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Hedgecock Quits; 1 Year in Custody

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Times Staff Writer

In a dramatic, rapid-paced conclusion to what he called “the country’s longest-running political soap opera,” Mayor Roger Hedgecock resigned Tuesday and was sentenced to one year in local custody after losing his bid to reverse his felony conviction because of jury-tampering allegations.

Saying that Hedgecock “violated the public trust in an onerous, onerous way” by accepting tens of thousands of dollars in illegal campaign donations, Superior Court Judge William L. Todd Jr. sentenced Hedgecock late Tuesday afternoon, shortly after ruling that the jury-tampering allegations did not affect the Oct. 9 verdict or entitle Hedgecock to a new trial.

Todd, who also fined Hedgecock $1,000 and placed him on three years’ probation, allowed Hedgecock to remain free on his own recognizance pending the outcome of his appeal of his 13-count conspiracy and perjury conviction. One of the terms of Hedgecock’s probation is that he not seek public office during the three-year period.

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Prosecutors, however, later questioned whether Hedgecock would ever serve time in the County Jail, pointing out that his appeals may not be exhausted for years. If Hedgecock’s conviction ultimately is upheld, San Diego County Sheriff John Duffy apparently would have some discretion in determining whether Hedgecock would serve the sentence in jail or at an honor camp, sheriff’s officials said.

Although Todd termed Hedgecock’s conduct “reprehensible in every sense of the word,” the judge rejected Deputy Dist. Atty. Charles Wickersham’s recommendation that Hedgecock be sentenced to a three-year state prison term, adding that “some significant punishment has already been received and accepted” by Hedgecock via his loss of office and public embarrassment.

In asking for Todd’s mercy, Hedgecock said he and his family “have suffered as public a humiliation, as public a branding . . . as could possibly be imagined” throughout the nearly two-year-long investigation and trials stemming from his personal and campaign finances. Hedgecock’s first trial ended in a mistrial in February, with the jury deadlocked 11-1 in favor of conviction.

“We have suffered financially to the point of being broke, to defend me against these charges,” Hedgecock added. Asking that he be allowed to “continue working . . . for the citizenry” of San Diego, Hedgecock requested that he be placed on probation and allowed to serve in a work-furlough program designed to benefit the homeless.

Todd, however, ultimately adopted a middle ground between Hedgecock’s request and that of Wickersham, who encouraged the judge to impose a stiff prison sentence and fine on Hedgecock to “send a strong signal to the community that that type of conduct won’t be tolerated.” A probation report prepared by the Orange County Probation Department--which was asked to handle the matter because Hedgecock had jurisdiction over the local Probation Department during his years as a county supervisor--had recommended that Hedgecock be placed in a work-furlough program for six months and placed on three years’ probation.

Less than an hour before he was sentenced and shortly after Todd’s rejection of his motion for a new trial, Hedgecock officially resigned as mayor of California’s second-largest city, a post that he has held since winning a special May, 1983, election to select a successor to Pete Wilson, now a U.S. senator from California. Had he not stepped down, Hedgecock would have been ousted from office at the moment sentence was imposed on him.

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Invoking the words of Abraham Lincoln in an impromptu news conference outside the courtroom, a visibly dejected Hedgecock said, “Some years ago, a great American at the moment of a particularly bitter defeat, said that ‘it hurts too much to laugh, but I’m too old to cry.’ And that’s the way I feel at this moment.”

Hedgecock, who retained an intense following despite his legal problems, received applause from dozens of spectators in the courthouse hallway after he completed his resignation speech by encouraging “those who would aspire to follow me” to pursue his “great dream that San Diego in fact could become America’s finest city.”

“With that, all I can say, again with a heavy heart, is thank you and goodby,” Hedgecock concluded.

The scene inside the courtroom also was filled with drama, particularly during Hedgecock’s eloquent plea for a moderate sentence, in which he told Todd that he was “personally shattered” by but accepted the jury’s guilty verdict. Throughout Hedgecock’s remarks, his father, Les Hedgecock, put his arm around and comforted the former mayor’s wife, Cindy, who frequently wiped tears from her eyes.

“I ran for (mayor) to serve the community that I grew up in and that I love very much,” Hedgecock told the judge. “As God is my witness, I did not intend to violate these laws in an intentional way.”

