Firm News

Muskogee Daily Phoenix

Friday August 19, 1983

Draper, Fitzgibbon guilty of vote fraud

‘We’re still somewhat in shock’

By Betty Smith
Phoenix Staff Writer

    Muskogee-area members of the Oklahoma House expressed surprise Thursday after the conviction of two of their colleague, Dan Draper and Joe Fitzgibbon, in federal court here.
    Already some are turning their eyes to the upcoming Democratic caucus which will be called to determine who will follow Draper in the speaker’s chair.
     “We’re somewhat still in shock,” said Rep. Jim Barker, D-Muskogee, minutes after the conviction.
    “The entire incident has been very unfortunate,” Barker said.  “It has brought cloud over those of us that serve in public office.  Even worse, it has damaged our faith in the fact that we can have true and accurate elections in Oklahoma.  I think the whole situation is a very, very sad day for Oklahoma.”
    Barker, Rep. John Monks, D-Muskogee and Rep David Riggs, D-Tulsa, are leading contenders to replace Draper, who was in his third two-year term as speaker.  Barker and Riggs have been soliciting support from colleagues, and Monks said he would begin campaigning for the job in earnest when he returns this week from Army Reserve duty in Fort Chaffee, Ark.
    “Personally, my plans will be to continue with exactly what I have been doing for the past several weeks, and that is to continue campaigning for election as speaker,”

By Jim East
Phoenix Staff Writer

            House Speaker Dan Draper and his legislative lieutenant Hose Majority Floor Leader Joe Fitzgibbon, were found guilty Thursday night of scheming to rig an Adair County election to benefit Draper’s father.

            The verdict came after seven hours of deliberations, although a juror said the panel made its decision in about two hours.  The last five hours involved reading a mountain of evidence submitted over nine days of trial in U.S. District Court in Muskogee.

            For Draper, a Stillwater Democrat who once had gubernatorial aspirations, the verdict likely ends his already dampened political future.  He is expected to be forced to resign or be suspended from office if the case is appealed.

            Fitzgibbon, a Miami Democrat, awaits the same fate.

            The two powerful legislators also face the possibility of lengthy prison sentences and fines-Draper a maximum of 55 years and 45 for Fitzgibbon. They will be sentenced in about a month.

            The defendants showed no emotion as Deputy Court Clerk Neal Apple cleared her throat and began to pronounce the jury’s decision.  Draper’s wife, Mary Lee, shook her head in disbelief, while Fitzgibbon’s wife, Pearl Ann, sat silently in a front-row bench.

            Draper’s father was not in the courtroom when the verdict was announced.

            The verdict surprised almost everyone.  Even the prosecutors weren’t showing their usual high expectations before jury foreman Harvey Young read the verdict at 8:30 p.m.

            But in the small jury room, the eight men and four women had made up their minds shortly after they began their deliberations at 1:06 p.m.

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