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New Draper Trial Opposed
MUSKOGEE (AP) – Government prosecutors on Tuesday asked U.S. District Judge Frank Seay to deny a request By Dan Draper and Joe Fitzgibbon for a new trial or a reversal of their vote fraud convictions.
In a 68-page response to defense motions filed late last month, prosecutors denied allegations of misconduct during the nine-day trial in Muskogee and the federal grand jury investigation that led to the lawmakers’ indictments.
Draper and Fitzgibbon were suspended from their posts as speaker and majority floor leader in the Oklahoma House of Representatives after their convictions.
Attorneys for Draper and Fitzgibbon argued U.S. Attorney Gary Richardson had mad improper trial arguments, statements to the press and acted improperly in secret grand jury sessions.
The attorneys also alleged that there was jury misconduct, a lack of evidence, confusing testimony given jurors and that a defense witness was intimidated by the prosecutor.
The government said Draper and Fitzgibbon entered into a “classic case of conspiracy” to rig absentee ballots cast in a legislative race last year in Adair County. Draper’s father was an unsuccessful candidate in the race.
Draper was found guilty of a single conspiracy charge and 10 mail fraud charges involving absentee ballots sent through U.S. Mails. Fitzgibbon was found guilty of eight mail fraud charges and acquitted of one mail fraud charge.
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