The Muskogee Daily Phoenix
Thursday August 11 1983
Lawmakers linked to vote fraud operation
By Jim East
Phoenix Staff Writer
House Majority Leader Joe Fitzgibbon tried by failed to have a rural Adair County school superintendent fraudulently notarize absentee ballots because the school official was worried about a scandal, a Sallisaw man testified Wednesday.
The ballots were later notarized and mailed to the Adair County Election Board, Barney Girdner told a U.S. District Court jury.
Girdner, who was with Fitzgibbon when the lawmaker talked with Cave Springs Superintendent Don Patrick, also testified Fitzgibbon drove Girdner around Adair County so Girdner could deliver “wine and whiskey” to potential voters last year.
Girdner, 46, spent nearly four hours Wednesday testifying in the trial of Fitzgibbon and House Speaker Dan Draper. The legislators are accused of conspiring with Girdner to elect Draper’s father to the Oklahoma Legislature with the help of bogus absentee ballots.
The testimony of Girdner, who has pleaded guilty, was the first in three days to link Fitzgibbon and Draper to the Girdner Family’s absentee ballot operation. Previous witnesses have discussed dealings with Girdner and a myriad of Girdner family members.
Draper was in the Girdner family-owned grocery store Sept. 14, 1982, when absentee ballots were notarized and filled out without some of the persons named on the ballots being present, Girdner testified.
However, Girdner testified he was unsure if Draper knew what was going on in the store’s cramped backroom and that Draper never said anything or questioned what was going on.
When Draper and Girdner met that night Girdner testified he gave 30 ballots to Draper and told him to mail them the next morning.
Girdner also denied defense allegation that he had an agreement with federal officials “to deliver Draper to them.”
Although Girdner was the federal government witness to discuss his involvement with Draper and Fitzgibbon, U.S. Attorney Gary Richardson bristled Wednesday at claim Girdner is the key witness.
“Barney is not the key witness. I will have several more witnesses to testify, but I won’t say what they will testify about,” Richardson said.
Fitzgibbon, a Miami Democrat, has been overshadowed by Draper’s ongoing verbal battle between defense attorney and state Sen. Gene Stipe and Richardson.
On Wednesday, Girdner talked of several meetings he had with Fitzgibbon, whom he called by his first named during testimony.
Girdner testified Fitzgibbon came to his home the Sunday before the Sept. 21, 1982, primary race which Draper’s father was opposed by Larry Adair.
“On Monday we drove around trying to get some support. We also picked up 12 absentee ballots at the store. We went to Cave Springs High School and saw the superintendent,” Girdner testified.
“Joe asked him…if we could notarize the ballots. He said the school couldn’t stand a scandal,” he told the four women and eight men of the jury.
Girdner said they left and went to see L.J. Ketcher, the Cave Springs School Board president, who was married to one of Girdner’s cousins. Ketcher was named as an unindicted co-conspirator in the June 18 indictment of Girdner, Fitzgibbon and Draper.
“We told him we needed a notary…then we went back to the school,” Girdner said.
Ketcher and Fitzgibbon went in with the absentee ballots hidden in a newspaper, while Girdner stayed outside, he testified.
Patrick and Ketcher have been subpoenaed to testify for the prosecution.
Although Girdner didn’t testify about it Wednesday, when he pleaded guilty July 28 he said he and Fitzgibbon mailed the ballots to the Adair County Election Board.
Girdner said he never told Fitzgibbon where the absentee ballots came from and Fitzgibbon never asked.
After Girdner, the government put on six other witnesses who testified about voting irregularities on the part of the Girdner.
The trial resumes at 9a.m. Thursday.
Also, in February interview with a federal postal inspector Girdner quoted Fitzgibbon as telling him they needed all the votes for Draper’s father they “could beg, borrow or steal.”
But Girdner was unable Wednesday to remember Fitzgibbon using the word “steal.” The quote was contained in a government-prepared report on the interview.”
Under cross-examination, Girdner acknowledged he had pleaded guilty in U.S. District Court in 1973 of misapplication of government funds – an Army Reserve meal ticket – and had been forced to resign in the late 1960s from the Oklahoma Highway Patrol for selling drivers license information.
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