NASHVILLE -- A federal judge has agreed to delay ex-state Rep. Robin Smith's criminal sentencing for her participation in a fraud scheme involving taxpayer-funded mailers for state lawmakers until the end of January 2024 "at the very earliest," according to a court order issued Wednesday.
U.S. District Court Judge Eli Richardson granted the request by Smith's lawyers, who noted in their request that the Hixson Republican -- who has already pleaded guilty and resigned from her seat -- is to testify first as a cooperating witness in the federal government's case against "multiple others."
As part of a March plea deal in which Smith admitted she was guilty of a charge of honest services fraud involving an alleged bribery and kickback conspiracy, Smith agreed to testify in the trial of former Tennessee House Speaker Glen Casada, a Franklin Republican, and his onetime chief of staff, Cade Cothren. Both were allegedly part of the scheme to enrich themselves at public expense, according to indictments and Smith's own admission.
Casada and Cothren have entered not guilty pleas. Attorneys for Casada and Cothren had sought a six-month delay for the trial. Richardson, however, extended the date for a year, with the trial now set for Oct. 3, 2023.
"As such, the defendant and the government suggest that the sentencing hearing in this case be projected to the end of January of 2024, at the very earliest, given the projected length of the Casada case with multiple defendants," Smith's attorneys wrote in their filing Tuesday. "Counsel for the government has advised that it does not object to the filing of this motion or the relief sought herein."
Smith is a former Tennessee Republican Party chairwoman who worked as a political consultant and campaign mail vendor.
Along with Casada and Cothren, she is accused of concocting and participating in a scheme to establish a company, New Mexico-based Phoenix Solutions LLC. The company, allegedly run by Cothren with proceeds split among them, sought reimbursements from the Tennessee General Assembly's taxpayer-supported constituent mail program.
They received some $52,000 in public funds, according to indictments. In addition, Smith used Phoenix extensively for her own political action committee and lobbied to get Phoenix approved as one of the House Republican Caucus' approved vendors in 2020 elections. Their emails, cited in indictments, reveal their participation.
Smith had actively advocated for the GOP Caucus to use Phoenix as one of its vendors. Some members, among them GOP Caucus Chairman Jeremy Faison of Cosby, were suspicious, but it was approved. Smith later ran against Faison for the caucus post but lost.
Smith is represented by David Bridgers and Wells Trompeter at Waller Law in Nashville and Ben Rose, a Brentwood attorney.
Casada briefly served as House speaker in 2019 but was forced to resign the post after racist and sexist texts between Casada and Cothren were leaked by a third party. Casada remained in the legislature, and Cothren left state employment.
The government alleges that Casada, Cothren and Smith invented a fictional vendor, Matthew Phoenix -- whose identity Cothren assumed -- and conspired to hide Cothren's involvement as he was tainted by the scandal.
Contact Andy Sher at asher@timesfreepress.com. Follow him on Twitter @AndySher1.