Problem juror kicked off case of former Louisiana goveror Edwards

Natalie Gott

Thursday, May 4, 2000 | 3:51 a.m.

BATON ROUGE, La. - A juror who reportedly refused to deliberate and stalled the racketeering trial of former Gov. Edwin Edwards since Monday was kicked off the panel Thursday so the case could continue.

U.S. District Judge Frank Polozola gave no reason for the highly unusual move but told the remaining 11 jurors to go back and try to reach a verdict.

Deliberations were cut off again within minutes, after defense lawyers asked Polozola to declare a mistrial or delay proceedings while they ask a federal appeals court to reinstate the juror.

The judge rejected both motions and told the jury to get on with it. Not long afterwards, the jury sent out a note saying they needed to leave early next Tuesday for one juror's medical appointment and this situation would continue through May 30.

The prospect of the case dragging on all month unleashed eruptions of laughter from the defense table.

According to published reports, the juror who was removed was viewed to be favorable to all seven defendants and refused to participate in deliberations.

The juror's name has not been made public. Like others on the panel, he is identified in court only by number.

He is a 40-year-old white man from East Baton Rouge Parish and did not give a job description during jury selection. He did say at the time that he believed Edwards was somewhat responsible for corruption in the gambling industry in Louisiana.

Jim Cole, attorney for Edwards' son Stephen, said told the judge that removing the juror had done "irreparable damage" to the deliberations.

Edwards' attorney, Dan Small, angrily said the judge had dismissed a fair and impartial juror without adequate grounds, sending the other 11 a "clear message that No. 68 did something wrong, which he did not."

Cole echoed him: "It's a clear sign to whoever was having a conflict with him that they won."

In addition to triggering motions for mistrials, removal of the juror could be grounds for appeal of any conviction.

In 1997, Arizona Gov. Fife Symington was convicted on federal fraud charges after a juror was dismissed seven days into deliberations. Other jurors had complained that the 73-year-old woman was unable to concentrate and refused to discuss her opinions. But the conviction was reversed by the appeals court, which said the removal of the juror was improper.

Former U.S. Attorney Harry Rosenberg, who has been a frequent new analyst in the case, said Polozola's decision put the trial "on the thinnest of legal limbs."

Citing the Symington case, he said this decision makes the case ripe for appeal.

"There's a very fine line between a juror's refusal to deliberate, which the juror is obligated to do, and the juror's steadfast conviction regarding guilt or innocence," he said.

Coincidentally, in 1985 a single juror also became the focus of deliberations during Edwards' first federal racketeering trial. As deliberations dragged on and speculation grew about a hung jury, one juror flashed a thumbs down sign to reporters outside court. It turned out he was the lone holdout for conviction on most counts. A mistrial was declared and Edwards was acquitted the following year in a second trial.

It was not clear where the deliberations now stand in this case. Although the jury got the case on April 24, they have spent little time actually deliberating.

"Let me apologize to you for what I have done over the past few days," Polozola told the 11 jurors.

"You are instructed that you are the ultimate judge of fact in this case. You will determine what the facts and the law are in this case. The fact that Mr. 68 is no longer part of this jury should not be of any concern to this jury."

As he talked, Stephen Edwards' wife Leslie wiped tears from her eyes and Edwards' daughter Vickie buried her face in her hands. Edwards and the other defendants listened without emotion.

On Tuesday, Polozola interviewed each of the jurors, but would not disclose what the questioning concerned. Attorneys and defendants have spent the past few days in private meetings with the judge to discuss this issue.

Polozola told the jurors that in their deliberations they should even disregard the questions he asked when he interviewed them individually.

Polozola then gave the jury a few guidelines to follow while they deliberated. One of the revised rules is that the foreman is to sign any note the jury sends to the judge. Before it is sent, the note is to be read by all 11 jurors.

The judge also told the jury not to bring any extraneous material into the deliberation room. Removed from the jury room last week was a dictionary with the word "extortion" highlighted.

Polozola told them to disregard any definitions they may have looked up in the dictionary.

"Only my instructions, whether you agree with them or not, must be followed," the judge said.

The jurors called it a day at 5 p.m. and will return at 8 a.m. Friday.

The jury must vote on 91 separate counts. Edwards is accused on 26 counts.

Edwards, a colorful politician who served four terms as governor; his son Stephen; state Sen. Greg Tarver; and four others are accused in a series of extortion schemes to manipulate the licensing of Louisiana riverboat casinos from 1991 through 1997. If convicted on all counts, Edwards, 72, faces more than 300 years in prison.

The trial began Jan. 10.

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