The Tulsa World
Sunday, August 14, 1983
Government Set To Finish Draper, Fitzgibbon Case
By Chuck Ervin
World Capitol Bureau
MUSKOGEE – The government is preparing to wrap up its mail fraud and conspiracy case against House Speaker Dan Draper and Majority Floor Leader Joe Fitzgibbon early this week
As soon as the government rests, defense attorneys Bruce Green and Gene Stipes are expected to ask U.S. District Judge Frank Seay to direct a verdict of acquittal, based on the contention that the government has failed to prove its allegations.
The charges against the two lawmakers are based on accusations that they conspired to have fraudulent absentee ballots cast for Draper’s father – Dan Draper II – in a 1982 Adair County House race.
When the court recessed Friday after a week of testimony, observers were still waiting for U.S. Attorney Gary Richardson to produce a “smoking gun” that would link either Draper or Fitzgibbon to the vote fraud scheme.
The few connections that have been established appear to be tenuous and there was conflicting testimony by key government witnesses.
In testimony Friday, John Girdner, Sallisaw, said that although he had participated in the vote fraud, he had never discussed it with Draper or Fitzgibbon.
He said the only way Draper could have known about the illegal activity was by observing illegal ballots being marked and notarized in a back room of the Girdner Grocery Store at Bunch.
Earlier in the trial, Girdner’s father, Barney Girdner Jr., testified to essentially the same thing.
Both Girdners said Draper visited the back room briefly on one of two occasions while the ballots were being marked and notarized.
Faye Newton, Sallisaw notary, who has admitted illegally notarizing unsigned ballots in the back room of the store, testified Friday, however, that no ballots were being marked or notarized at the time Draper made his appearance.
That testimony is considered crucial, since almost all the allegations against Draper are based on the activities under way at the store while he was there.
John Girdner testified Friday that his father handed Draper a paper sack full of absentee ballots, some unsealed, and told him to mail them whenever he wished.
The elder Girdner had testified that he never discussed any of the illegal activities with Draper or Fitzgibbon and didn’t know if they were aware of what was going on. He said Fitzgibbon had accompanied him to the Cave Springs School, where some of the absentee ballots were notarized.
Expected to be among the government’s witnesses Monday are Dan Patrick, the school superintendent, who reportedly refused to allow the ballots to be notarized there, stating that the school “couldn’t afford a scandal.”
Earlier federal grand jury testimony indicated that Girdner and Fitzgibbon received assistance from school board president L.J. Ketcher and later had the ballots notarized at the school despite Patrick’s objections.
Ketcher also is expected to be called as a witness by the government.
Also among the few government witnesses remaining to be called are Dode Girdner, Barney Girdner’s mother, and Ruth Ann Hembree, his sister.
Mrs. Girdner has admitted her part in the scheme and was allowed to plead guilty to a misdemeanor in exchange for her testimony.
The government agreed not to prosecute Mrs. Hembree after her brother pleaded guilty to one count of conspiracy and to testify against Draper and Fitzgibbon.
Mrs. Hembree also was in the back room of the store and participated in marking the absentee ballots, according to John Girdner’s testimony.
The government also may call one or more postal inspectors who investigated the voting fraud scheme.
Richardson, who subpoenaed 37 witnesses, has put more than 40 on the witness stand.
Most of them were absentee voters, who testified that their votes were solicited and, in some cases, their names forged by members of the Girdner family.
None of them linked Draper or Fitzgibbon to the plot. In fact, all of them testified that they had never met or spoken to the two lawmakers.
Many of the remaining witnesses are absentee voters, although it appears that most will not be required to testify.
If Seay turns down the defense attorneys’ motion for a directed verdict of acquittal. Stipe and Green are expected to begin their case Tuesday or Wednesday by calling character witnesses on behalf of their clients.
Among those scheduled to be called are Gov. George Nigh and U.S. Rep. Wes Watkins, D-Ada.
The defense also may call a series of witnesses designed to impeach the testimony of Barney and John Girdner.
Also ready to testify is Draper’s father. Many of the irregularities Barney Girdner. After losing in the primary election, Girdner agreed to support the elder Draper in the runoff.
The prosecution is alleging that many of the illegal ballots used in Girdner’s primary were later used in the senior Draper’s runoff race, which he lost to the current incumbent, Larry Adair.
Two names that surfaced earlier in the trial were Ginger Brown and Kay Hendren. Both are former secretaries for one of Richardson’s assistants – Rex Earl Starr.
Starr was a part-time assistant Adair County district attorney before joining Richardson’s staff. Brown worked for Starr in his private law office and Hendren was a secretary in the district attorney’s office.
Two absentee voters testified that they were not present when …. Be called as witnesses by the defense.
Also testifying Friday was Caroll Parris, Sallisaw, who admitted notarizing ballots without having witnessed them being signed by the voters.
Her husband, Bob, a Sallisaw accountant and a former House member who served with Draper and Fitzgibbon, also testified.
Parris denied having told his wife to concoct a false story to tell postal inspectors and said he had to “calm her down” after the inspectors “threatened to send her to prison for five years.”
Parris, who arranged for Mrs. Newton to notarize ballots, said the speaker told him that he was aware that a federal investigation was under way on absentee voting.
Back
