By Jim Leusner
The Orlando Sentinel

Famed lawyer F. Lee Bailey tried to convince a federal magistrate Tuesday that government lawyers prosecuting infomercial William J. McCorkle had behaved improperly.

After 2½ hour hearing in Orlando, U.S. Magistrate James Glazebrook ruled that Assistant U.S. Attorney Paul Byron and the team of federal agents working on the multimillion-dollar fraud case had not engaged in misconduct or intimidated a witness.

Bailey prompted the hearing such a motion in May seeking actions against the prosecutor and removal of the trial judge? Bailey alleged that Byron had threatened witnesses and told one that Judge Patricia Fawsett "hated" him.

Fawsett said last month that she held no animosity toward any of the parties, but ordered Glazebrook to hold a hearing on the government misconduct charges. Glazebrook will forward his recommendation to Fawsett, who will take the final ruling.

McCorkle, his wife, Chantal and two others are accused of swindling customers nationwide out of $28 million by selling information packages on how to buy and sell foreclosed real estate. All have pleased not guilty to the 90-count fraud and money laundering indictment handed down in March.

Tuesday’s hearing centred on Craig Fondo, a telephone sales representative who worked for McCorkle form March 1996 to March 1988. Since the indictment, he testified, he was pressured to cooperate during two meetings with Byron and Internal Revenue Service and U.S. Postal Inspection Service agents, even though he said he was unaware of any fraud.

Questioned by Bailey, Fondo said Byron told him in April that he had an "ironclad" case against the McCorkles and that Fondo would serve 15 years in prison. Fondo said he was urged to "come clean and get a free pass" from prosecution if he co-operated.

"I got the distinct impression what they wanted me to say the business was illegal," Fondo said. He said Byron raised his voice and cursed during their first meeting, also saying that Fawsett hated Bailey.

While questioning Fondo, Byron produced a vastly different account of polite and calm discussions on the investigative process, Fondo’s rights and how he could leave at any time without fear of arrest. He also got Fondo to admit he was concerned about the accuracy of some scripts McCorkle telemarketers used t sell products.

Glazebrooke ruled that Byron did nothing improper and simply was trying to obtain Fondo’s testimony for the government against the Lake Mary couple.

In a related matter Tuesday, Bailey and defence lawyer Mark Horwitz filed a motion asking that the McCorkle indictment be thrown out because of how grand jurors and trial jurors are selected in federal court.