Symington Trial Juror Is Replaced

PHOENIX — After seven days of deliberations in Gov. Fife Symington’s federal fraud trial, an alternate juror Wednesday replaced a woman who was dismissed from the panel allegedly because she was an obstruction in the jury room.

Given that the jurors have already started reviewing 1,400 documents while considering the 21 felony counts facing the two-term Republican, U.S. District Judge Roger Strand had wanted to proceed with an 11-member panel, which is permissible under federal rules.

“There is no way to nullify the impact of what has already occurred in the jury room,” Strand warned Symington and his lead defense attorney, John Dowd, who specializes in white-collar crime. “A new juror,” he added, “would be somewhat intimidated by the others by virtue of being the newcomer.”

After a brief huddle with his lawyers, Symington waived his right to have the case continue with 11 jurors. A few hours later, the alternate--a reservations supervisor for Alaska Airlines--was brought in and deliberations began anew.

Symington, however, reserved the right to appeal Strand’s order dismissing 74-year-old Mary Jane Cotey, a retired bookkeeper and former Republican precinct committeewoman who reportedly was leaning toward acquitting the governor on all counts.

In an interview with the Tribune of Arizona, Cotey alleged that she was forced out because other jurors believed that she was an obstruction. For example, Cotey said, she frustrated some jurors by refusing to participate in straw polls or to negotiate over the charges to reach a consensus.

“This juror refused to trade her vote,” Dowd said in court.

The day before, Strand dismissed Cotey for what he called “good and legal cause” after polling the jury members. He did not elaborate on his decision. Wednesday, Strand turned down a defense motion to force Cotey to explain her positions on the stand.

Symington, 51, who is bankrupt, was charged with multiple counts of bank fraud, attempted extortion and perjury after a five-year probe by the U.S. attorney’s office in Los Angeles. If convicted on even one of those charges, he would be forced out of office and could go to prison.

In closing arguments in the 13-week trial, federal prosecutors accused the former developer of inflating his assets on financial documents when he wanted loans, and understating them when he wanted concessions.

Symington allegedly used his Eastern blueblood heritage to trick lenders into believing that he was trustworthy and successful, prosecutors said. Prosecutors argued that it was all part of an effort to keep his failing construction projects afloat during a real estate crash in the early 1990s.

Symington, in his own testimony on the stand and through Dowd, insisted that while mistakes and omissions riddled his financial documents, they were not intentional.

He also blamed his accountants for failing to correct errors in the financial statements sent to lenders.