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PRINT THIS PAGE | E-MAIL THIS PAGE Saturday, November 21, 1998 Former watchman gets minimum sentence for lying to grand jury By MARK BABINECK Associated Press Writer HOUSTON (AP) -- The night watchman on duty the night Alydar received a leg injury that led to the famed thoroughbred's death will go to prison for five months, the minimum for lying to a grand jury investigating the case. Alton Stone, who was convicted four months ago, also will spend five months under house arrest and two years on probation. Prosecutors asked U.S. District Judge David Hittner to throw the book at Stone, but Hittner said the crime didn't warrant harsh punishment. The maximum penalty for two counts of perjury was 10 years in prison and $500,000 in fines. Hittner appeared to comply with defense attorney Chris Goldsmith's request for a light prison sentence split between prison and house arrest, during which time Stone can work to support his family. "The community will be no safer if Alton Stone is incarcerated," Goldsmith said before Hittner's ruling. The judge turned down Goldsmith's plea for no prison time, but the defendant and his attorney appeared satisfied with the sentence. In contrast to his July 2 conviction, in which he appeared shocked and teary-eyed, Stone managed a brief grin after Hittner read the sentence. Hittner also allowed Stone to remain free until he reports to prison, which the judge will recommend be located in or near Kentucky. Stone was on duty at the financially struggling Calumet Farm in Lexington, Ky., the night of Nov. 13, 1990, when the 1978 Triple Crown runner-up was discovered with his right rear leg broken. An investigation ensued because the animal was the most heavily insured thoroughbred in history. The Stone prosecution was part of a continuing probe by the U.S. Attorney's office into now-defunct Houston-based First City Bancorporation, which failed in 1988 and again in 1992. First City was the primary creditor of Calumet Farm, owner of Alydar. The bank had warned the farm that a $15 million loan payment was due by February 1991 or foreclosure could begin. When Alydar was destroyed two days after the injury, First City received $20 million of a $36.5 million payout. A Houston jury decided that Stone had lied to a grand jury in 1997 about why he replaced the regular watchman and how he discovered the horse's mortal injury. Stone gave several versions to the grand jury. At first, he said he checked on the stallion after a trip to a snack bar. In another version, Stone said he talked to other workers before checking on Alydar. He also said he was asked in person by regular night watchman Cowboy Kipp to work the shift. In another version, he said Kipp called him to ask him to work for him.   Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story Send the URL (Address) of This Story to A Friend: Enter their email address below: texnews.com Reporter OnLine Local Sports Texas Sports Copyright ©1998, Abilene Reporter-News / Texnews / E.W. Scripps Publications Send the URL (Address) of This Story to A Friend: Enter their email address below:

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