Dec 3, 2009 7:39 am US/Eastern
What's Next For Dixon After Guilty Verdict?
BALTIMORE (WJZ/AP) ―
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Jurors in the theft trial of Sheila Dixon found the Baltimore mayor Tuesday on a single charge of taking gift cards intended for the city's poor.
CBS
Baltimore's mayor has vowed to fight a misdemeanor that could lead to her removal from office, saying the verdict won't slow down City Hall.
A jury found Sheila Dixon guilty Tuesday of a single charge of taking gift cards from a program intended for the city's poor children and using them to buy electronics. Her attorneys said they will appeal.
Mary Bubala reports a suspension from office wouldn't begin until Dixon is sentenced, and she wouldn't permanently be removed from office until she has exhausted her appeals. No sentencing date has been set.
Dixon headed into work Wednesday one day after the jury found her guilty on one count of fraudulent misappropriation and acquitted her on two counts of theft and one count of misconduct in office. Jurors failed to reach a verdict on another count of fraudulent misappropriation.
Dixon is not shying away from public appearances. The mayor left her home early in the morning and headed straight for City Hall. Just as the city was absorbing the gravity of the judgment against her, Dixon met with her senior staff for several hours before meeting with City Schools CEO, Dr. Andres Alonso.
"My only comment is the mayor has been a great partner for the schools and my focus is on the kids," he said.
In an exclusive interview with
WJZ Tuesday evening at an event in Fells Point, Dixon said she was moving forward.
"Things are not over. I'm mayor. We're going to stay focused on moving the city forward and we're going to continue to build on it. The city will still continue to move forward and stay focused," Dixon said.
City Solicitor George Nilson says jury's verdict does not impact the mayor's responsibility to continue serving as mayor of the City of Baltimore at this time.
Nilson says Dixon will remain as mayor until she is sentenced.
"She'll continue to be the mayor. [The] verdict doesn't legally amount to a conviction. She has a responsibility to fulfill, a job to do, and she's doing it," Nilson said.
Former Dixon staffer and advisor Anthony McCarthy says the real fight could be in the court of public opinion.
"I think we're going to find out very quickly if the public has a stomach for this to go on much longer. If people don't have faith in her ability to govern, she can no longer continue to govern," said McCarthy.
Can the mayor move the city forward when her future is so uncertain and the future of the city is in peril?
New budget projections show a $52 million deficit in the current budget. Tough decisions about cuts to city services, layoffs, furloughs and pensions need to be made in the days ahead.
"I know that the mayor has worked very hard to keep this from being a distraction to city business, but the truth of the matter is, it has been," said Councilman Bill Henry.
McCarthy says Dixon's public perception--combined with how political movers and shakers react--will play critical roles on what happens now.
"They'll say it behind the scenes at first, but if Mayor Dixon decides she's going to hold on and public tide begins to swell against her, you'll start to see more and more elected officials say it's time to move on," said McCarthy.
Dixon's defense attorney Arnold Weiner says they are disappointed the jury acquitted the mayor of three charges, but found her guilty on one of the charges.
"We will be studying the effects of these decisions over the next couple days. We are certain to file post-trial motions. As you know, during the trial, we raised a number of issues, all of which we believe have significant substance, which we'll be addressing to the judge," Weiner said. "With respect to the question that was asked to us on the way out in respect to the mayor's continued status, let me say that all of that is being considered and evaluated and the mayor has no further comment to make with respect to that and I'm saying that on both my own behalf and on behalf of all her lawyers and on the mayor's behalf."
State Prosecutor Robert Rohrbaugh is satisfied with the verdict and says his team will consider re-trying her on other charges.
"It's a sad day for the citizens of Baltimore when a city mayor is convicted, but at least this jury had the courage to do the right thing," said Rohrbaugh. "It did take a lot of courage to find a sitting mayor guilty. Many people said we could not get a fair trial in Baltimore, and I think this proves the state can get a fair trial in Baltimore."
Fraudulent misappropriation by a fiduciary carries a maximum penalty of five years in prison, but prosecutors have not yet said whether they will seek jail time. Rohrbaugh says he'll decide by Friday on how to proceed on the embezzlement count that jurors could not agree on.
On Wednesday morning, Judge Dennis Sweeney released the juror information in the case. He said eight members of the jury did not want their names released and asked the media to respect their wishes.
Meanwhile, City Council President Stephanie Rawlings-Blake, who is in line to be elevated to the mayor's office after Mayor Sheila Dixon's conviction, says she is focusing on her job.
Rawlings-Blake released a new statement Wednesday.
"My goal and the goal of the other members of City Council is to remain focused on protecting public safety and solving the budget crisis in order to maintain city services during this difficult time. That's our number one responsibility at all times, but especially now."
In an interview with
WJZ, the council president also urged respect for the legal process.
"I think we have to let the legal process play out. There are rules. The constitution is very clear and case law supports it," Rawlings-Blake said. "I am doing the job I have as council president. The work that each of us do as elected officials in public service prepares us for leadership and for any expanded role."
Dixon's guilty charge could force her suspension from office upon sentencing, followed by removal if she loses all appeals. If Rawlings-Blake is elevated to the mayor's office, remaining council members would pick a new president.
