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McDougal jurors ask judge about 'innocent reason'
April 8, 1999 LITTLE ROCK, Arkansas (AllPolitics, April 8) -- After its first three hours of deliberations, jurors in the criminal contempt and obstruction case against Whitewater figure Susan McDougal asked the judge Thursday two questions that appear to relate to his jury instructions. One question asked for a definition of "innocence." The other asked if an act can be done "both willfully and voluntarily and by innocent reasons or are they mutually exclusive. " The proceedings adjourned after a full day of deliberations and will reconvene Friday at 9:30 a.m. CT. In response to the jurors note, U.S. District Judge George Howard Jr. referred the jury back to his original instructions. In those instructions the judge said McDougal would be guilty of criminal contempt if she "willfully" violated the court order and didn't act "by accident, mistake or other innocent reason." Mark Geragos, McDougal's attorney, relied on the "innocent reason" instruction in his closing argument. The jury questions appear to indicate they are taking that defense very seriously. The judge also instructed the panel that when they deliberate the two criminal contempt charges against McDougal, they may not consider whether she believed Independent Counsel Ken Starr wanted her to lie in order to "get" President Bill Clinton and his wife. But jurors may consider McDougal's concerns in deciding the single obstruction-of-justice charge. In closing arguments Wednesday, Geragos blasted the tactics of Starr and his team and said it is hard to believe they were not out to get the Clintons. "It's something so offensive for them to say with a straight face they wanted to look to see if they could clear the president. How dumb do they think we are?" Geragos said. For the prosecution, attorney Julie Myers asked jurors, "Who is more credible? Two career federal prosecutors vs. the defendant who is convicted of four felonies?" McDougal was convicted with her husband in 1996 of fraud charges related to their savings and loan and the Whitewater land development in Arkansas. Her current trial stems from her refusal to answer questions before a federal grand jury investigating Clinton and Whitewater. McDougal, along with her late husband, James, was a business partner with Clinton and his wife, Hillary, in the Whitewater real estate venture. She has said she declined to testify because Starr's office wanted her to lie about the Clintons and she feared being charged with perjury if she told the truth. She has already served an 18-month prison sentence for civil contempt involving her refusal to testify before the Whitewater grand jury. Two of Starr's prosecutors, Hickman Ewing and Ray Jahn, testified during the trial that they didn't mistreat or coerce McDougal and only wanted the truth. In her closing argument, Myers portrayed McDougal as a chronic liar and publicity-seeker who reveled in telling a phony story of persecution in TV interviews. "She craved the spotlight. She enjoyed the attention. And that was probably her real reason for not testifying, not those lame excuses," Myers said. 'It's not Burger King'Myers told jurors that McDougal was "the key, she was central to the grand jury investigation. The information she had -- it might have been that someone was innocent or that someone did something wrongfully -- but she had information, no doubt about it." "It's not Burger King. The defendant can't have it her way," Myers said. Myers also said to jurors that McDougal was appreciative when Clinton testified on her behalf in 1996, when she was convicted of fraud related to Whitewater business deals. "But when she had information that according to her would help demonstrate the president's innocence ... she selfishly refused to provide it to the grand jury or anyone," Myers told the jury. Myers said McDougal was a "stubborn women who craved public attention." She also said McDougal knew in advance that she was going to break the law and called the jail the day before her 1996 grand jury appearance to inquire about what she could bring with her. "She knew what she was doing," Myers argued McDougal has testified that her former husband, James McDougal, at one point urged her to say she had sex with the president to mollify prosecutors eager to get Clinton for something and thereby escape further prosecution herself. "This is something you expect to see in the Third Reich," Geragos told the jury. Mrs. McDougal has denied any intimate relationship with Clinton. "If she was the con artist, the liar, that Ms. Myers made her out to be, wouldn't it have been easier to say `I slept with President Clinton?'" Geragos asked. "She could have gotten on any talk show she wanted." He also noted that Mrs. McDougal had already served 18 months in jail for civil contempt because of her refusal to "become a tool for out-of-control prosecutors." Myers called the suggestion that prosecutors wanted McDougal to say she had a relationship with the president "an allegation that's absolutely unbelievable." The Associated Press contributed to this report. |
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MORE STORIES:Thursday, April 8, 1999
• U.S. authorities received tip of possible stolen neutron bomb secrets • Gov. Whitman moves toward Senate race • Poll: More Americans willing to send ground troops to Kosovo • McDougal jurors ask judge about 'innocent reason' • The trials and tribulations of Susan McDougal • Virginia's governor proves to be Web savvy • Rich taxpayers reap more rewards by paying tax bill with credit cards • Bush wins support in two key states • Social Security benefits narrow income gap between elderly men and women • Mayor resigns following arrest on sexual conduct charges • Congress to reconvene next week • Gay rights advocates attack Bush • Senator launches safety probe of school food | ||||