SAN DIEGO PERSPECTIVE : Judge Can’t Be a Jury

The curious choice of Judge William L. Todd Jr. to preside over the next hearing in Roger Hedgecock’s drawn-out legal battle is unfair to the former mayor. What’s more, the choice promises to cause more wrangling and possibly delay in this seemingly endless affair.

Todd’s own conduct and the behavior of his former bailiff are central issues in the hearing ordered by the state Supreme Court to determine whether Hedgecock deserves a new trial. The hearing was ordered after Hedgecock’s attorneys alleged that the bailiff tampered with the jury in the former mayor’s second trial, and was in regular communication with Todd.

Even the most impartial jurist should not be put in the position of having to review, and possibly condemn, his own conduct. Moreover, Todd, who handled Hedgecock’s first and second trials, has publicly stated his belief in Hedgecock’s guilt on perjury and conspiracy charges. The Supreme Court this year threw out the 12 perjury convictions and ordered the upcoming hearing on the conspiracy count.

Knowing all this, we are surprised that San Diego Superior Court Judge Judith McConnell assigned the case to Todd, and that Todd accepted. Hedgecock’s attorney, Charles Sevilla, has warned that he will appeal the choice if McConnell doesn’t change her mind. Ironically, Todd now sits on the Appeal Court that would hear Sevilla’s complaint.

That won’t be necessary if McConnell chooses a new judge for the Nov. 21 hearing, or Todd withdraws, actions that appear appropriate.