Judge refuses delay for Johnson in Edwards trial

Natalie Gott

Thursday, April 6, 2000 | 4:54 a.m.

BATON ROUGE, La. - A federal judge Thursday refused to delay the portion of Edwin Edwards' gambling corruption trial involving Bobby Johnson.

But U.S. District Judge Frank Polozola said he'll consider the matter again when defense lawyers can prove that Johnson understands and welcomes the implications of a mistrial.

Polozola made the ruling after defense lawyer Patrick Fanning acknowledged that Johnson's opinion on the matter has wavered since he had quadruple bypass surgery last week.

"You cannot grant a mistrial when a defendent doesn't consent," Polozola said.

Johnson has been recovering from surgery at home, unable to attend trial.

Johnson, Edwards, Edwards' son Stephen, state Sen. Greg Tarver, and three others are accused of a series of schemes to manipulate how riverboat casino licenses were awarded.

Johnson is charged with lying to the FBI and extorting officials at the Belle of Baton Rouge.

Prosecutors do not want Johnson's trial delayed because they believe allegations against him show the pattern of illegal activity they are trying to prove against all of the defendants. They even asked the judge to rule that Johnson voluntarily waived his right to be in court because he knew he needed the operation six months ago but put it off until trial had started.

The judge did not rule on that motion Thursday.

Johnson's wife, Kim, testified that her husband was scared of the operation and wanted to try a less intrusive method of heart treatment before proceeding to a major operation.

If a delay were granted, Johnson would have to be tried separately, likely after the trial against other defendants had ended.