Hedgecock also argued that his case lacked “the punch line typical of a political corruption situation,” saying that no one “got a single favor from me” because of the illegal personal and campaign financial aid that he received from Nancy Hoover and J. David (Jerry) Dominelli, former principals in the now-defunct La Jolla investment firm of J. David & Co., and political consultant Tom Shepard. Later, Todd acknowledged that Hedgecock’s conviction was “not a case . . . where you stole public money.”

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Plea for Mercy

“I’ve never been in trouble with the law before,” Hedgecock said as he concluded his remarks. “I ask for your mercy.”

Todd responded by saying that he was “absolutely and completely convinced” of Hedgecock’s guilt, adding that he believed that the former mayor “violated the public trust completely, over and over again.” However, Todd explained that he felt that a state prison sentence and heavy fine “would not . . . be appropriate” in Hedgecock’s case.

After Tuesday’s hearing, Wickersham predicted that there is only “a 50-50 chance” that Hedgecock would ever actually serve time in the County Jail. Noting that Hedgecock’s appeals could take years, Wickersham said that he expects Hedgecock to do community work in the interim.

“When the appeal is complete, he has a right to a new probation report,” Wickersham said. “I’m sure he’ll be able to come back and say, ‘Look at what I’ve done (since the sentencing).’ ”

Meanwhile, Steve Annibali, a spokesman for Sheriff Duffy, said late Tuesday that the sheriff’s office is exploring how much leeway Duffy would have in determining how Hedgecock might spend his year in custody. Annibali added that an initial review of the law seemed to indicate that Hedgecock probably would have to spend some time in jail before becoming eligible to be transferred to an honor camp.

Dist. Atty. Edwin Miller, whom Hedgecock had accused of using the case to wage a political vendetta, called Todd’s decision “a reasonable sentence” but had few conciliatory words for Hedgecock.

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“Roger Hedgecock deserved to be convicted,” Miller said. “I believe that this community deserves to have people in higher office with integrity. . . . I think he was a dishonest mayor and we proved it with this prosecution.”

New-Trial Motion Denied

During the earlier four-hour, new-trial hearing, Todd denied Hedgecock’s motion seeking reversal of his conviction, rejecting two jurors’ sworn allegations that a court bailiff tampered with Hedgecock’s jury during deliberations.

The two jurors’ affidavits alleged that Bailiff Al Burroughs Jr. frequently talked with the jurors about the case and their progress in their deliberations, and told them an anecdote about another case dealing with the crucial legal definition of “reasonable doubt.”

Saying that the bailiff “shouldn’t have told the jury anything” and that Burroughs’ remarks “prevented (Hedgecock) from receiving a fair, impartial jury,” Hedgecock’s defense attorney, Oscar Goodman, argued that the conviction should be reversed “to preserve the integrity of this court.”

Wickersham, however, argued that there was “not one scintilla of evidence” that Burroughs’ conduct influenced the jurors’ deliberations, adding that awarding Hedgecock a new trial “would be a tragedy.”

Siding with the prosecutor, Todd questioned the accuracy of the two jurors’ claims of wrongdoing on the part of the bailiff, noting that the 10 other jurors had denied those allegations. In addition, Todd added that even if some of the actions and comments attributed to Burroughs in the two jurors’ affidavits did occur, “the weight of evidence against (Hedgecock) . . . is so great that no prejudice could have resulted.”

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Under city law, the council now must decide within 30 days whether to appoint a new mayor or hold a special election to select a successor to serve out his term, which expires in December, 1988. In the meantime, Councilman Ed Struiksma will serve as acting mayor by virtue of being deputy mayor, a largely ceremonial post rotated annually among council members.

Struiksma Takes Charge

At a City Hall news conference conducted while the court was still in session, Struiksma called Hedgecock “an energetic, intelligent, capable man who has left his imprint on this city,” but he emphasized that Hedgecock was “only one of 7,000 people working each day” in city government.

“For this moment, we catch our collective breath--and then move on,” Struiksma said.

Those mentioned as possible candidates in a special mayoral election include Police Chief Bill Kolender; Maureen O’Connor, a former councilwoman whom Hedgecock narrowly defeated in the 1983 mayoral race; Rep. Jim Bates (D-San Diego), and at least three current council members--Struiksma, Bill Cleator and Mike Gotch. If an election is scheduled, the winner must be inaugurated within 150 days.

