Reporter makes potential witness list in McPherson's gambling trial
Ex-FSU quarterback Adrian McPherson is charged with placing bets on football games.
By STEVE BOUSQUET
Published June 4, 2003
TALLAHASSEE - Former Florida State quarterback Adrian McPherson goes on trial today on a charge of betting on football games, including his own.
The case could destroy his dream of a pro career and further tarnish FSU's troubled football program.
McPherson's attorney told the trial judge Tuesday he may call a reporter to the stand to undermine the testimony of key state witness Otis Livingston, a childhood friend of McPherson's from Bradenton.
Attorney Grady Irvin Jr. said he would call Bradenton Herald reporter Roger Mooney to attack Livingston's credibility on whether he voluntarily provided a statement to police implicating McPherson in Internet gambling.
Mooney wrote a story April28 in which Livingston was quoted as saying police showed up "bamming on my door and tell me, "You need to talk to us.' They threw a tape recorder in my face."
If Livingston testifies that he voluntarily spoke to police, Irvin said he would have no choice but to call the reporter to the stand.
"The only way that I can impeach him (Livingston) on the statement that he made is through Roger Mooney. There's nowhere else for me to gather that information," Irvin told Leon County Judge Tim Harley.
An attorney for the newspaper, Katherine Lewis of Holland & Knight, objected. Lewis said Florida law provides a limited shield for reporters in circumstances such as Mooney's. She said calling a reporter to the stand must be a last resort, such as a case in which a reporter is the only person aware of a confession to a crime.
"The question of the definition of voluntary is not material to this case," Lewis said. "We believe that, regardless of what Mr. Livingston says on the stand, our reporter has a privilege that has not been overcome."
If Mooney is allowed to testify, he could be barred from covering the trial because of the judge's decision to keep witnesses from hearing each other's testimony.
Livingston, a student at Tallahassee Community College, told the newspaper he and two other friends would join McPherson on Sunday afternoons at a Tallahassee apartment where they placed football bets over the Internet.
McPherson, 20, a former Mr. Football and Mr. Basketball at Bradenton Southeast, faces a misdemeanor count of illegal gambling.
He was dropped from the FSU team Nov.25 after being charged with stealing a blank check and receiving stolen goods from the proceeds. He will be tried separately on those charges.
This trial, before a jury of three men and three women, is expected to go to jury by Friday. CourtTV plans to provide live coverage.
- Times researcher Cathy Wos contributed to this report.
