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2 Counts For Dixon Dismissed; Prosecution Rests
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More Information On Dixon Case
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CBS
Big developments in Mayor Sheila Dixon's trial. The judge has dismissed two of the seven counts against Dixon.
They dealt with the gift cards Dixon received from developer and former boyfriend Ronald Lipscomb. The judge found that it was unclear whether the gift cards were intended for the needy or the mayor.
Testimony from six witnesses, including Randell Finney--who was Lipscomb's assistant--and several city employees was thrown out. Testimony from a Circuit City employee who testified Tuesday and an Old Navy employee were also thrown out. Thirty-five exhibits were also thrown out.
Dixon's lawyers argued for a mistrial Tuesday, saying jurors wouldn't be able to ignore evidence that was presented relating to the dropped charges, but the judge rejected that argument.
Mary Bubala reports these developments come as the prosecution rested in the case and Lipscomb did not testify. Lipscomb was expected to be a star witness for the prosecution, but some thought his testimony may do more harm than good.
Arnold Weiner told WJZ that the absence of Lipscomb's testimony leaves a "gaping hole" in the prosecution's case against the mayor. Weiner was planning to argue Lipscomb lavished the mayor with gifts during their affair and that the mayor thought the gift cards were for to use as she saw fit.
Defense attorneys began their case Tuesday afternoon. The first defense witness was Wanda Watts. Watts, who is on the mayor's staff, spoke of her work with the mayor on charitable causes.
"She's one of the most honest people I know. She loves Baltimore. She works hard to make sure everyone is taken care of," Watts said.
Karen Daniels, who works at Bethel AME Church as an
administrative assistant, also spoke of the mayor's honesty. Dixon attends Bethel AME.
Jurors were dismissed for the day around 3 p.m., and court will resume at 9 a.m. Wednesday.
The trial got underway around 10:20 a.m. Tuesday. The only prosecution witness to testify was Heather Ferguson, a Circuit City employee. She testified how they tracked 18 gift cards bought by Finney. The gift cards in $50 and $25 increments totaled $600.
Ferguson said Dixon bought a Sony PlayStation, games and DVDs. Some of the items were returned several days later, and Dixon got a cash or credit refund. That testimony was later thrown out.
Also Tuesday, some of the mayor's bank statements and phone records were entered into evidence.
Prosecution witnesses in Dixon's theft trial Monday included developer Patrick Turner, who testified he bought some of the gift cards the mayor is accused of stealing.
Turner testified that he purchased $1,000 in gift cards just before Christmas in 2005, believing the cards would be distributed to "the children of Baltimore."
The developer testified that he bought gift cards in December 2005 at Best Buy and Target because the stores "were close to each other" and "it was suggested that that type of store would be an appropriate place" to purchase cards. Asked why he made the purchases, he said, "It was Christmas gifts for children."
Some of his testimony was vague. Turner said he did not remember specifics of when he delivered the gift cards to Dixon and whether he wrote anything on the envelope.
Turner's partner Glenn Charlow was also called to the stand after Turner said Charlow also bought gift cards, but didn't testify after a bench conference.
The judge has excluded evidence about Charlow's card purchases because it was entered too late, but reserved judgment on whether he could testify.
Prosecutors allege Dixon used gift cards for the needy on personal shopping sprees.
The defense says Lipscomb anonymously gave gift cards for her to use as she pleased and Dixon confused Turner's cards with Lipscomb's.
Outside the courtroom, WJZ tried to get witness Lindbergh Carpenter to talk. Carpenter ran for blocks to get away.
Carpenter pleaded guilty to taking seven gift cards meant for needy people in communities around Baltimore City. Carpenter had been in charge of gift cards for the city housing department's 2007 Holly Trolley Tour. "If you do what the defense did to say, you know, we started off with seven and the judge threw two out, but the converse of that is but the judge left five in," said observer Warren Brown, a Baltimore defense attorney. "I think it's a fair question for the state prosecutor, whether something changed, something he had been counting on turned out not to be the case, or has this always been the amount of his evidence on the Doracon allegations. It's a legitimate gripe that the defense has that there's been a lot of evidence in the trial that maybe shouldn't have been," legal expert Andrew Levy. "You can't unring the bell, that's obvious, but certainly in the end the defense can make it patently clear that, that has been set aside, not to consider that in your deliberations," Brown said. Attorneys for the mayor contend that the bottom line is the prosecution failed to submit evidence and no matter how bad things may look, the mayor did not steal a thing. "They're not denying the actions, the acts, but what they're saying though is those acts of retaining certain gift certificates, of giving them away to certain people, unintended individuals, was done with an innocent state of mind," Brown said.
If convicted of any charge, Dixon could be removed from office, lose her $83,000 annual pension and face fines or jail time.
Mike Hellgren reports legal observers are weighing in about the perceived strategy of both the prosecution and defense.
Legal experts say throwing out two counts against the mayor is a rare move, but defense attorneys can't rest easy yet.
Legal experts also weighed in on the lack of testimony from Lipscomb.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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