Senator accused of mail fraud Turner's 2000 primary win under fire By Elisabeth J. Beardsley, The Courier-Journal, May 3, 2005 FRANKFORT, Ky. -- A leading state Senate Democrat faces a federal indictment alleging campaign finance irregularities in a hotly contested 2000 Democratic primary for an Eastern Kentucky seat, his lawyer said yesterday. Sen. Johnny Ray Turner is expected to be charged with "mail fraud/conspiracy to commit voter fraud," his lawyer, Brent L. Caldwell of Lexington, said in a statement. Caldwell said the U.S. attorney's office for the Eastern District of Kentucky notified him of the pending indictment. Turner, a Drift resident and Senate Democratic caucus chairman, will not resign his Senate seat, Caldwell said. "Sen. Turner, like all American citizens, is presumed innocent under our constitution, and he intends to vigorously defend himself against any charge brought against him in court before a jury of Kentucky citizens," Caldwell's statement said. Caldwell did not return calls seeking comment. Senate Democratic spokeswoman Susan Straub, who serves as Turner's press secretary, confirmed the statement's authenticity. Turner did not return messages left at his home or office. The FBI and U.S. Attorney Gregory Van Tatenhove's office have been investigating financial transactions during Turner's 2000 Senate campaign "for many months," Caldwell's statement said. Federal officials have also examined "other candidates' campaigns," Caldwell said. Van Tatenhove spokeswoman Cindy Long declined to comment yesterday, and so did FBI spokesman David Beyer. No further details about Turner's alleged offenses were available, including whether the indictment is for a felony or a misdemeanor charge. The 2000 race Caldwell said the pending indictment relates to campaign finance reports Turner filed for the 2000 Senate race, in which he upset incumbent Sen. Benny Ray Bailey, also a Democrat. Turner, a retired high school basketball coach, received 10,565 votes, or 53.7 percent of the ballots, according to the secretary of state's office. Bailey received 9,098 votes, or 46.3 percent. Bailey, a colorful figure who spent more than 20 years in the Legislature, did not return several calls seeking comment. Campaign finance reports show Turner outspent Bailey by $83,025 -- unusual for a challenger facing a longtime incumbent. About two-thirds of Turner's contributions arrived in the final several weeks of the race, when the money would not have to be reported until after the election. Turner began a media blitz during that time, which painted Bailey as having done little for his district. Reaction to allegations The head of the campaign finance watchdog group Common Cause of Kentucky called the pending indictment "a great loss to the public." "They need to really have a high regard for the process and also for the legislators," said Common Cause Chairman Richard Beliles. "I'm not grieving for him, but for the damage to the system." Senate President David Williams, R-Burkesville, said in a statement he has "the greatest affection for Sen. Turner and his family, and my heart goes out to them at this difficult time." "Sen. Turner will have the opportunity to make his defense as this matter works its way through the legal process," he said. Democratic State Party Chairman Jerry Lundergan did not return calls seeking comment. Senate Minority Leader Ed Worley said the Democratic caucus supports Turner and does not believe he should resign. Worley said Turner told him he believes he will be exonerated. Worley, D-Richmond, said he's not worried that political fallout from the pending indictment will cause Democrats to lose that Senate seat, which spans Breathitt, Floyd, Knott and Letcher counties. "That is a Democratic seat in a district that even the Republicans would concede it would be virtually impossible for them ever to hold," Worley said. Floyd County Republican Party Chairman Tommy L. Dingus, who represents the county where Turner lives, said any piece of bad news about Democrats helps the GOP's chances. Still, Dingus said he hopes the allegations against Turner are not true. "It would be a sad thing if he is guilty and would be a blow here to this part of the state," Dingus said. "It would be just another black eye given to us here, which I don't think that we need." Lawmakers' rules If convicted, it's not clear whether Turner would be allowed to retain his Senate seat. Laura Hendrix, general counsel for the Legislative Research Commission, refused to explain the rules governing members' conduct. Williams' office also refused to provide an explanation. The state constitution prescribes several possible consequences. Section 150 says: "All persons shall be excluded from office who have been, or shall hereafter be, convicted of a felony, or of such high misdemeanor as may be prescribed by law, but such disability may be removed by pardon of the Governor." But Section 38 says lawmakers have the final say over who is a member, and Section 39 says, in part, "Each House of the General Assembly may determine the rules of its proceedings, punish a member for disorderly behavior, and, with the concurrence of two-thirds, expel a member."