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According to sources familiar with possible defense strategies, attorneys will argue that Grigsby refused to go along with this arrangement and privately complained to Dade Mayor Steve Clark, who helped set up a meeting between Grigsby and an FBI agent. Grigsby agreed to cooperate in an investigation of Gersten and Gary, but the case went nowhere.
"As previously disclosed to counsel for Calvin Grigsby, the FBI and the United States Attorney's Office ... opened an investigation in the early 1990s into whether there was a corrupt relationship between Dade County Commissioner Joseph Gersten and Howard Gary resulting in his being awarded bond business by Dade County," the memo states. "The investigation in which Grigsby participated by providing background information and making recorded telephone conversations was closed without finding sufficient evidence of criminal misconduct.
"Howard Gary has been questioned extensively on this matter, and he denies ever giving Gersten anything of value in exchange for county business or in connection with the performance by his firm involving Dade County. However, after Gersten's resignation, Gary on his own gave him approximately $7000 to $8000 in cash."
Grigsby's attorneys are expected to claim that this experience affected the way he dealt with Gary in future transactions. Believing Gary was beyond the reach of the law, Grigsby may contend, he felt powerless when Gary demanded to be part of a multimillion-dollar deal to refinance bonds at the county's recycling plant. Grigsby reluctantly went along with Gary's demands, the defense team may argue. When Gary was caught by FBI agents in the City of Miami kickback case, defense attorneys could argue, he cut a sweetheart deal with prosecutors and set up Grigsby, Burke, and Hardemon.
Defense attorneys are also expected to attack Gary's mental state. The Justice Department memo notes that "Howard Gary has been under a medical doctor's treatment and supervision since 1990 for depression. As treatment for his depression, Gary has been prescribed Prozac and Zoloft at different times since 1990.