Edwards Trial Judge Says Thumbs-Down Juror Stays

The judge presiding in the federal racketeering and fraud trial of Gov. Edwin W. Edwards today refused to remove a juror who flashed a thumbs-down signal to television cameras.

U.S. District Judge Marcel Livaudais gave no specific reasons for denying defense requests that Clifford West be removed.

Defense lawyers had argued that West’s gesture was an illegal attempt to communicate with the outside world while the jury was sequestered. They said they were willing to let 11 jurors decide the case.

‘Awful Lot of Speculating’

“You’re asking me to do an awful lot of speculating” on the meaning of the gesture, Livaudais told defense attorneys before issuing his ruling.

The jurors, in their fifth day of deliberations in the 13-week-old trial, were not present for the arguments and apparently were unaware of the controversy.

West, 31, made the thumbs-down gesture at television cameras Saturday morning after he boarded a van that carried jurors from their hotel to the courthouse.

Defense lawyers, prosecutors and Livaudais all viewed videotapes of West’s gesture on Saturday. All said they had no idea what the gesture meant.

William Jeffress, one of the defense attorneys, said it could have many different interpretations.

“That does not remove the fact that under this court’s sequestration order, jurors are prohibited from communicating with anybody on the outside,” he said.

Removal Would Be ‘Outrageous’

U.S. Atty. John Volz said removing West at this point in the trial would be outrageous.

“I don’t think the law requires that we have 12 zombies sit in this jury box,” Volz told Livaudais.

Assistant U.S. Atty. Robert Boitmann said West’s gesture may simply have been a negative reaction to “cameraman who kept sticking their cameras in his face.”

Edwards, his brother Marion and three business associates are charged with violating the conspiracy section of the federal Racketeer Influenced and Corrupt Organization Act by scheming to illegally obtain state certification for hospital and nursing home projects in which they held interests. They sold five of the projects for $10 million.