Judge Dismisses Juror in Fraud Trial of Arizona’s Governor

U.S. District Judge Roger Strand dismissed a juror Tuesday in the criminal fraud trial of Arizona Gov. Fife Symington after meeting privately with attorneys.

Strand scheduled a hearing for this morning on whether deliberations should continue without a 12th juror or whether an alternate should be added. It was unclear whether deliberations would have to start over if an alternate is added.

The judge didn’t explain the reason for the 74-year-old woman’s dismissal, which followed a closed-door meeting with attorneys that lasted nearly two hours. Attorneys said only that jurors passed a note to the judge.

The dismissed juror is a Phoenix woman, a former Republican precinct committeewoman who voted for Symington in 1994. She underwent surgery to repair a broken wrist on June 12, prompting a one-day delay in the trial.

She wouldn’t give her name to reporters as she left and wouldn’t comment on how deliberations were going. She said she remained friends with the other jurors.

The five women and seven men on the jury had deliberated over eight days after receiving the case Aug. 8.

Symington’s lawyer, John Dowd, said after the hearing that the judge wants to continue with 11 jurors. Dowd said he asked Strand to hold off on a decision until today to allow the defense to study case law on the issue.

“I’m always concerned when I don’t have 12,” Dowd said. “That’s why I want to research it.”

There are four alternate jurors who heard the case but haven’t been included in deliberations. Dowd said it would be up to the remaining 11 jurors whether deliberations should start over if an alternate is added.

Symington, a two-term Republican, is charged with 21 felony counts of bank fraud, attempted extortion and perjury.

The charges allege that Symington repeatedly lied about the health of his troubled real estate businesses when applying for loans. He’s also charged with misusing his power as governor to pressure a pension fund he owed $10 million.

Conviction on any count would remove Symington as governor.