| | | | in June 1996, Governor of Arizona Symington was indicted on 21 federal counts of extortion, making false financial statements, and bank fraud. He was convicted for seven counts of bank fraud on September 4, 1997. He was charged with defrauding his lenders as a commercial real estate developer, extorting a pension fund and perjuring himself in a bankruptcy hearing. As Arizona state law does not allow convicted felons to hold office, Symington resigned his office the next day. [43] Prior to his resignation, there had been a high-profile recall effort led by former Arizona Secretary of State Richard D. Mahoney. [7] This conviction, however, was overturned in 1999 by the Ninth Circuit Court of Appeals. Six days into jury deliberations, the trial judge had granted the government's motion to dismiss a juror because the other jurors complained she was refusing to deliberate with them, a serious breach of the juror's oath. A three-judge panel of the appeals court ruled 2–1 that there was a "reasonable possibility" that the juror had actually been removed because she was leaning toward acquittal, and the rest of the jury was frustrated at the prospect of a hung jury (in federal cases, verdicts must be unanimous). The appeals court held that the juror's dismissal violated Symington's right to a fair trial, since he was entitled to that juror's vote. Before the government could retry him, Symington was pardoned in January 2001 by President Bill Clinton, terminating the federal government's seven-year battle with the former governor |
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