More fraud convictions thrown out in Edwards case

Melinda Deslatte

Thursday, Dec. 7, 2000 | 4:57 a.m.

BATON ROUGE, La. - A federal judge tossed out more fraud convictions against Edwin Edwards on Thursday and let stand the more serious extortion and racketeering convictions in the former governor's gambling corruption case.

"Strong independent evidence supports without a doubt the other convictions," said U.S. District Judge Frank Polozola, who dismissed four additional fraud counts against Edwards and his son.

Edwards said he was disappointed but not surprised the judge let the other convictions stand.

"It's a partial victory, but it's not going to do us much good," Edwards said. "It's something to be thankful for. Every now and then a blind hog finds an acorn."

Edwards said the voided convictions really won't affect the possible length of sentences for him and his son, Stephen, who were convicted with three others in May in a conspiracy to rig riverboat casino licenses.

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

The Edwardses' racketeering and extortion convictions will drive the sentencing guidelines, each carrying a maximum 20-year prison sentence.

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.

"We don't think this will affect sentencing in any way," U.S. Attorney Eddie Jordan said of the voided convictions. "Sentencing is driven by the other counts."

Noting the matter was a close issue, Polozola based his dismissal on a recent but separate U.S. Supreme Court ruling involving New Orleans lawyer Carl Cleveland.

The U.S. Supreme Court ruled in November 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 had sought to use the Supreme Court ruling as a means to get their clients out of all the charges in the casino licensing scandal, but Polozola disagreed.

"I don't think the Cleveland case in any way should affect any other part of the verdict," Polozola said.

Jordan said he was unsure if prosecutors would retry the voided counts or if they would appeal the judge's ruling.

The ruling came after two days of hearings, during which Polozola also questioned the jury foreman and reviewed convictions of Johnson, who missed part of the trial because of heart surgery.

Polozola said he received allegations that the jury foreman made certain comments about his belief in the guilt of Edwin Edwards two years before he was ever selected for the jury.

The foreman denied the allegations.

After court marshals investigated the matter and Polozola interviewed the foreman and two other witnesses, the judge said he saw no basis to excuse the juror or declare a mistrial.

"I think the jury that tried this case did so in a fair and impartial manner," Polozola said, noting that he was concerned about the number of times people have claimed jurors in the trial had talked about the case.

Polozola said he wanted to make sure it was not an attempt to obstruct justice or harass the individual jurors, who remain anonymous.

"Frankly, I'm getting tired of people beating up this jury," he said.

Polozola planned to continue hearing testimony Friday regarding Johnson's motion for a new trial.

Johnson's attorneys argued that he 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.

Two doctors testified Thursday that Johnson needed surgery, although one said he would have recommended that Johnson undergo the operation in September 1999, several months before the trial began.

On Wednesday, Polozola threw out three fraud convictions - two against Edwin and Stephen Edwards and a third against Johnson. Thursday's ruling tossed out the remaining mail and wire fraud convictions against the Edwardses - three for fraud and one for conspiracy to commit mail and wire fraud.

All of the five defendants said they plan to appeal their convictions.

"We'll just go on from here, one day at a time, one step at a time," Edwin Edwards said Thursday.

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.