TEXT OF SWORN STATEMENTS

Following are the texts of the signed, handwritten statement by Kathy Saxton-Calderwood, a juror in the retrial of Mayor Roger Hedgecock, and of a statement signed by San Diego attorney John N. Learnard regarding another juror. Learnard declined to name the juror but said he represented that juror in another legal case. Learnard represents juror Stanley J. Bohensky on other matters.

I, Kathy Saxton-Calderwood, declare as follows:

I was a juror on the Hedgecock trial. During the course of deliberation at the Hanalei Hotel, I and the other jurors were told by the bailiff, Al, a story that represented his opinion of reasonable doubt. He told a story about a juror who recalled evidence regarding a man with a green hat, which the other juror did not recall or agree with, but which caused that juror to find the defendant not guilty. The hold-out juror was viewed to be unreasonable. I felt that Al was implying that some of us, including myself, were being unreasonable as we were in the minority opinion at that time. Al, also, stated to me and the other jurors that there were only two verdicts, guilty or not guilty. He stated that all of the evidence was before us, and emphasized that we use our common sense. I was concerned due to these comments made by Al, so one day out by the pool

I questioned Holly, the bailiff, regarding the accuracy and appropriateness of these comments. She said to remember that we were there to reach a verdict. Later that day or the following day, Holly approached me in the bathroom and said there were other choices regarding the verdict. Some jurors referred to this green hat story repeatedly, and would ask Al to tell it again.

I witnessed Al, the bailiff, talking with Joe, a juror, near the bar of the kitchenette somewhat quietly and discreetly. I believed they were speaking of Renee and I, as they said “She . . . “ and looked directly at her and I. I believed they were talking about who was “holding up” deliberations, due to pieces of the conversation I heard.

I, also, heard Richard Stark state that Al was “pumping” him for information, but that he (Dick) wasn’t telling Al anything.

During the course of the week at the Hanalei, after deliberations, there was drinking of wine and beer. During this time I went back to my room. Other jurors stayed with Al, the bailiff, and continued drinking. Al, also, drank. It is my information that Al bought and brought hard drinks for three female jurors. Bryce Bulman was also drinking with the permission of the bailiff, Al.

Al stated on more than one occasion that there were only two verdicts: guilty or not guilty. He never mentioned that there was a third option, that being a hung jury.

Al stated in my presence that the lieutenant of the marshals was very mad at him, and raked him over the coals.

During meals, in the presence of the bailiffs, the jurors would talk and joke about the two attorneys, and some witnesses, like Sally Roeder.

Due to working long hours, going to bed late and being awakened at 6:30 a.m., I would lose track of what day it was. It was an extremely stressful time. Dick Stark, Marion Pierce and Ann Rogers went down to the Jacuzzi by themselves, to let off some steam. Al then caught up with them.

During Holly’s birthday party we had cake, dips and chips and drank wine and beer.

I spoke with my roommate at the Hanalei, Renee Ranck, recently, as well as Dee Pickering regarding speaking with investigators. Renee’s roommate at her residence works for the D.A.’s office, and seemed skeptical about me speaking with Renee. I could hear the roommate in the background, commenting on Renee’s remarks. Both Renee and Dee told me that Mary, the clerk for Judge Todd, had called them and said we didn’t have to talk to anyone.

It appeared to me that some jurors did not take the case as seriously as I did. I feel that the alcohol and sexual jokes contributed by Al, the bailiff, contributed to a lighter attitude among the jurors. I just didn’t think it was appropriate, in light of the seriousness of the matter.

I declare under penalty of perjury that the forgoing is true and correct and that I would be a competent witness to same.

Executed this 15th day of October, 1985 in San Diego County.

Kathleen Saxton-Calderwood (signed)