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Federal Judge to Consider Motions For New Trial for Gov. Edwin Edward

"U.S. District Judge Frank Polozola set aside last spring's mail fraud convictions Wednesday - two against Edwards and his son Stephen and a third against co-defendant Bobby Johnson - because of a U.S. Supreme Court ruling last month in another case.

"…Polozola said Wednesday that he was leaning toward giving Johnson a new trial, partially because prosecutors already could retry Johnson on the fraud count.

"…Johnson left the courtroom midway through the trial to undergo heart bypass surgery to replace five blocked arteries and never returned during the trial.

"Defense attorneys argued that Johnson couldn't defend himself because he wasn't in court each day to hear and see the testimony against him and the other accused men.

"Prosecutors claimed Johnson knew of his heart condition before the trial and chose to wait and have the operation during the trial. They said he was present during the government's case against him and knew the evidence to properly defend himself.

"…Polozola made the ruling without comment before hearing additional arguments on whether evidence used to support the voided convictions improperly influenced jurors on other matters in the case.

"Edwards, his son and three others were convicted in May of racketeering, extortion, fraud and conspiracy involving allegations they rigged riverboat casino licenses. The Edwardses were convicted of five counts of mail fraud. Johnson was convicted of one count of mail fraud.

"In November, the U.S. Supreme Court ruled in a separate Louisiana gambling corruption case, involving a New Orleans lawyer, that federal mail fraud laws do not apply to state licenses that have not yet been awarded…"

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