For Dixon, the show goes on during trial 

Posted: 7:00 pm Sun, November 8, 2009
By Brendan Kearney
Daily Record Legal Affairs Writer

Every Friday afternoon, with a few exceptions, Baltimore Mayor Sheila Dixon’s press office announces, via e-mail, her public schedule for the following week: exercise dates with the citizenry, meetings with representatives of Baltimore’s foreign sister cities, and celebratory events galore.

Not this week.

But if there were one, it would be brief: “Gift card theft criminal trial, Courtroom 234 of Courthouse East, all week (except for Veterans Day). Other appearances when possible.”

Jury selection begins Monday in the first of two trials that represent the culmination of years of investigations and almost a year of post-indictment legal maneuvering. At last, the mayor’s day in court — she has not appeared yet this year — has arrived.

‘Scheduling conflict’

There has been much speculation about the consequences of the first trial: Will anything but a complete acquittal mean her political career is over? Will city taxpayers foot her expensive legal bills? Will there be a second trial?

For her part, Dixon has decided to publicly ignore those questions and carry on as if she’s not facing a fistful of felony theft and perjury counts. And that will continue this week. Her spokesman likened the trial to a “scheduling conflict,” something the mayor and her cabinet will work through and around.

“The city will run. The city runs when she goes on vacation, if she gets sick and takes a day off,” said Scott Peterson, the spokesman. “It already is early mornings and late nights for us. That’s just how we all work.”

While Dixon’s days will be spent in court, she has not ceded power to anyone and she plans to continue the work of governing, before and after proceedings, and maybe even during, in the case of the emergency.

Dixon said on Wednesday that she has worked out a system with her staff, her attorneys and the judge, although she declined to be more specific.

“It’s always the same protocol,” Peterson said, referring to “decision memos” that flow from agency heads to the deputy mayors on up.

And there is precedent for staying on as chief executive while in court defending oneself against serious criminal charges — although maybe not the sort Dixon is hoping to follow.

Both former Maryland Gov. Marvin Mandel and, more recently, former Washington, D.C., Mayor Marion Barry remained in office during their trials. Both were convicted, but later vindicated: Mandel’s conviction was overturned; Barry holds public office as a city councilman.

“During the Mandel trial, the governor was conducting business daily — the only change was the venue,” said retired Prince George’s County Circuit Judge Richard H. Sothoron Jr., who represented one of Mandel’s co-defendants. “In other words, he was conducting business in the anterooms of the courthouse.”

“I know Governor Mandel was very conscientious,” added Sothoron, now in private practice in Largo. “He didn’t miss a beat.”

Mandel could not be reached for comment Friday. One of his lawyers, Arnold M. Weiner, is Dixon’s lead attorney. Another of the defense team that fought the bribery charges against him more than 30 years ago, Albert M. Figinski, said he was too busy to pay attention to how the erstwhile governor juggled his responsibilities.

“During lunch and before and after court, I was doing a myriad of other things,” said Figinski, referring to witness preparation, document organization, and arguing with the judge in chambers. “That was the last thing I was concerned with, how the governor was running the state.”

What’s the alternative?

Others seemed unconcerned with Dixon’s ability to perform her official duties while enduring her personal travails.

Robert C. Embry Jr., president of the Abell Foundation and a longtime civic leader in Baltimore, said Dixon “and everyone else would prefer that there wouldn’t be distraction” but that there’s always something to deal with.

“I don’t see any problem,” he said. “I have no reason to think she won’t be able to handle the job.”

Frank M. Conaway Sr., clerk of the city circuit court, said Dixon is in a tight spot either way.

“I think there are problems associated with [remaining in office during trial], but there are problems with giving up control as well because that kind of makes you look guilty, in some people’s minds,” he said.