Hedgecock Wins Point on 2nd Trial Testimony

Mayor Roger Hedgecock won a tactical victory Tuesday when the judge in his second conspiracy and perjury trial refused to name a prominent public relations man as an unindicted co-conspirator in the case.

The ruling means defense lawyer Oscar Goodman will be able to continue objecting to testimony involving George Mitrovich, 50, an employee of the company that was the alleged source of illegal campaign contributions.

Hedgecock faces 14 perjury counts and a conspiracy charge stemming from an alleged plan to pipe $350,000 into his 1983 campaign from two principals of the now-defunct J. David & Co. A jury deadlocked in February in Hedgecock’s first trial.

Deputy Dist. Atty. Charles Wickersham would have been able to introduce more testimony in support of the conspiracy charge if Mitrovich were named a co-conspirator

‘He’s a Key Player’

“This is a prima facie case that he’s a member of the conspiracy, if there is a conspiracy,” Wickersham told Superior Court Judge William L. Todd. “I think he’s a key player.”

Goodman objected, claiming the move took him by surprise.

“The grand jury didn’t indict Mitrovich,” Goodman said. “I object on the basis of surprise.”

Todd rejected Wickersham’s request, calling it untimely.

Mitrovich was the spokesman for J. David until the company’s demise in 1984. He also served as an adviser on Hedgecock’s 1983 campaign staff.

Wickersham contends Mitrovich was the key link between Hedgecock and J. David founder Jerry Dominelli, who was indicted along with Hedgecock on the campaign fund charges and has since been sent to prison on unrelated fraud charges stemming from the foundering of his company.

Wickersham has indicated he would like to introduce as evidence conversations Mitrovich had with prosecution witness Tamara O’Brien, who worked organizing Hedgecock volunteers in 1982.

Such attempts have been shot down by Goodman, who objected that such testimony was considered hearsay and could not be considered evidence.

Under the law, however, the same testimony could be admitted in a conspiracy case if the statement was made by a co-conspirator during the course of--and acted to further--the scheme.

Wickersham called two witnesses Tuesday in an attempt to prove Hedgecock was setting up his campaign while he was still a county supervisor. Eugene McElroy and Alan Preckel both said they were asked by Hedgecock workers in 1982 to help organize the campaign.