Tulsa World
Saturday, August 20, 1983
A Stunning Verdict
Whatever legal and moral lessons may be deduced from the vote fraud conspiracy conviction of House Speaker Dan Draper and Majority Floor Leader Joe Fitzgibbon, one thing is obvious. The verdict of the U.S. District Court in Muskogee Thursday was a stunning event that will shake Oklahoma state government to its roots.
Draper’s departure will leave a huge power vacuum at the State Capitol. The rush to fill it promises Oklahoma new political drama and disruption. Stand by.
For the moment, however, Oklahomans are still preoccupied with the trial. Looking back over the tragic drama, what can be said of the performance of the principal players?
First the defendants, Draper and Fitzgibbon made their big mistake by getting involved, even obliquely, with an obviously smelly absentee ballot scheme. They were convicted in part on the evidence of confessed liars and vote sellers. Lawyers disputed much of this evidence as unbelievable or legally unacceptable. These and other legal questions about the evidence and the rights of the defendants will surely be tested on appeal. But the jury was advised to use “common sense.” Its members simply refused to believe –regardless of legal distinctions argued by lawyers – that the two legislators could be involved in the vote scheme without criminal knowledge.
Next, U.S. Atty. Gary Richardson. His conviction of two famous politicians is a notable achievement. He paid heavy – and questionable - price. He gave the jury overwhelming evidence of a longstanding vote fraud conspiracy centered on an Adair county political hack named Barney Girdner Jr. The absentee ballot operation was so sleazy and contemptuous of law it sickened even the most cynical observers of Eastern Oklahoma politics. It had existed for years before Draper and Fitzgibbon showed up to seek Girdner’s help for Draper’s father in a 1982 legislative run-off race. But…
All of the main organizers and operators of this shabby business – Girdner and his cronies and kinsmen – were let off with reduced charges or exempt entirely from prosecution in exchange for their testimony against the two headliners.
Of course, Draper and Fitzgibbon were in positions of high public trust. Girner and Co. were not. This makes a big difference.
But it also raises serious questions about the extent to which a prosecutor should go in freeing known criminals without punishment in the hope of catching bigger fish. Trading for state’s evidence is a common practice. But how far it can be carried without defeating justice and fairness is a matter of judgment.
And the defense attorneys, Bruce Green and Sen. Gene Stipe. These two talented advocates may have made a tactical error by emphasizing alleged political motives against Richardson, a Republican, for prosecuting two well-known Democrats. The jury didn’t buy it. They might have better served their clients by bearing down on the presumption of innocence and the importance of giving defendants the benefit of reasonable doubt.
Finally, for all of its political, legal and public importance, this affair is a personal tragedy for two men who whatever their guilt or failings, have long records of public service and accomplishment. Dan Draper and Joe Fitzgibbon have been to the mountaintop. Now they have been brought down in stern judgment.
Whatever may be said of the official aspects of this affair, at the personal level it is a heartbreaker.
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