Defense’s turn in Edwards trial

Natalie Gott

Monday, April 3, 2000 | 10:08 a.m.

BATON ROUGE, La. - Defense attorneys in former Gov. Edwin Edwards' federal racketeering trial finally took over the case as court entered its 13th week today.

Defense attorneys had not said who they plan to call as their first witness and it was unclear which of the seven defendants would even put on a case.

Their presentations were delayed briefly because of a conference behind closed doors with U.S. District Judge Frank Polozola.

Edwards, his son, Stephen, state Sen. Greg Tarver, and four others are accused in a series of schemes to manipulate the way the state awards riverboat casino licenses.

The first order of business could be deciding whether defendant Bobby Johnson will remain in the trial. Johnson is recovering after undergoing heart bypass surgery last week.

Johnson's attorney, Pat Fanning, is expected to either ask Polozola to declare a mistrial in Johnson's aspect of the case or ask that Johnson be severed.

"There is no reason you would want to stay in the case if you have a chance avoiding another trial," said former U.S. Attorney Harry Rosenberg.

If the defendants are acquitted, it's likely the prosecutors will not retry Johnson and if the defendants are convicted, prosecutors are likely to negotiate a better plea, Rosenberg said.

Polozola refused to delay the trial when Fanning told the court that Johnson was to undergo surgery, but Polozola said he would reconsider any motion before the defense began its case.

Prosecutor Todd Greenberg said the government opposes any sort of delay in the trial because of Johnson's health condition. In arguing a motion against a delay, Greenberg noted a September 1999 letter in which Fanning advised the court that Johnson had six blocked arteries that were not treatable any other way than through surgery.

Johnson's surgery was last Tuesday. He is not expected back in the courtroom before the trial ends.