Hedgecock Again Loses Bid for New Trial

A Superior Court judge Friday refused to throw out former San Diego Mayor Roger Hedgecock’s conviction on campaign-related felonies. Judge David Gill ruled that allegations that jurors drank to excess during deliberations were insufficient to undermine the prosecution’s case.

Gill’s decision means Hedgecock next will ask the 4th District Court of Appeal to reverse the jury decision finding him guilty on 13 felony perjury and conspiracy counts stemming from illegal contributions to his 1983 mayoral campaign, defense attorney Charles Sevilla said.

Hedgecock faces one year in local custody and a $1,000 fine if the verdict stands.

In a motion filed last month, Sevilla argued that drinking by the jurors while they were sequestered at a Mission Valley hotel denied Hedgecock a fair trial. He submitted to the court a color photograph purportedly showing the jurors--including one younger than California’s legal drinking age of 21--and two court bailiffs drinking just hours before the jury began its final deliberations.

The San Diego County district attorney’s office countered that Sevilla’s claims were a rehash of arguments rejected by Judge William L. Todd Jr. in December, when he sentenced Hedgecock after throwing out defense allegations of jury tampering by a court bailiff who allegedly discussed the case with the sequestered jurors.

Sevilla has until Nov. 4 to file Hedgecock’s full-scale appeal, in which he said he will renew the claims of misconduct by both the jurors and Bailiff Al Burroughs Jr.

“I think it rounds out the issue concerning the allegation we’re making that there was inappropriate conduct which prejudiced Mr. Hedgecock’s right to a fair jury deliberation,” Sevilla said.

The appeal also will challenge whether jurors understood the perjury counts on which Hedgecock was convicted, he said, noting that criminal prosecution under the city election code was new ground for the courts.