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Simon Suspects Democratic Jurors Tainted Fraud Verdict
California Journal ^
| September 13, 2002
| David Lesher
Posted on 09/13/2002 7:28:52 AM PDT by snopercod
Bill Simon, the Republican nominee for governor, spoke with CaliforniaJournal recently for a story to be published in the magazine's special election issue this October. In that story the governor and a broad arrayof other state leaders and politicians examine the current race for governorand the state of politics in California today. Here, California Journal offers a timely sample of the coverage that will appear in its October special issue.
SACRAMENTO-Bill Simon said in a recent interview with California Journal that some of the jurors who found hisfamily company guilty of fraud earlier this summer were Democrats who may have been influenced by his Republican campaign for governor.
"It could be possible," he said. "Occassionally, there are outlandish jury verdicts. Was this a politically motivated verdict?I don't know. But it is not founded on the facts."
Simon spoke with the magazine before a Los Angeles judge Thursday overturned the jury's unanimous finding that William E. Simon and Sons defrauded a former business partner, who also turned out to be a convicted drug dealer.
Campaign officials said the candidate's suspicions about the jury were based on interviews with jurors conducted by attorneys for William E. Simon and Sons after the verdict.
Attorney John Morrissey told California Journal that the jurors said their decision was not influenced by politics. Buthe also said they had seen campaign television commercials by the time the trial started in July. And he said they identified one juror who was active in Democratic politics and had strong feelings about the court case.
"In many ways, she apparently drove the conversation,"he said. "How big a part of [the verdict] it is, I don't know."
Morrissey did not reveal the identity of the juror and he said the lawyers did not interview her. But during the juryselection process, he said she described herself as a "politically active" college graduate student. He said she had experience on ballot measure campaigns and she assisted a college professor working on the recent Democratic reapportionment process.
Morrissey was not involved in the jury selection for the case and he did not know why the individual juror was not excused by attorneys for the Simon firm. He speculated that the lawyers may havereached their limit on how many prospective jurors they were allowed torule out.
Morrissey also said his notes from the jury selection process did not identify how many jurors were registered as Democratsor Republicans, which he said is a customary question during a trial likethis one.
While the jurors said their decision was not influenced by politics, Morrissey said, "for whatever reason … [jurors] saw this as big guys versus little guys-and they saw Simon and Sons as the big guy."
Last July, the jury found that William E. Simon and Sons concealed from the founder of a Southern California payphone company its plans to borrow heavily and expand the company so it could go public. The plan failed and the company was taken over by banks, costing the partner, Edward Hindelang, $23 million. The jury ordered Simon's firm to pay $78 million.
Los Angeles Superior Court Judge James C. Chalfant overturned the jury verdict because he said Hindelang "defrauded" Simon's firm and other investors by not disclosing his previous drug conviction and the fact that federal authorities were attempting to recover drug money, some of which may have been used to found the phone company.
Simon's suspicions about the jury were not the only political fingers pointed at this court case, however.
Campaign aides to Governor Gray Davis reacted to the judge's decision by noting that Chalfant was appointed by former Republican Governor Pete Wilson and that he and his wife and father have been contributors to GOP campaigns, including Wilson's. Garry South, chief strategist for Davis, stopped short of saying the decision was politically motivated.
"I'll let you decide," he said.
TOPICS: Front Page News; News/Current Events; Politics/Elections; US: California
KEYWORDS: calgov2002; democrats; jebbushsucks; jury; simon; votemcbride
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To: Ernest_at_the_Beach
I see that
liberallarry a.k.a
LewisLynn is back. I can't recall the third double-L screen name he/she/it goes by.
Davis must have released the flying monkeys en masse after this reversal. "Fly, my pretties!!!"
To: liberallarry
"crooked?" Either you can't read or you refuse to accept the obvious. I have detailed the inaccuracies of the L.A. Times reporting of the jury trial from August 24 and the judge has reversed the verdict yesterday so you best find some FACTS that support your accusation or keep your slanderous remarks to yourself, sir. I spent quite a bit of my time proving to you that the left media was bias in it's reporting. I certainly don't want to have to repeat myself or listen to a lot of loose tongue.
82
posted on
09/13/2002 12:27:57 PM PDT
by
kellynla
To: liberallarry
Larry, now take a deep breath.
If it weren't for the massive and constant donations from the ACLU Leftist Trial Lawers, the Rat party would never have enough money to do what they do.
If it wasn't for the leftist trial lawyers and their butt buddy judges, 90% of what you guys call rights would have never seen the light of day. That is how you guys work 24/7 to destroy our constitution is via your leftist trial lawyers and their butt buddy judges.