Though guilty, the mayor is still mayor. By law, she loses her job once convicted but merely being found guilty of a crime is, under state law, not yet a conviction. That happens the moment she is sentenced.
"Usually a conviction is not considered a conviction until there is a sentencing for it because a lot of things could happen at sentencing that could change the status," said political analyst Andrew Levy.
In deciding the mayor's punishment, the judge must consider the public perception of the sentence. While the mayor has many supporters--with positive messages flooding her Facebook page--she also faces a backlash.
"Assuming the sentencing is delayed by 60 days, we will have a convicted felon--but not yet sentenced--running the city of Baltimore. I can't believe she would be effective, that her authority would be recognized. We would be a wounded city," said Johns Hopkins University political science professor Matthew Crenson. "So, from the point of the view of the city but not the point of view of the mayor, it might be best if she would simply step aside for the moment, and allow the City Council president to assume her duties."
"It was like an earthquake hit our city and I think people are just starting to stagger out of the smoke of this conviction," said McCarthy.
Jurors deliberated more than six days after hearing testimony that accused Dixon of using or keeping $630 worth of gift cards.
She was accused of soliciting most of the cards from developer Patrick Turner and then buying electronics at Best Buy, clothes at Old Navy and knickknacks at Target.
The first two counts that were considered by jury were counts one and four. They deal with theft and misappropriation for gift cards donated by Turner. She was found guilty of count 4, which was embezzlement.
Counts three and six dealt with theft and misappropriation for gift cards taken from the city housing department. Count seven was misconduct in office. Out of all the counts, the mayor could only be found guilty of three of them because of the way the law is written. The most serious count was count one, which is felony theft. She faced up to 15 years in jail and a $25,000 fine. Counts two and five were dismissed earlier in the trial.
"It was an experience of a lifetime. I was honored to sit on that jury," said Shiron Davis, Juror #6.
Davis broke her silence just a day after Dixon was found guilty.
"I feel that justice was served to a certain extent, but I would have liked to see stronger, yes, stronger convictions," said Davis.
Davis says though the jury as a whole didn't find Dixon guilty of a felony, she felt it should have.
"I feel that she abused her position, and she clearly knew what these cards were for, what they're intended for, and she chose to use as she saw fit," said Davis.
She says eight of the 12 jurors felt the same way, but they couldn't convince a couple of holdouts.
"We had some people who were like mountains that wouldn't move," said Shawana Tyler, Juror #3.
"There were some people who felt strong on their side, and the majority felt strong on the other," said Elaine Pollack, Juror #11.
Davis says Dixon herself could have made a big difference.
"I definitely felt that she was interested, but she was void of emotion," said Davis. "Let me hear from you why you're innocent of these charges. Let me believe where the discrepancy came in."
Dixon's lawyers blamed the case on developer Ronald Lipscomb, a married man whom they said lavished her with gifts, including gift cards sent anonymously, as he pursued her romantically. Dixon thought gift cards delivered anonymously by Turner also came from Lipscomb, the defense argued.
Dixon's defense team called just four witnesses, including the mayor's pastor and a florist who testified about an anonymous, $285 bouquet sent by Lipscomb. Her attorneys argued she thought some of the gift cards were intended as personal gifts, while others, found in her home, were forgotten leftovers from a charity event, the Holly Trolley tour.
The mayor's legal troubles aren't over with this case. She faces a separate trial on perjury charges stemming from accusations that she didn't report gifts from Lipscomb. Lipscomb told a grand jury that he once gave Dixon $4,000, which Dixon apparently used to pay her American Express bill.
Baltimore residents are now reflecting on the guilty verdict.
"I'm hurt, I'm just really hurt. I'm disappointed because I just didn't think this was something that a person in power would do," said Barbara Corely.
Radio listeners were also upset. Larry Young fielded angry calls.
"The woman embezzled money from the needy people -- possibly children," said a caller.
"She has played her cards the way she has. She is comfortable in her position. She was able to see three not guilty, one guilty, and whatever options are available to her to be played out, she should play them out," said Larry Young, WOLB.
WJZ-FM host Ed Norris also weighed in.
"I think it's sad because if a career is going to be destroyed one way or another over this, there will probably be a resignation over this...just seems to be a whole lot of time and money invested in this and I don't know what we got out of it," said Ed Norris, WJZ-FM, 105.7 The Fan.
Baltimore City residents had some very strong words for the mayor.
"She got what she deserved. She's going to sit there and like and say, 'Oh, I thought they were for me.' They were for the community, and it was ridiculous she was going to use it like that," said Katie Brewton.
"When you are a role model, that one mistake is all it takes to bring you down, so I'm just really hurt," said Corely.
"If the evidence proved that she was guilty, then she must pay for those deeds that she did that were incorrect, but she has been a wonderful mayor," said Elizabeth Calia.
Dixon, 55, has been under the cloud of the City Hall corruption probe for nearly four years, since she was City Council president. She was indicted in January. Still, Baltimore's first black female mayor remains popular in Maryland's largest city of about 630,000 residents.
(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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