Richard Denton, co-owner of a Kay County landfill development company, and Drew Neville, defense counsel for Oklahoma City attorney Martin Stringer, argued Wednesday over who Denton said warned him of potentially troublesome legislation in 2005.

“You changed your story, didn’t you?” Neville asked Denton.

Citing Denton’s November 2008 interview with Federal Bureau of Investigation agents, Neville said a document detailing the discussion has Denton saying it was former Oklahoma Senate President Pro Tempore Mike Morgan who brought to his attention legislation that could have sunk the landfill deal.

Denton said that must be what he said if it is on the FBI document, adding that it happened years ago.

Neville said that in January of 2009 Denton told a federal grand jury it was an environmental attorney with the McKinney & Stringer law firm who told Denton he had a problem brewing in the legislature, not Morgan.

“That’s not what you told the FBI in November,” Neville said.

“Now, this is a play on words,” said Denton, saying Morgan may have told the other lawyer, who then forwarded the information to him.

Federal prosecutors contend that Morgan, a Stillwater attorney, took $141,000 in fees from Dilworth Development, Denton’s company, to block legislation that would have banned the company’s proposed landfill site in Kay County. The language in question would not have allowed new solid waste sites to be located within 20 miles of an existing facility, as Dilworth’s would have been.

Neville said that Denton also changed his story as to what Dilworth hired Morgan to do.

The attorney said Denton told the FBI the money was for Morgan to walk the landfill application through the Department of Environmental Quality.

“I must have thought it was true,” Denton told Neville.

Neville then brought up a copy of Denton’s grand jury testimony, in which he said, “I think he was referred to us as a man who could stop this legislation from going through.”

Denton said that both stated reasons were true, to which Neville replied that there is nothing in the FBI document that refers to stopping legislation.

Neville also said the company secretary’s notes taken of a June 28, 2005, initial meeting with Denton, Morgan, Stringer and Edmond lobbyist William Andrew “Andy” Skeith say nothing about Morgan’s duties including blocking legislation.

On Tuesday, Rep. Dale DeWitt, R-Braman, said he removed the 20-mile restriction from a measure requested by DEQ in order to secure the bill’s passage during the 2005 legislative session, which adjourned at the end of May.

Morgan, Stringer and Skeith are accused of a total of 62 counts of extortion, mail fraud and conspiracy for actions federal prosecutors said they took to gain positive treatment for Dilworth and the Tenaska power plant company. A single count of bribery accuses Morgan alone of using his Senate position to smooth things over for Silver Oak Senior Living Center, which faced possible regulation by the State Department of Health.

Morgan is accused of wrongfully taking $250,000 from Tenaska to shepherd along legislation that would aid the company in executing a joint venture with the Grand River Dam Authority for a coal-fired power plant. He was allegedly paid $12,000 by Silver Oak.

The power plant venture did not materialize. Denton said Wednesday that the landfill idea is at a standstill due to a funding disagreement with his partner.

Denton said it was Stringer who advised Dilworth executives they needed to have Morgan on their team.

Denton said Skeith, who prosecutors said Dilworth paid $3,000 per month, was hired to meet with lawmakers, watch the progress of relevant legislation, and meet with Kay County commissioners who opposed the landfill proposal.

“He worked for us real well, I thought,” Denton said.

However, later he expressed concern over the fact that Skeith also worked for other solid waste companies. He said Skeith must have known another group wanted to develop a landfill in the area, which Denton said also caused problems for Dilworth.

Assistant U.S. Attorney Vicki Behenna asked Denton whether Morgan provided any legal services.

“To my knowledge, he did not,” Denton said.

He also told Behenna that he did not change his testimony regarding Morgan.

The FBI account of Denton’s interview quotes him as saying Morgan told him, “I can help this deal go through a little bit better,” and that the only thing Morgan did for Dilworth was to get rid of the offending bill.

“It wasn’t something you just came up with when you went to the grand jury?” Behenna said.

“No,” Denton replied.

Morgan’s attorney, David Ogle, pointed out that the FBI document often states that “Denton acknowledged” something, which means he agreed with what the interviewer said.

“They didn’t put words in my mouth,” Denton replied.

He also told Ogle it was his understanding that Morgan blocked passage of the 20-mile measure.

 Denton said he did recall receiving a phone call from another lawyer about a problem with the bill.

“In the meantime, somehow it got stopped,” he said.

Also on Wednesday, former Kay County District Attorney Mark Gibson said he was not aware of any role that Morgan played in the litigation that resulted from opposition to the proposed landfill or in attempts to settle the issue.

“It was the most public-intensive issue that ever presented itself,” he said.

Gibson said that Kay County commissioners wanted to restrict the landfill, if they could not block it totally.

Dilworth eventually prevailed in the litigation.

Gibson also said he does not remember talking to DeWitt about Morgan becoming involved in the case.

Wednesday’s hearing ended with prosecutors laying the groundwork for testimony and evidence regarding files and documents recovered from three computers in Morgan’s Stillwater law office.

If convicted, each defendant faces a potential penalty of up to 20 years in federal prison and a $250,000 for each count of conspiracy, mail fraud and extortion. Conviction of bribery carries a maximum penalty of 10 years in prison and a $250,000 fine.