Tulsa World
Thursday, August 18, 1983
Fitzgibbon Says He Didn’t Know of Scheme
Defendant Denies Role in Adair County Vote Fraud Case
By Chuck Ervin
World Capitol Bureau
MUSKOGEE – House Majority Leader Joe Fitzgibbon took the witness stand in federal court here Wednesday and emphatically denied he had any part in an Adair County voting fraud scheme.
Fitzgibbon, a Miami Democrat, is accused along with House Speaker Dan Draper of conspiring with others to obtain fraudulent absentee ballots for Draper’s father – Dan Draper II – in a 1982 Adair County House race.
Fitzgibbon is named in the single conspiracy charge and nine accusations of mail fraud.
In a series of terse answers to questions by defense attorney Gene Stipe, Fitzgibbon denied any knowledge of the scheme. He also said he never discussed absentee ballots with Barney Girdner or members of Girdner’s family.
Girdner, an unsuccessful candidate in the 1982 primary election, his son, John, his mother, Dode Girdner, and sister, Ruth Ann Hembree, have admitted taking part in fraudulent absentee voting.
The government alleges Fitzgibbon and Draper conspired with the Girdners to have the fraudulent ballots cast for Draper’s father in the runoff primary. The elder Draper, who is accused of no wrongdoing, lost the election although he received a number of absentee votes from persons who voted for Girdner in the primary.
“Did you enter into any agreement, conspire or scheme to do anything with absentee ballots?” Stipe asked.
“No, I did not,” Fitzgibbon replied.
Fitzgibbon also testified he had never handled any absentee ballots and denied he had even seen any absentee ballots.
There was a direct conflict between Fitzgibbon’s testimony and the testimony of earlier government witnesses, however.
Cave Springs School Superintendent Don Patrick testified earlier that he refused a request to have Linda Crittenden, the school’s financial secretary, notarize absentee ballots, when Fitzgibbon and Barney Girdner appeared at the school.
“The school couldn’t afford a scandal. Boys, this is shaky,” Patrick said was his reply, when he was asked to provide a notary.
He said he spoke to Girdner but that Fitzgibbon seated nearby and heard his answer.
Fitzgibbon testified under cross-examination by Assistant U.S. Attorney Donn Baker Wednesday that he heard no such conversation.
Fitzgibbon said he had accompanied Girdner to Patrick’s office but stated he was unable to hear the conversation between the two men because of noise and confusion in the office.
The difference in Fitzgibbon’s and Patrick’s testimony and how it is regarded by the jury is important because the basis of the government’s case against Fitzgibbon involve his actions at the school.
Fitzgibbon said he is unfamiliar with absentee balloting procedures and added there was never any specific conversation between him and anyone else about absentees.
He said that while he and Girdner were driving through a portion of House District 86 in southern Adair County, campaigning for Draper’s father, Girdner remarked he might be able to obtain the vote of “one of his kin, if he could find a notary.”
He said the two drove to the home of Girdner’s cousin by marriage, L.J. Ketcher, who also is the Cave Springs school board president. Ketcher then accompanied them back to the school, but Fitzgibbon said he never saw an absentee ballot.
Government prosecutors contend Girdner had 12 absentee ballots wrapped up in a newspaper.
Fitzgibbon said he entered the school with Ketcher but only to use the restroom. He said he left the school immediately afterward and never saw Mrs. Crittenden or went near her office.
She testified earlier that Ketcher brought the ballots to her office to be notarized, that Girdner stood in the doorway and that another man she later learned was Fitzgibbon was in the hallway outside.
Ketcher testified previously that Fitzgibbon went to the restroom at the school but asked him later outside “how I done.”
“Did you ask Mr. Ketcher, “Did you get it done?” Baker asked Fitzgibbon.
“I might have,” Fitzgibbon said, “I don’t recall.”
“Why would you have said that?” Barker asked.
“I don’t recall saying it,” Fitzgibbon said.
Baker also bore down on Fitzgibbon when the lawmaker said he had not heard the conversation earlier at the school between Girdner and Patrick.
“Is there something wrong with your hearing?” Baker asked.
Fitzgibbon said telephones were ringing at the time and there was other noise in the office.
“I don’t recall the conversation,” he said.
He also denied seeing Girdner carry a newspaper into the school.
Baker also asked Fitzgibbon if he didn’t think it was strange that Girdner and former Ottawa County District Attorney Frank Grayson, both of whom live in Sequoyah County, voted in an Adair County race.
Fitzgibbon said he didn’t know where their permanent residences were.
“Didn’t you care?” Baker asked.
“You weren’t concerned about anything were you?” Baker asked.
“I was a stranger,” Fitzgibbon said, “I didn’t know these people. Barney was the one talking to them.”
He also denied he or Girdner had purchased any alcohol.
Girdner testified earlier in the eight-day trial that he and Fitzgibbon bought a quantity of whiskey and wine, which was distributed to voters.
Fitzgibbon testified that after leaving the Cave Springs School for the second time, he and Girdner dropped Ketcher at his home and then drove to Stilwell. He said Girdner left to run an errand while he campaigned downtown.
“Do you think he snuck off to mail the absentees?’ Baker asked.
“I don’t know where he was,” Fitzgibbon said
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