Judge questions jury foreman in Edwards case

Melinda Deslatte

Thursday, Dec. 7, 2000 | 4:56 a.m.

BATON ROUGE, La. - A federal judge called the jury foreman from Edwin Edwards' gambling corruption case into his chambers Thursday so they could be questioned by prosecution and defense lawyers in private.

U.S. District Judge Frank Polozola mentioned earlier that his marshals had looked into allegations against the foreman, but it was not clear what they were.

The meeting followed testimony Thursday morning by doctors for co-defendant Bobby Johnson, who missed part of the trial because of heart surgery.

On Wednesday Polozola threw out three fraud convictions - two against Edwards and his son Stephen and a third against Johnson - because of a U.S. Supreme Court ruling last month in another case.

On Thursday Polozola heard additional motions for a new trial or acquittal for the defendants, including the motion asking for a new trial for Johnson because of his heart condition.

Defense attorneys argued that Johnson couldn't defend himself because he wasn't in court each day to hear and see the testimony against him and the other accused men.

Prosecutors claimed Johnson knew of his heart condition before the trial and chose to wait and have the operation during the trial. They said he was present during the government's case against him and knew the evidence to properly defend himself.

Cardiologist Norman Deumite, who examined Johnson in March when he was complaining of chest pains and shortness of breath, said Johnson had severe blockage in all three arteries and needed surgery.

The blockages were of the same severity in March as September of 1999, when Johnson was first informed of his condition but opted for treatment that would not require surgery.

However, Deumite said if he had seen the test results in September 1999 he would have recommended surgery then.

Another of Johnson's doctors, Stephanie Cave, testified that Johnson told her he believed that he would be forced to participate in the trial even if he was still recovering from surgery at the time.

"Apparently he was told no matter what point he was at in recovery he would have to be in court," she said.

That drew consternation from Polozola, who said he never told Johnson anything that should have given him the impression that he would have to be in court regardless of his health.

Meanwhile, Cave acknowledged under cross examination that her husband, Donald, was named as an unindicted co-conspirator in this case.

Polozola said Wednesday that he was leaning toward giving Johnson a new trial, partially because prosecutors already could retry Johnson on the fraud count.

"If I didn't think it was a close issue, I wouldn't be revisiting it," Polozola said.

Prosecutor Todd Greenberg expressed frustration Wednesday with constantly shifting tactics by defense lawyers.

"They're obviously up to something, and we need to deal with it," said Greenberg. "I think they raise a new claim every day."

Prosecutors had agreed that a recent U.S. Supreme Court ruling nullified the three fraud counts that were thrown out Wednesday, but they didn't say if they would retry them.

Polozola made the ruling without comment before hearing additional arguments on whether evidence used to support the voided convictions improperly influenced jurors on other matters in the case.

Edwards, his son and Johnson were convicted along with two others in May of racketeering, extortion, fraud and conspiracy involving allegations they rigged riverboat casino licenses. The Edwardses were convicted of five counts of mail fraud. Johnson was convicted of one count of mail fraud.

In November, the U.S. Supreme Court ruled in a separate Louisiana gambling corruption case, involving a New Orleans lawyer, that federal mail fraud laws do not apply to state licenses that have not yet been awarded.

A license discussed in the Edwardses' gambling corruption trial was never awarded.

Defense attorneys have sought to use the Supreme Court ruling as a means to get their clients out of all the charges in the casino licensing scandal.

Each of the counts thrown out would have carried maximum sentences of five years in prison and $250,000 in fines.

Before the fraud convictions were voided, federal probation authorities reportedly had recommended imprisonment for 11 to 14 years for Edwin Edwards.

Polozola delayed the men's sentencing - originally scheduled for Wednesday - to hear arguments about the ruling. The judge said he would set a sentencing date after the hearing, if the convictions are upheld.

Former Edwards aide Andrew Martin, Eunice cattleman Cecil Brown and Johnson, a Baton Rouge businessman, were convicted along with the Edwardses on a variety of charges in the case.

The men plan to appeal their convictions if they do not receive a new trial. Defense attorneys have indicated the appeal could touch on several issues including the legality of the wiretaps used to gain evidence, the removal of one of the jurors during deliberations and the Supreme Court ruling.