Henley Juror Denied Bail in Bribery Case

A federal judge on Friday said jury misconduct in the drug trafficking trial of former Ram cornerback Darryl Henley and four co-defendants amounted to a “gigantic tragedy.”

U.S. District Judge Gary L. Taylor made the remarks as he denied bail for Michael Malachowski, a dismissed juror who admitted offering a $50,000 bribe--on Henley’s behalf--to a sitting juror to vote not guilty in the football player’s trial.

Malachowski was taken into custody last week after pleading guilty to obstruction of justice.

Defense attorney John Barton conceded Friday that his client’s actions were “very, very wrong” but asked that Malachowski be allowed to remain free and continue living with his family and coaching Little League until the Sept. 9 sentencing. Malachowski faces a prison term of a year to 18 months under federal sentencing guidelines, Barton said.

Assistant U.S. Atty. John C. Rayburn Jr. urged the judge to deny bail, saying Malachowski repeatedly lied about his involvement in the bribery scheme.

The judge said he was “appalled” by Malachowski’s involvement in a scheme to bribe juror Bryan Quihuis of San Bernardino.

“The insult to the other jurors is monumental,” Taylor said. He noted that their verdicts in the case--to convict Henley and the four others--faced possible nullification “by this kind of misconduct.”

He said Malachowski, a 25-year-old father of three, participated in the bribery scheme even though he knew it was wrong. But Malachowski chose to “do it anyway for the purpose of gaining something financially,” the judge said.

Malachowski brushed away tears several times during the bail hearing.

Prosecutors allege that Henley and his uncle, Rex Henley, orchestrated the bribery scheme to secure their freedom--or at least win a new trial.

Malachowski served three weeks as a juror in the drug-trafficking trial last year and was dismissed after telling the judge he had received a phone call from a man who had the same name as one of Henley’s co-defendants. The FBI investigated the call but said it was unrelated to the defendants.

The football player was accused of leading a drug ring that shipped cocaine from his Brea home to Atlanta and Memphis, Tenn., and enlisting a former Ram cheerleader to carry drugs in luggage on commercial airlines.

Henley and four co-defendants, including his uncle, were convicted in March 1995 but have since sought a new trial based on allegations of jury misconduct involving the bribery allegations.

Defense attorneys also alleged another juror, identified as Shawn O’Reilly of San Bernardino, expressed racial prejudice against the defendants, four of whom are African American.

O’Reilly, who has received government immunity from prosecution, denied in court Friday that he expressed racial prejudice. But he said he had discussed the case with Quihuis and Malachowski despite the judge’s order not to do so until the trial was completed.

Prosecutors contend Henley and his uncle should be denied a new trial because they helped engineer the bribery scheme. Attorneys for both men have denied any involvement.

The judge is expected to rule on the new trial requests at another hearing, possibly in September.