Judge denies new trial for former Tennessee House Speaker Casada, ex-aide Cothren

A federal judge denied a new trial Wednesday for former House Speaker Glen Casada, pictured leaving the federal courthouse in Nashville with his wife after his conviction in May, and his ex-chief of staff Cade Cothren with their sentencing set for Friday. (Photo: John Partipilo/Tennessee Lookout)

A federal judge denied a new trial Wednesday for former Tennessee House Speaker Glen Casada and his ex-chief of staff Cade Cothren and reset their sentencing on fraud and kickback convictions for Sept 16.

U.S. District Court Judge Eli Richardson found that the inadvertent playing of an unredacted interview with Casada by FBI agents wasn’t enough to merit a new trial. Defense attorneys for Casada and Cothren claimed that the recording, which was mistakenly played in court, incriminated Cothren and prejudiced the jury in the four-week trial.

In a phone hearing Wednesday, Richardson determined that prosecutors made a mistake but that the defense’s request failed to meet a series of five factors for holding a new trial.

In FBI agents’ recording of their interview with Casada, the former House speaker said Cothren’s participation in Phoenix Solutions couldn’t be known because payments to the vendor wouldn’t have been approved. Cothren had left his legislative job amid a racist and sexist texting scandal.

Federal prosecutors brought up the fact that they played the wrong recording a day later, Richardson said, and defense attorneys didn’t catch the error when it happened. The judge also pointed out the prosecution presented overwhelming evidence that Cothren’s identity had to be kept secret for the plan to work.

Casada and Cothren were accused of setting up a secret company called Phoenix Solutions that tapped into the state’s postage and printing program that provides House members $3,000 a year for constituent mailers. Casada and former Rep. Robin Smith, who pleaded guilty and testified against the pair, steered lawmakers’ business to Phoenix Solutions, which was secretly run by Cothren with the front name of “Matthew Phoenix.”

Richardson threw out three convictions Tuesday against Casada and Cothren, saying prosecutors failed to prove they operated as agents of the government. Casada still faces 14 counts and Cothren 16 counts in the case.

Responding to defense attorneys’ requests for more time to prepare for sentencing in light of the three charges being thrown out, Richardson moved the sentencing hearing to Tuesday. It was initially set for Friday.

The judge did not make a decision on whether to hear from an alternate juror who wrote a letter saying she would have voted to acquit the pair.