This is why your heroes, Leaky Leahy and Da$$hole are keeping GW's judicial candidates from becoming judges. You guys know that when we get about 300 new Federal Conservative Judges appointed, your control of the judiciary system in America is gone.
The Rat Party is financed and controlled by the left wing trial lawyers, without them, you guys would be as weak as some of the third parties trying to get a % of the vote.
The watermelon green jihadists could never practice rural cleansing if not for their trial lawyers and enviro card carrying judges accepting their bad science and lies to rurally cleanse more Americans.
Hey have a nice weekend!
To: snopercod
I am not in fear of my stong and dedicated Republican credentials when I suggest that such an argument is absurd. The Democrats, as unworthy as some of them may be, are not responsible for all the world's ills. If the case at trial was flawed by a judge's faulty instructions and rulings on evidence, or if the jury's verdict was based upon inadmissible evidence or improperly allowed counsel argument then it becomes the appellate court's duty to reverse it.
There is no Democrat or Republican methodology to the trial of a lawsuit or any of a trial's components. That is mere hyperbole and fervent wishful assertion. Is there political mileage to be realized by tagging the trial as political???? Well then, by all means do so.. How juvenile and desperate can a political candidate and a party be? That rhetorical question answers itself by this claim.
84
posted on
09/13/2002 12:34:16 PM PDT
by
middie
To: liberallarry
His campaign has had no help from the money people controlling the money in the Republican circles!
Cary_Okie has some great references on that!
I'll see if I can find them.
Not all of the following really address the topic here, but many do. Too much work to sort them out , titles indicate , usually, the ones that apply!
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To: snopercod
Check back in when you get a chance!
To: liberallarry
"2) Simon's concealment of his plan to charge 1.5 million was "sharp" business practice but not illegal. Inotherwords, it was quite legal to defraud Hindelang"Sorry. The article (or your take on the decision) is incorrect then. In Simon's counter suite, what he has stated all along is that he did NOT conceal the charges. Hindelang was well aware of the transaction and commission, and haf known for weeks.
Hindelang may have ruined his case and set the outcome when he finally admitted something to that effect in public.
Simon's business transaction was normal business practice.
Defrauding anyone may be "common", but, in front of a court of law, it is "ILLEGAL." If Simon HAD defrauded Hindeland, the verdict wouldn't have been overturned.
Simon, after all, IS a Republican in La La Lefty Land, where the interpretation of "is" in a legal sense is a fine art form. Democrats LOVE the legal system. They use it all the time to their advantage.
To: snopercod
we also have another candidate ID and that is Torie!
Think I'll check on that!
To: Ernest_at_the_Beach
BUMP!
To: middie
I was hoping someone would bring up this question.
Has our legal system degraded to the point where we have "Democrat Justice", "Republican Justice" analagous to the "Proletariat Justice" and "Bourgoise Justice" of the former Soviet Union?
Whatever happened to just plain old "Blind Justice"?
To: snopercod
To: snopercod; Torie
ping!
To: liberallarry
Here is the Wall St. Journal story from 1998 that precipitated Hindelang's exit from the firm he founded.
"...Due diligence by auditor Deloitte & Touche turned up nothing unusual. ...Mr. Hindelang seemed such a straight arrow that no one would have suspected a criminal past. Mr. Hindelang's convictions, more than a decade old, didn't pop up on a routine sweep of public records."
As to your positions on this election, well, you'll get no argument from me on Davis. But you're letting the LA Times infect you with their bias on Simon. It's one thing to disagree with his stances on issues, but inept and crooked he's not.
To: liberallarry
Correction: the WSJ article I linked-to was from 1999, describing events in late 1998.
To: snopercod
Whatever happened to just plain old "Blind Justice"?
Ask O.J.
To: liberallarry
By the way, the judge ordered Hindelang to pay Simon & Sons $125,000 --which just happens to equate to what they spent on the Deloitte & Touche due-diligence run.
Poetic!
To: liberallarry
Why hasn't Simon sued them?
Good question. I don't know, of course, but would conjecture it probably relates to either (1) the fine-print terms of the due diligence contract, or more powerfully (2) the necessary backscratching relationship between a VC and the big accounting firms. After all, VCs usually strive to recoup their investment by taking companies public. Can't have the accounting fraternity pissed at you just because they missed a rat and still cashed your $125k check. Given that VCs tend to see maybe one out of a hundred ventures succeed, any incremental risk would be highly distasteful.
To: RightOnTheLeftCoast
"If de glub don' fit, yuh must acquit". Sheesh...
No jury trial for me.
To: snopercod
Hanky panky, all right! Go, Simon!!!!!!!
To: Ernest_at_the_Beach
Thanks Ernest! It's a dirty job but somebody's got to do it. LOL
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