10 Jurors in Hedgecock Case Say No Tampering

Ten of the jurors who convicted Mayor Roger Hedgecock have signed sworn affidavits denying two jurors’ allegations that a court bailiff tampered with the jury during deliberations, according to papers filed in court Monday by Dist. Atty. Edwin Miller Jr.

The 10 jurors’ statements, which accompanied briefs filed by the district attorney recommending that Hedgecock’s motion for a new trial be rejected at a Nov. 4 hearing, were cited by Miller as proof that “there was not anything even remotely approaching jury tampering.”

The statements confirm, however, that there apparently was frequent contact between the jurors and bailiff Al Burroughs Jr.--contact that Hedgecock attorney Oscar Goodman argues “simply should not have occurred” and that justifies a new trial for the mayor.

For example, several jurors’ statements mention that Burroughs told them an anecdote about jurors in another case getting into a fist fight as a result of a dispute over evidence. Most of the 10 jurors said they regarded Burroughs’ remarks about that incident--which they referred to as “the green hat story”--as a joke. Other jurors, however, have said they believed that Burroughs’ story dealt with the crucial legal term of “reasonable doubt.”

Saying that the key question is “simply whether the conversation occurred, not what (jurors) thought (Burroughs) meant,” Goodman cited those revelations as confirmation “that something improper occurred” during jury deliberations. Miller, though, countered by arguing that the bailiff made only “innocuous” comments to jurors that had no impact on the jury’s deliberations or verdict.

At a news conference Monday, Miller described the jury-tampering allegations as “practically a zero,” and added, “I have found nothing . . . in these specious accusations of jury-tampering that causes me any concern at all. Frankly, we eagerly await the hearing on Nov. 4.”

Dismissing the jury-tampering allegations in earlier sworn statements from one juror and the attorney for another as “inadmissible evidence and hearsay,” Miller argued that “absent additional” proof from the defense, “the judge in this case has the right to reject this matter out of hand without even holding a hearing.”

However, Goodman denounced Miller’s court filings as “just another tactic by that office to mislead the public by continuing their outrageous whitewash.”

Goodman added that he was particularly “angry and amazed” by Miller’s disclosure that prosecutors will oppose granting immunity to two bailiffs who supervised Hedgecock’s jury during its sequestration, and that the district attorney’s office will attempt to prevent jurors from testifying at next week’s hearing. The attorney for one bailiff has said his client will not testify unless she is granted immunity, a legal position that Goodman says Burroughs’ attorney has hinted that he also will adopt.

“If they were interested in the truth, they’d welcome a full hearing with testimony . . . so that everything could come out in the open and let the chips fall where they may,” Goodman said. “But they’re not interested in the truth.”

The briefs and affidavits filed Monday marked the district attorney’s formal response to Goodman’s request that Hedgecock’s 13-count felony conviction be reversed as a result of jury-tampering allegations that surfaced nearly two weeks ago.

Sworn statements filed earlier by juror Kathy Saxton-Calderwood and by lawyer John Learnard, the attorney for juror Stanley J. Bohensky, said Burroughs, a San Diego County deputy marshal, purportedly talked on numerous occasions with jurors about the case and the progress in their deliberations, in violation of court rules. The charges included in those declarations include allegations that Burroughs helped the jurors to define “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.

Under court procedures, bailiffs are forbidden to discuss cases with deliberating jurors. Instead, during jury deliberations, bailiffs act as a conduit of information between the jury and the judge, most often by relaying jurors’ questions about legal points to the judge.

Most of the 10 jurors’ statements released Monday provide laudatory descriptions of the behavior of Burroughs and of the second bailiff assigned to the case, Holly Murlin. For example, juror Bryce Bulman said, “I do not recall (the bailiff) bringing up anything about reasonable doubt. At no time was pressure applied to any juror to come to a decision or to rush their decision.”

Similarly, juror Karon Dyer wrote that Burroughs’ “conduct was always above board and highly professional.”

“Mr. Burroughs did not explain or express any opinions regarding reasonable doubt,” Dyer said in her 3 1/2-page statement. “I never heard Al discuss the verdict alternatives with any juror.”

However, Saxton-Calderwood and Bohensky have specified that some of Burroughs’ alleged improprieties occurred out of the presence of most of the jurors. In addition, Goodman emphasized that even if the 10 other jurors dispute their two colleagues’ version of events, Hedgecock would still deserve a new trial if the two jurors’ allegations are proved.

“Roger Hedgecock is entitled to 12 impartial jurors,” Goodman said. “If even only one juror shows that Al Burroughs did something wrong, that’s enough for a new trial.”

In the briefs filed Monday, prosecutors suggested that the initial jury-tampering claims stemmed from defense investigators’ harassment of jurors.

“Defendant’s agents have so thoroughly hounded and harassed some members of the jury that the product of their efforts must be viewed with distrust,” the briefs said.

Responded Goodman: “That’s absolutely ridiculous. I’m sick of hearing this stupidity from this district attorney.”

The state Justice Department is investigating the tampering allegations at the request of Miller and San Diego County Marshal Michael Sgobba. Chief Assistant Atty. Gen. Steve White has said the investigation will be completed by the weekend.