‘Witch’s Brew’ Cited by D.A. in Mayor’s Appeal

The defense’s effort to remove San Diego County Superior Court Judge William Todd Jr. from hearing Mayor Roger Hedgecock’s request for a new trial is based on “a witch’s brew concocted in the cauldron of untruths, mistruths and misrepresentations,” the San Diego County district attorney’s office contended in arguments filed with the California Supreme Court Tuesday.

Deputy Dist. Atty. Paul Morley said Hedgecock’s lawyers, in asking the high court to review Todd’s decision to retain the case, also were trying to raise new issues too late in the judicial process.

The state Supreme Court halted all action in Hedgecock’s case Nov. 1, just hours after the 4th District Court of Appeal in San Diego rejected the mayor’s arguments that Todd be replaced because he might be called as a witness in a hearing to determine whether there was jury tampering by the judge’s bailiff. The high court today is scheduled to hold its first meeting since taking control of the case, but both prosecutors and Hedgecock’s lawyers said they had no way of knowing when the court would consider the mayor’s case.

Hedgecock will forfeit his office unless his conviction on conspiracy and perjury charges is reversed.

In the arguments filed Tuesday with the Supreme Court, prosecutors renewed their contention that Todd could not provide useful testimony regarding defense allegations that bailiff Al Burroughs Jr. improperly interfered with jurors’ deliberations in the case. Todd’s knowledge would be secondhand and thus inadmissible, Morley said.

Hedgecock’s lawyers say Burroughs may have told Todd about his contacts with the jury and that the judge thereby could be a key witness in a hearing on their allegations of jury tampering. Further, they contend that Todd should be required to step aside because he may harbor a bias in favor of Burroughs.

Charles Sevilla, one of Hedgecock’s attorneys, said he would reply to the district attorney’s arguments before the end of the week, if the Supreme Court makes no decision in the meantime.

“I think they used a multifaceted smoke screen to try to take the court down the path they would desire,” Sevilla said.