JUDGE LAND RAISES ISSUE WITH GOVERNMENT'S CASE AGAINST SHELNUTT

U.S. District Court Judge Clay Land on Monday aggressively challenged
the adequacy of certain evidence presented by the prosecution in the
government's drug and money laundering case against Columbus attorney
Mark Shelnutt.

During a 90-minute conference with the attorneys on drafting a plan
for guiding the jury -- called a jury charge -- on how to decide the
remaining 36 counts of a 40-count indictment, Land pointedly
questioned the government's case.

"Just because an attorney received cash attorney fees and just because
they come from drug money, it is not a crime whatsoever," Land said.
"The jury needs to know that."

The judge continued.

"Is hiding an attorney fee a federal crime?" Land asked
incredulously.

Bourne responded, "I believe it is, your honor."

The judge hypothesized that a prestigious local firm might have
clients willing to pay good money for representation on matters that
could sully its reputation. In such a case, the firm might choose to
receive its fee in a nontraditional or even hidden manner. This is no
crime, the judge said.

"So, a lawyer goes to get a fee, at say a Publix, would that be a
crime?" Land asked.

Bourne shot back: "$125,000 in a cardboard box is not a legitimate
fee."

Land was quick to respond.

"If it is a $100,000 fee and he takes it, it is," Land said, "... What
evidence is there he took anything other than a legitimate fee -- other
than you want the jury to know he took $200,000 and that was a lot of
money?"

Convicted drug dealer Torrance "Bookie" Hill, with whom Shelnutt is
alleged to have had a connection according to the indictment,
testified he paid Shelnutt more than $250,000 in attorney's fees.

In a taped meeting, Shelnutt told an FBI agent that the going rate for
a federal criminal case like Hill's was about $25,000.

Bourne also argued that drug defendants Shawn Bunkley and Hill's
girlfriend Latea Davis testified they gave cash payments to Shelnutt.
Bunkley said he paid Shelnutt $125,000 in a box at a Publix parking
lot. Davis said she took $14,000 in cash to Shelnutt's office.

Bourne said the government's money laundering case against Shelnutt
was "circumstantial."

He pointed out Shelnutt was active in his law firm -- Berry, Shelnutt,
Hoffman & Day -- but was not running fees collected from drug clients
through the firm.

"Let's not convict this man on suspicion," Land said. "That is my
primary concern about this case."

The government recommended that four counts of the original indictment
- -- witness tampering, two counts of failure to file federal reporting
forms for a transaction of more than $10,000, and making false
statements to the FBI -- be dismissed, and Land agreed.

"You didn't step away from them out of the goodness of your heart," he
told the prosecutors. "You stepped away from them because you didn't
have evidence."

Land expressed his concerns Friday when the government rested its case
after four days of testimony. He drove the point home Monday after
Shelnutt's defense team put up less than five hours of testimony.

"I am troubled by a lot of this," Land said, "as I have already
indicated."

Shelnutt spoke with reporters after the hearing. He was asked about
Land's questioning of the government's case.

"I don't want to attach too much significance to that," Shelnutt said.