Juror Offered to Fix Verdict in Election Case, Records Show : Courts: He allegedly tried to help Michael Goland, later convicted of making an illegal campaign donation.

A juror removed from the jury just hours before it delivered its verdict last week in the election law violation trial of Los Angeles businessman Michael R. Goland was alleged to have handed a note to Goland outside the courtroom offering to attempt to fix the case, a federal court transcript shows.

Juror Barry Kuhnke of Huntington Beach is under felony investigation by the U.S. attorney’s office. Kuhnke has been identified by prosecutors as an employee of the U.S. Department of Defense, working for the Defense Logistics Agency.

According to the transcript, Goland reported to his attorney that he was approached by Kuhnke in the Los Angeles Mall last Wednesday at the end of a day of jury deliberations and handed a note that said:

“Michael, I can make it happen. This is the best I’ve been able to negotiate today. It is not ideal, but please tell me what is better for you. I need to know immediately. Show me a finger one or two. One, hung on all six counts or two, not guilty on Counts I, II, III, IV and VI but guilty on V?”

After U.S. District Judge Dickran Tevrizian was alerted that Goland said he had been contacted by Kuhnke, the judge dismissed Kuhnke from the jury. The remaining 11 jurors found Goland guilty of only Count V--a misdemeanor in making a $120,000 illegal donation designed to help the 1986 reelection of Sen. Alan Cranston (D-Calif.)

The transcript of the Thursday hearing concerning Kuhnke shows that he was advised by the judge that the allegations against him were serious and that he had a right to remain silent. Since then, Kuhnke has refused to talk to prosecutors. He could not be reached for comment Tuesday.

Goland’s attorney, Seth P. Waxman of Washington, told the judge at the court hearing into the matter that when Kuhnke first handed Goland the note, Goland had dropped it and “apparently refused at some level or somehow to take it,” but that Kuhnke had “insisted” that Goland take it and read it.

Waxman said that “a conversation ensued” between Goland and Kuhnke and that Goland later threw the note in the trash. Waxman said Goland later retrieved the note after Waxman told him that a full report had to be made to the court on what had transpired.

Two possible felony violations are involved in the investigation of Kuhnke--criminal contempt of court for allegedly ignoring the judge’s orders to the jury not to contact the prosecution or defense, and general obstruction of justice.

Both the prosecution and defense agreed to allow the jury to continue to deliberate and come to a verdict with only 11 members.

Goland has long given heavily to influence campaigns in a pro-Israel direction, trying either to elect candidates supportive of Israel or defeat those critical of it.

In this case, he was found guilty of illegally giving $120,000 to American Independent Party candidate Edward Vallen, so Vallen could advertise that he was a better conservative than the Republican U.S. Senate candidate, Rep. Ed Zschau, thus siphoning votes away from Zschau and helping Cranston. Vallen ended up getting 109,916 votes, about 5,000 more than the margin by which Cranston defeated Zschau.