Justices Block Hedgecock Hearing on Case Reversal

The state Supreme Court in special session late Friday ordered a Superior Court judge to delay a scheduled Monday hearing on whether San Diego Mayor Roger Hedgecock’s felony conviction should be reversed because of alleged jury tampering by the court bailiff.

The ruling came only hours after the 4th District Court of Appeal rejected a motion aimed at disqualifying the judge set to preside over Hedgecock’s hearing for a new trial.

The Supreme Court’s decision appeared to postpone a resolution of whether Hedgecock will receive a new trial because of the alleged jury tampering. If the mayor loses his motion for a new trial, he would be ousted from office upon sentencing.

The three-judge appeals court earlier Friday denied the request of Hedgecock’s attorneys that the Monday hearing be delayed. The attorneys wanted the appeals court to hear a defense request to remove Superior Court Judge William L. Todd Jr. from deciding if Hedgecock should receive a new trial because of jury tampering allegations. Hedgecock has been seeking a mistrial on his felony conviction on conspiracy and perjury charges.

The panel’s ruling, however, was immediately appealed by the mayor’s attorneys to the Supreme Court, which agreed to postpone Monday’s hearing until it decides if it will review the question of whether Todd should step down.

The next legal step is uncertain. The state high court could:

- Lift the stay order as early as Monday, although the panel is normally in session only on Wednesdays.

- Order the appeals court to hear the appeal.

- Decide to hear the matter, which could delay by months a final judgment on whether Todd should hear the case.

Todd is scheduled to sentence the mayor Wednesday on conspiracy and perjury charges stemming from illegal contributions to his 1983 campaign, but the sentencing hearing cannot take place before the hearing on the mistrial motion.