Hedgecock Will Remain in Office : San Diego Mayor to Await Ruling on Allegations of Jury Tampering

Mayor Roger Hedgecock announced Friday that he intends to remain in office “until there is a fair and clear and legal resolution” of jury-tampering charges that could result in the reversal of his felony conviction.

Hedgecock, who after his conviction on conspiracy and perjury charges pledged to resign Friday, told a City Hall press conference that the “wholly unexpected turn of events”--prompted by reports that a court bailiff tampered with the jury during deliberations--had caused him to “postpone any decision” on resignation.

A hearing is scheduled Nov. 4 on Hedgecock’s request for a reversal of his verdict and a new trial.

“Last week, when the jury verdict came back guilty, I was shocked and disappointed, but I prepared myself and my family . . . (for) the consequences of the verdict,” Hedgecock said. “I believed then in the integrity of the system and announced publicly that I would resign as mayor . . . effective today.

Jury-Tampering Charge

“This week, evidence has been brought forward that the verdict may be tainted,” the mayor added. Because of the jury-tampering allegations, detailed in sworn statements signed by one juror and an attorney for another, Hedgecock explained, he decided to drop his plan to resign Friday.

Hedgecock’s decision to remain at City Hall, at least temporarily, capped a tumultuous nine-day period that began with his conviction by a Superior Court jury on one conspiracy and 12 perjury counts on Oct. 9. Two days later, saying that he could “no longer offer leadership” in the wake of the conviction, Hedgecock announced his resignation, effective Friday.

However, the case took a dramatic turn when The Times revealed the jury-tampering allegations on Thursday. Since then, Hedgecock’s office was deluged with calls urging the mayor to remain at City Hall.

As of 2:30 p.m. Friday, there were 2,583 calls in favor of Hedgecock retaining his office and 254 calling for resignation, according to Mel Buxbaum, the mayor’s press secretary. A local television call-in poll Thursday night, however, showed viewers favoring Hedgecock’s resignation by a 4,405-4,163 margin.

Before the announcement Friday, about 200 Hedgecock supporters staged a rally at the Community Concourse outside City Hall. Although the mayor did not appear at the rally, some of his staffers looked out of their 11th-floor office windows while the crowd chanted, “Stay, Roger, stay!”

The Rev. Robert Ard, president of the San Diego Black Leadership Council, told the crowd, “We have come to tell those who sent their letters and telegrams of condolence and to view the body that they’re lining up too soon.”

Decision to Wait

Hedgecock, however, said that he ultimately decided to remain in office pending a ruling on the jury-tampering allegations because “if there is no valid verdict, there’s no basis for resignation, there’s no cloud over the city.”

J. Michael McDade, Hedgecock’s former chief of staff and one of his closest advisers, added that another major factor in the mayor’s decision was “the feeling that it makes sense to sort out the facts before . . . doing something you might regret later.

“When you’re in the middle of a sandstorm and can’t see where you are, it’s probably wise to stand where you are rather than risk stepping off a cliff,” McDade said.

Not on the Agenda

Hedgecock, who last week did not attend City Council meetings while planning for his anticipated departure from City Hall, said that he intends to resume his official duties pending the Nov. 4 hearing. Ironically, the cover page of the council’s agenda for next week, which lists the names of the mayor and council members, lists the mayor’s office as “vacant”--a description rendered inaccurate by Friday’s developments.

“I don’t intend to propose any long-range programs . . . but I will resume the daily routine things,” Hedgecock said in his private office shortly before his news conference.

Saying that the bizarre twist in his case left him “feeling like a leaf in the rapids,” Hedgecock added: “It’s a very pleasant turn of events. But I’m still bewildered and, frankly, a little drained by all this.”

In sworn declarations, juror Kathy Saxton-Calderwood and John Learnard, attorney for juror Stanley J. Bohensky, alleged that bailiff Al Burroughs Jr. helped the jurors to define the crucial legal term “reasonable doubt,” and persistently pressed them during their 6 1/2-day deliberations to reach a verdict, rather than deadlocking as did the jury in Hedgecock’s first trial.

In addition, Burroughs allegedly asked one juror for the name of other jurors who were “holding up” deliberations and referred to Saxton-Calderwood as “trouble” after she complained to another bailiff about Burroughs’ behavior.

The state attorney general’s office has agreed to investigate those charges.

In a statement released Friday, Bohensky explained why he decided to step forward, even though he was a consistent vote for conviction during jury deliberations.

“As I sorted out my thoughts on the days immediately following the verdict reading, it became quite apparent to me that I had to make a decision,” Bohensky said. “What was the lesser of two evils--a politician who violates the campaign contribution laws, or a system that spends hundreds of thousands of dollars and has unlimited resources to reach its means? When I narrowed it down to our basic right of having a fair trial, my decision was made. I didn’t come forward to save Roger Hedgecock. I came forward to ensure the judicial system would make good to everyone subject to that system.”

Hedgecock’s tenure at City Hall, however, remains in doubt pending a ruling on whether to grant him a new trial. If the request for a new trial is denied Nov. 4, Hedgecock still could be ousted from office when he is sentenced Nov. 6. However, Hedgecock’s attorney, Oscar Goodman, said Friday that if his request for a new trial is denied, he probably would request a postponement of the sentencing hearing pending an appeal.

Development Savored

Many of the mayor’s supporters, however, chose to temporarily put aside those bleak possibilities in order to savor Friday’s announcement--the latest improbable turn in a case that already has had more plot twists than a John Le Carre novel.

“This has been a real emotional trauma for the city, especially (Hedgecock’s) supporters,” said Jay Powell, coordinator of the San Diego chapter of the Sierra Club and a strong Hedgecock ally. “It’s been a roller coaster. Woooooo! Now we’re going up! It’s a hell of a drama.”

Hedgecock was convicted of conspiring with Nancy Hoover and J. David (Jerry) Dominelli, who ran the now-bankrupt La Jolla investment firm of J. David & Co., and with Tom Shepard, who ran the mayor’s 1983 election campaign, to funnel hundreds of thousands of dollars into the campaign. Those three are yet to face trial on the charges. Hedgecock also was convicted of 12 counts of perjury involving campaign disclosure statements.

The mayor’s first trial ended in February with a hung jury. After four days of deliberations, jurors voted 11 to 1 for conviction.

The second trial began July 31 and ended Oct. 9.