Muskogee Daily Phoenix
Friday, August12, 1983
Jury is a diverse group
By Jim East
Phoenix Staff Writer
Dan Draper and Joe Fitzgibbon have repeatedly left their futures in the hands of other people – the electorate of Stillwater and Miami, the tow cities they represent in the Oklahoma Legislature.
On Monday, the two lawmakers found their personal and political futures in the hands of a different group-a U.S. District Court jury.
Those 12 people from eastern and southeastern Oklahoma will decide during the next two weeks the truth of a 21-count vote fraud indictment against Draper and Fitzgibbon.
The four women and eight men are diverse in background. One is a Department of Human Services social worker in Antlers. Another a butcher from Seminole and another cuts hair in a Wisteria barber shop. There are homemakers from Council Hill and Eufaula, a Tahlequah laborer and a Hulbert school teacher.
They also include two jurors who previously sat in judgment of county commissioners.
The 12 were selected after an hour and a half of questioning by U.S. District Judge Frank Seay, who took longer than usual in selecting the panel and who personally dismissed several people from jury duty when there was a hint of conflict.
“Yes, I know one of the attorneys,” one prospective juror responded to a question. “I did write Mr. Stipe a letter once offering him my support” when the McAlester senator and Fitzgibbon attorney ran for office.
Her answer prompted another question from Seay’ Would her knowing Stipe affect her judgment in the case?
The juror said no because she never got involved in the campaign..
“He obviously didn’t want or think he needed my support because he didn’t answer,” she said, prompting the only laughter of the day.
She, like several others in the group of 62 prospective jurors, was excused from jury duty.
“We not only want to be fair, we want an absolutely spotless appearance,” Seay said. “We have plenty of jurors to pick from.”
During the morning 28 prospective jurors were questioned. U.S. Attorney Gary Richardson excused six, Stipe and defense attorney Bruce Green used three of their 10 jury challenges, and Seay dismissed the remainder.
Those dismissed included a deputy county treasurer in Adair County, the county where postal inspectors have centered their vote probe; two U.S. Postal Service employees; and the wife of a man who works for Stipes’s law firm.
The bulk of Seay’s questioning concerned pre-trial publicity.
“There has been considerable publicity in this case. But you should remember the reporters who report the stories-were not under oath,” the judge said.
Most had heard about the investigation though none said they had formed an opinion about Draper or Fitzgibbon. The final 12 were admonished from reading or viewing any news reports about the trial while they were on jury duty.
“You might have your spouse or a friend cut them out of the paper before you read it. It might be an interesting experience after the trial to see how accurate they were.”
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