Sapulpa Daily Herald (Sapulpa, Okla.), Vol. 70, No. 216, Ed. 1 Wednesday, May 23, 1984 Page: 3 of 18
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Sapulpa (OkU.) Herald. Wednesday. May 23, I MM—PAGE THREE-A
Draper, Fitzgibbon may face fight to get jobs
OKLAHOMA CITY (AP)
— Former House Speaker
Dan Draper and former
Majority Leader Joe Fit-
zgibbon planned to reclaim
their legislative seats to-
day, amid talk of an ouster
move against them.
Tuesday’s ruling by a
federal judge in Muskogee,
awarding the two men a
new trial on vote fraud
charges, triggered an un-
precedented series of
events in the House.
They included the im-
mediate lass of voting
privileges of the two men
chosen at special elections
to fill the seats previously
occupied by Draper, D-
Stillwater, and Fitzgibbon,
D-Miami.
Rep. Howard Cotner, D-
Altus, said an ouster
resolution was being
drafted but declined to say
who would be the author.
He said he would support
the move.
“It’s a unique situation,"
said Cotner. “It’s one that
hasn't been resolved yet
and we’re going to make
history."
Larry Gish of Stillwater
— who replaced Draper—
and Larry Roberts of
Miami - FiUgibbon’s
replacement — said they
were not surprised by U S.
District Judge Frank
Seay's decision.
They were informed by
House Speaker Jim Barker
that according to the con-
stitution and an interprets
tion by the attorney
general's office, they must
relinquish their House
posts to make way for
Draper and Fitzgibbon.
Both Draper and Fitzgib-
bon said they would be at
the Capitol today to
reclaim their seats.
Seay’s ruling came down
Tuesday as the House was
in session
Soon afterward, rumors
began circulating that an
effort would be made to br-
ing ouster proceedings
against the two former
Democratic House leaders
Rep Frank Davis, R-
Guthrie, minority floor
leader, said he agreed the
two had been suspended
and were entitled to their
House seats back under the
constitution.
He said House
Republicans would caucus
today and discuss their
position on any ouster
move.
In Stillwater, Draper
said he was “very pleased"
with the ruling.
“The last 15 months have
been a total nightmare,"
Draper said. “I’m pleased
that Judge Seay has
recognized that Gary
Richardson and Donn
Baker (U.S.- prosecutors)
made a total sham of the
court.”
In Miami, Fitzgibbon
said he had “been ready for
some good news."
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Judge’s retrial order surprises
MUSKOGEE, Okla.
(AP) - A federal judge,
citing “recantations and in-
stances of prosecutorial
impropriety" has ordered
a new trial for former
House Speaker Dan Draper
and former Majority
Leader Joe Fitzgibbon.
But U.S. Attorney Gary
Richardson, who suc-
cessfully prosecuted the
legislators in August 1963
for mail fraud in an Adair
County legislative race,
said it may be pointless to
try Draper and Fitzgibbon
again.
U.S. District Judge
Frank Seay, who presided
over the trial and a hearing
on a defense motion to toss
out the convictions, filed
the bombshell order Tues-
day afternoon.
The order cleared the
way for the suspended
legislators to return to the
House today after missing
all but the final hours of the
1964 session.
A "greatly surprised”
Richardson said he was
conferring with Justice
Department attorneys
about the feasibility of try-
ing the Democratic
legislators again on the
charges.
“A lot of things have to
be taken into consideration
in deciding whether there
can be a successful pro-
secution,” Richardson
said, noting hostility
toward the government of
key witnesses. “I think the
attitude of most people in
Oklahoma would be 'Why
try it again?"’
Richardson, who said he
was “obviously disap-
pointed,” said he would
"hate to place a percen-
tage" on the odds of the
case going to trial again.
“It doesn’t look as
favorable as it did in the
beginning," Richardson
. said.
Draper and Fitzgibbon
both said they were "pleas-
ed" with Seay’s order.
They were suspended from
office after their convic-
tions, and elections were
held to replace them.
Draper also was suspended
from the practice of law.
The lawmakers were
sentenced to three years in
prison but have remained
free on appeal.
Draper, 43, of Stillwater
said the last few months
were “like a total
nightmare."
“I’ve been ready for
some good news,” said Fit-
zgibbon, 45, of Miami.
Richardson, who said “I
personally believe justice
was done” in the trial, said
a decision about whether to
prosecute the legislators
again would be reached
after a trial date is set.
Seay said trial dates
were available next month
and in-July, and that he
assumed he would again
preside over the case.
