Strange Turn of Events

Just as it appeared as if Mayor Roger Hedgecock’s political career and the lengthy criminal proceedings against him were about to come to an end, Hedgecock has received new life in a turn of events that has left this community confused and gasping for breath. Because one of the jurors in Hedgecock’s conspiracy and perjury retrial came forward with post-trial concerns about whether the jury had been subjected to subtle pressure from a bailiff, severe doubt has been cast upon the fairness of the jury deliberations that concluded with guilty verdicts on 13 felony counts.

Understandably, Hedgecock chose not to resign from office Friday as he had intended, but will stay on while his attorney seeks to have the verdicts thrown out and a mistrial declared. Even for this already controversial, already confusing case, the events of last week were nothing less than bizarre. Hedgecock partisans rejoiced that the man they believe in may yet avoid conviction and political extinction. Those who hate him or who think him guilty are angry that the retribution they felt was within their grasp may have suddenly slipped away. No matter what happens from this point on, some group inevitably will feel that justice was denied.

It may not be easy, but it is important for San Diegans to set emotion aside and look rationally at what has happened. If the bailiff, whose job it was to shield the jury from outside interference, ultimately is found to have himself communicated improperly with the jurors, then Hedgecock has not had the fair trial to which he is entitled. Should that be the case, any political consideration, any view of Hedgecock as man or mayor must be subordinated to his fundamental right to a fair trial. Not only is Hedgecock deserving of that right, but his thousands of supporters should not be deprived of the mayor they believe in until and unless he is properly adjudged guilty. Of course, the question of jury tampering still must be litigated.

With the exception of the Hedgecock camp, this latest twist has come as a major blow to all those involved with the mayor’s conspiracy and perjury trial. The 12 jurors, whose conscientiousness and hard work are not called into question by the accusations against the bailiff, largely have tried to protect their verdict by minimizing the contact they had with him. The district attorney’s office, which stands to lose a hard-fought victory it thought it had won, was slow to respond to the information brought forth by the attorney for one of the jurors. Dist. Atty. Edwin Miller did finally take the proper action of asking the state attorney general to investigate. The county marshal’s office is embarrassed by the alleged actions of one of its bailiffs. And Judge William L. Todd Jr., who also has much at stake in preserving the verdict, has come in for speculation about just what marching orders he gave--or didn’t give--bailiff Al Burroughs.

It is a shame that such an important and emotional case seems to be staggering to such a messy end--or new beginning. But if Roger Hedgecock is to be forced from office in mid-term, it should be because he was fairly found guilty in a court of law. It’s now up to the judicial system to determine whether that has happened, and if it has not, to provide him with a fair trial.