Feds question man's patriotism in oil deal with Iraq

Houston Chronicle:

he government said in court papers that it is entitled to portray a Texas businessman as so eager to win oil contracts from Saddam Hussein's government that he told Iraqi officials about the impending U.S. invasion of Iraq and encouraged opposition to the war.

The government argued that jurors should hear about statements that Oscar S. Wyatt Jr. made to win favor with those who handed out lucrative Iraqi oil contracts. The documents were filed in U.S. District Court in Manhattan late Thursday for Wyatt's Sept. 4 trial.

Wyatt, 83, of Houston, is accused of conspiring to pay millions of dollars in kickbacks to Saddam Hussein's regime to win contracts under the United Nations' oil-for-food program in Iraq. If convicted, Wyatt could face more than 60 years in prison.

Prosecutors said the evidence is even more relevant if Wyatt's lawyers are going to defend him by referencing acts of patriotism in his life.

Lawyers for Wyatt have said in court papers that the statements about their client should not be allowed in the trial because they are highly prejudicial and irrelevant and because they allege that Wyatt committed treason and helped an enemy of the United States.

The statements about him were contained in a diary kept by an employee of Iraq's State Oil Marketing Organization. The diary claims that Wyatt bragged at a Jan. 27, 2003, meeting that he had convinced a U.S. senator to speak out against an attack on Iraq. The diary said Wyatt also discussed the nature of a U.S. invasion of Iraq, including anticipated troop numbers, timing and direction of attack, prosecutors said.

Gerald Shargel, one of Wyatt's lawyers, said Friday that his client never told the Iraqis anything that was not publicly known leading up to the war.

"Oscar Wyatt has shown time and again that he's an American patriot," Shargel said. "He was a war hero, flying bombing missions in World War II. He loves this country. He doesn't love this administration."

The government said U.S. District Judge Denny Chin should allow the evidence to be shown to a jury.

"Evidence does not create unfair prejudice simply because it puts a defendant in an uncomfortable position of explaining unpopular conduct to the jury," prosecutors wrote. "Wyatt's attempt to demonstrate his loyalty to the Hussein regime is inextricably linked to his efforts to obtain oil."

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The defense maybe over reacting here. If they get some anti war pukes on the jury, they may think Wyatt's acts are patriotic. I do think his action speaks to his intent and the defense should be required to explain it. It appears to be part of the sales process in persuading Saddam to do the deal and should therefore be considered relevant. It is a link in the chain leading to the transactions at issue.

This is going to be a very interesting trial. It is too bad it is in New York and not Houston. Wyatt should have more anti war pukes in his jury pool up there. I think both sides would have a more knowledgeable jury in Houston. Wyatt would be no home town hero either.