Richardson said pro-
secutors have the option of
dismissing charges against
one or both of the
legislators. He pointed out
that Seay’s ruling cannot
be appealed.
In the 17-page order,
Seay focused on the
recanted testimony of Ruth
Ann Hembree and
members of her family
The judge said he relied on
a federal court guideline
that requires a new trial
"when the court finds that
without the false testimony
the jury ’might’ have
reached a different conclu-
sion."
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Reagan doesn’t plan troops in hot spots
WASHINGTON (AP) -
President Reagan says
he’s not preparing to send
American troops to war in
Central American or the
Persian Gulf, although he
is pledging to keep the gulf
open to oil tankers despite
the brewing crisis in the
region.
However, when pressed,
the president refused to
unequivocally rule out the
possibility of sending U.S.
forces to either region.
At a nationally broadcast
news conference
dominated by foreign
policy questions Tuesday
night, the president also
said:
—The Soviet Union may
not return to the nuclear
arms reduction bargaining
table until after the
November presidential
election, but he is not will-
ing to make any concession
to get them back earlier.
—He doesn’t believe the
United States and Soviet
Union are any closer to a
“confrontation that could
lead to a nuclear conflagra-
tion” than before he took
office.
—He doesn’t foresee an
impending recession,
despite the rise in interest
rates. “There are always
some pessimists out
there,” Reagan complain-
ed.
—The increase in the
number of Soviet sub-
marines off U.S. shores
doesn't worry him. “If I
thought there was some
reason to be concerned
about them, I wouldn’t be
sleeping in this house
tonight,” he said.
—“I just hope and pray
that the Soviet Union will
do the humane thing” and
allow Yelena Bonner, the
wife of Soviet dissident An-
drei Sakharov, to seek
treatment of heart and eye
ailments in another coun-
try.
During the East Room
session, the president was
asked about the likelihood
that U.S. servicemen would
become involved in a war
in the Middle East, where
Iran and Iraq are at war
and have attacked oil
tankers plying the Persian
Gulf.
“I think very slight," he
replied. “I can’t foresee
that happening. As things
stand now, no, I don’t think
so."
In a nearly identical
question — this one concer-
ning the possibility of com-
mitting U.S. troops to El
Salvador if that nation ever
appears ready to fall to the
communists — the presi-
dent said:
“We’d lose all those
friends and neighors (in the
region) if we did that. They
want our help ... But they
don’t want American man-
power there."
Asked if he could be une-
quivocal, Reagan said,
“You’re asking me a
hypothetical question, and
one in which I think that I
would be very foolish to try
and answer."
At another point, the
president was asked why so
many people believe the
world is moving closer to
war rather than peace "I
would say that is because
that's all that most of the
people have been hearing
in political dialogue... that
I somehow have an itchy
finger and am going to
blowup the world....”
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American war games begin
TEGUCIGALPA, Honduras (AP)
— More than 4,000 American, Hon-
duran and Salvadoran troops began
combat exercises today that will
take them near troubled border
areas of El Salvador and Nicaragua
It is the first time that El
Salvador’s government, locked in a
4‘vyear war with leftist rebels, has
sent troops to participate in military
maneuvers here.
The war games, to last until June
30, are the second phase of
Granadero I, the latest in a series of
exercises that critics of the Reagan
administration charge is creating a
semi-permanent U.S. military
presence in this strategically
located Central American nation.
Washington says the exercises are
aimed at increasing the defensive
capacity of troops of friendly nations
in the region.
A U.S. diplomat, who spoke on
condition he not be named, said the
maneuvers are more than a training
exercise.
"They have two fundamental pur-
poses — to apply psychological
pressure on Nicaragua and to
reassure our allies in the area," he
said. "There are some training
benefits, but that is not the main ob-
jective."
Duarte
wins allies
WASHINGTON (AP) -
A dramatic appeal to Con-
gress by Salvadoran
President-elect Jose
Napoleon Duarte is
brightening the prospect
that the lawmakers will ap-
prove emergency military
aid for his war-ravaged
Central American country.
President Reagan, con-
gressional leaders and the
newly elected Salvadoran
official himself indicated
Duarte’s stint of more than
10 hours on Capitol Hill
Tuesday appeared to be
bearing fruit.
“I think the United States
is going to stand by El
Salvador," Senate Majori-
ty Leader Howard H.
Baker Jr., R-Tenn., said.
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Lake, Charles S. Sapulpa Daily Herald (Sapulpa, Okla.), Vol. 70, No. 216, Ed. 1 Wednesday, May 23, 1984, newspaper, May 23, 1984; Sapulpa, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc1501816/m1/3/: accessed July 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.