Tuesday’s developments apparently marked the final chapter in the once-promising political career of the 39-year-old Hedgecock, who was being touted as a rising star in statewide politics as recently as two years ago.

Noted as much for his abrasive personality as for his legislative achievements, Hedgecock, a former two-term county supervisor, brought a strong record as an environmentalist and the rallying cry of “Avoid Los Angelization!” to City Hall 31 months ago. Throughout his tenure, Hedgecock persistently invoked that slogan in his frequent legislative battles for growth-management policies designed to prevent unchecked urban sprawl from destroying the “livability”--notably, the scenic, Mid-City canyons and generally unclogged freeways--that gives San Diegans pride.

Hedgecock’s first months in office were heady ones, as his considerable accomplishments--highlighted by his successful fights for construction of a downtown convention center and expansion of the San Diego Trolley--raised his public approval ratings to such heights that his reelection in 1984 appeared to be a fait accompli . In one poll taken in October, 1983, only 3% of those interviewed disapproved of Hedgecock’s performance in office.

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Hedgecock’s Undoing

However, Hedgecock’s popularity plummeted in early 1984 when he became entangled in the burgeoning scandal surrounding the collapse of J. David & Co. Dominelli, the firm’s founder, now is in prison after pleading guilty to charges that he defrauded investors out of more than $80 million.

Hedgecock was drawn into what he referred to as “the J. David soap opera” by his admission in February, 1984, that he had received a $130,000 loan to renovate his house based on an oral agreement with J. David executive Hoover.

Later, it was learned that Hoover and Dominelli had invested more than $360,000 in Tom Shepard & Associates, the political consulting firm that ran Hedgecock’s 1983 and 1984 campaigns.

In September, 1984, the San Diego County Grand Jury indicted Hedgecock, Hoover, Dominelli and Shepard on charges that they conspired to disguise campaign contributions; the perjury counts facing Hedgecock charged that he intentionally falsified financial disclosure statements to conceal the plot to circumvent the city’s $250-per-person campaign contribution limit. Hedgecock’s three alleged co-conspirators are scheduled to be tried separately later.

The controversy drew former television newscaster and La Jolla millionaire Dick Carlson into the 1984 mayoral race, in which his central theme was that Hedgecock needed to be ousted from City Hall because he had given San Diego “a black eye.” Hedgecock, however, countered with a Trumanesque “give-’em-hell” style based on the argument that voters had “nothing to lose” by reelecting him because, if he were ultimately convicted, he would be removed from office and a new election held.

Hedgecock’s strategy was a resounding success, as he was reelected by a 58%-42% margin only seven weeks after his indictment--a victory that prompted even his detractors to label him a political Houdini.

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“One down and one to go!” Hedgecock said confidently after his November, 1984, reelection.

The jury’s verdict, however, coupled with Todd’s actions Tuesday prevented Hedgecock from completing the second half of that political and legal equation. Indeed, Tuesday’s developments served as a bleak reminder of a remark made by the mayor’s attorney in the first trial. Michael Pancer said last fall that Hedgecock’s reelection campaign and trial were properly viewed as tandem, not separate, events.

“Winning one isn’t good enough,” Pancer said. “We have to go 2-for-2.”

Hedgecock’s Sentence

Under state law, Roger Hedgecock faced a maximum state prison term of eight years. Superior Court Judge William L. Todd Jr.’s sentence included:

One year in custody of Sheriff John Duffy, which could involve time in County Jail, a work furlough program or a county honor farm.

Three years’ probation.

A $1,000 fine.

A ban on running for office for three years.

Hedgecock was released on his own recognizance pending an appeal of his conviction.

Rivals and supporters stunned by the one-year jail sentence imposed on Mayor Roger Hedgecock. (Page 3.)

City Councilman Ed Struiksma, a former policeman, is acting mayor of San Diego. (Page 3.)

Election or appointment? What is the process of choosing Hedgecock’s replacement? (Part II, Page 1.)

Hedgecock’s last day in office was spent in the courtroom of Judge William L. Todd Jr. (Part II, Page 1.)

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