expert witness for the government, and the defendants sought to strike his testimony, arguing it was “difficult to discern the precise nature of Mr. Broderick’s ‘expert’ analysis.”

He has not been the only witness criticized by the defendants.

Bob Burns explains why he was the lone vote against selecting Tom Forese as new chairman of the Arizona Corporation Commission (Capitol Media Services photo by Howard Fischer)
Bob Burns explains why he was the lone vote against selecting Tom Forese as new chairman of the Arizona Corporation Commission (Capitol Media Services photo by Howard Fischer)

Commissioner Bob Burns and his wife Gayle Burns are also on the witness list.

Their names did not come as a surprise, though, as defendants have also sought to preclude Gayle Burns’ testimony and attacked her husband’s credibility in several motions.

In March, Sherry Pierce’s attorney Ashley Adams filed a motion arguing Gayle Burns would be relying only on information she learned from Norton’s ex-wife, Kelly Norton, the previously unidentified, unindicted co-conspirator; she has since been named in several filings from the defense and is included on the witness list for prosecutors.

According to Adams’ motion, Kelly Norton revealed to Gayle Burns the early stages of the bribery scheme alleged in the indictment, which Norton said was set up because the Pierces needed the money.

The indictment alleged the defendants conspired for Johnson to pay the Pierces through the Nortons in exchange for Pierce’s favorable votes at the Corporation Commission. Pierce and his wife allegedly received $31,500 from Johnson.

In her motion to prevent Gayle Burns’ account from making it to court, Adams argued her testimony would only be offered to bolster Kelly Norton’s credibility, and it should be excluded because it is “substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”

“Kelli [sic] Norton herself can testify about the allegations in the indictment,” Adams wrote.

Prosecutors have pushed back on Adams’ position, arguing that the defense is jumping to conclusions about the extent of Gayle Burns’ knowledge.

As for Bob Burns, the defense has questioned his character instead, referring to him as a “rogue commissioner” who’s determined to “burn down the house” at the Commission.

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