Muskogee Daily Phoenix
Tuesday August 16, 1983
Government rests its case
Lawmaker linked to school official who helped get ballots notarized
By Jim East
Phoenix Staff Writer
House Majority Floor Leader Joe Fitzgibbon was present when Cave Springs School Superintendent Don Patrick refused to let his secretary notarize absentee ballots because he feared a scandal, Patrick testified Monday.
The 12 ballots were notarized later the same day with the help of Cave Springs School Board President L.J. Ketcher, who testified Fitzgibbon asked him whether he got the notarizations after Ketcher exited the school with the ballots wrapped in a newspaper.
Patrick and Ketcher confirmed much of the testimony Adair County politico Barney Girdner gave last week in the vote fraud trial of Fitzgibbon and House Speaker Dan Draper.
The government rested its case against the defendants Monday after 52 witnesses. Defense attorney asked U.S. District Judge Frank Seay to dismiss the 21-count indictment against their clients because of a lack of evidence.
Seay took the motions under advisement. He is not expected to rule immediately.
The defense plans to take one day to present its case. Draper and Fitzgibbon are expected to take the witness stand and Gov. George Nigh has been subpoenaed as a character witness for Draper.
Draper and Fitzgibbon are accused of mailing about 50 illegal absentee ballots in a 1982 race for House District 86 in which Draper’s father, Dan Draper II was an unsuccessful candidate.
Included were the 12 absentee ballots the government contends were fraudulently notarized in the Cave Springs School.
Patrick who has been superintendent five years, testified Girdner and someone he later learned to be Fitzgibbon came to his school office Sept. 20, 1982, looking for a notary public.
The runoff election between the elder Draper and Larry Adair was the following day. Adair won.
Patrick said he was unsure who asked for the notary, but believed it was Fitzgibbon.
“I believe that is where I told Barney the school could not afford a scandal,” Patrick testified.
“Were you just talking to Barney?” U.S. Attorney Gary Richardson asked.
“I think at that point I had turned toward Barney,” Patrick answered.
He said Fitzgibbon was in the small office at the time of his statement, but he never saw any ballots.
Patrick also testified Girdner, who has pleaded guilty to conspiring with Draper and Fitzgibbon, did not have a good reputation for telling the truth.
Ketcher, of Stilwell, testified Monday that Fitzgibbon and Girdner came to his house on Sept. 20 and that Girdner asked him to help find a notary public.
Ketcher said the three drove to the school and that he went into the office of school secretary Linda Crittenden and had her notarize the ballots.
When he brought the ballots back to the car, Ketcher said he was asked if he had been able to get the ballots notarized. “It was Joe that asked….
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