The John Wiley Price bribery trial recessed Wednesday at noon with unplanned days off granted on Thursday and Friday to give defense lawyers time to review new records supplied by the government so late in the trial.
Defense lawyers were allowed to recall some government witnesses and ask new questions Wednesday with benefit of the new records they received late Tuesday.
The government could rest its case Monday when the trial resumes.
Prosecutors argued the new documents were work product and notes that investigators used in preparing information for the case that did not have to be shared.
Judge Barbara Lynn disagreed Tuesday and ordered prosecutors to provide the documents immediately to the defense.
"I'm just going to tell you you're going to have to do everything you can to get these as quickly as possible," she said.
After seeing some of the records the judge warned defense lawyers not to get too excited about information that had been withheld.
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"Something did not jump off the page and say, 'ah ha,'" Lynn said.
Defense lawyers argued that they would have questioned witnesses who already testified differently if they had the information from those documents earlier.
The trial began February 21st, nearly three years after Price was indicted and six years after FBI raids on his home and office.
The judge denied a defense motion for a new trial but ordered several witnesses to reappear for new defense questions as a remedy.
Price defense attorney Shirley Lobel said that would give those witnesses a chance to cure weaknesses in their prior testimony.
"Recalling the witness as a remedy would be the opposite of a remedy," Lobel said.
Criminal defense attorney Matthew Orwig, a former U.S. Attorney, said Lynn knows how to avoid trial errors that result in successful appeals.
"To the extent possible she will clean that up, but it does still pose problems on appeal," Orwig said.
The document controversy delayed the conclusion of the government case with dozens of defense witnesses still to come.
The jury Tuesday heard a from lead FBI agent Allen Wilson who was to have been the final government witness.
Wilson said the FBI spent a year secretly investigating Price before the probe became public in June 2011 with raids on Price's home and office, along with numerous other locations.
Wilson said a light-pole mounted camera was installed near Price's home to covertly watch cars and people there. He said agents saw Price driving two different Chevy Avalanche vehicles and a BMW they say were provided to him by political consultant Kathy Nealy.
The cars are a portion of around $1 million worth of bribes Price is accused of receiving from Nealy for supporting her clients in Dallas County business. Investigators gathered extensive records to support their financial allegations. Price is also accused of avoiding income taxes on the allegedly illegal benefits.
But the government evidence includes no wiretaps or video to clearly prove Price intended to take bribes.
"It's a solid case from the standpoint of the government, but not an overwhelming case," Orwig said.
Some of the 40 people listed as defense witnesses have testified already as government witnesses. Among those yet to be called are former Dallas Mayor Ron Kirk, the Rev. Zan Holmes and businessman Ross Perot Jr.
Prosecutors will argue none of those people have knowledge of the alleged bribery.
"The defense is going to say there is nothing to be known because nothing was happening," said criminal defense attorney Victor Vital.
Price has said he may testify in his own defense to explain why he is not guilty and the government got the evidence all wrong.
"The issue with testifying is when you get up there, you need to give the jury something to compare," Vital said. "If you show a flash of temper that's unwarranted or over the top that could sink your ship."
The decision could be up to the jury later this month in the trial that began Feb. 21. Price's longtime county aide, Daphne Fain, is on trial with him. Five more government witnesses are now expected before defense witnesses are called.
Defense lawyers have argued that money Price received was repayment of loans or other legitimate arrangements and prosecutors ignored evidence that shows the transactions are proper.
Judge Lynn was clearly unhappy about the government documents that were not shared earlier but said it did not appear to be malicious. She said however that future close calls would go to the defense after this situation.
Nealy is to receive a separate trial later.
