GOLDEN — A mistrial was declared in the case of former Jefferson County treasurer Mark Paschall who prosecutors tried to show had solicited a kickback from an employee.
The jury was split 6-6 in the decision.
Paschall’s attorney, David Lane, said, “We just kissed our sister for the second time. I hope it means they’ll see reason and stop the madness.”
A previous trial in February clearing him of attempted theft but the jury was deadlocked on the alleged kickback.
The jury send notes to the judge twice saying members could not reach a decision. Each time, the judge asked them to reconsider.
Just before 5 p.m., the jury foreman told the judge more deliberation would not help. “It seems people are passionate about where they stand on their position,” he said.
Earlier, during closing arguments, prosecutors said Paschall had signed the paperwork approving a “ridiciously” large bonus for a former top aide and suggested three times how she could split it with him.
Kathy Redmond, whom Paschall had appointed to the $52,000-a-year county job, “was vulnerable to something like this. That’s why he picks her,” prosecutor Tom Jackson told the jury before it began deliberations shortly before noon.
She was a single mother with a special-needs child and was out of job, Jackson said, when Paschall failed to win a chance to serve a second term and was leaving office at the end of 2006.
“Kathy Redmond has been his friend, she has been his loyal employee and fought battles for him because he is this contested person,” Jackson said. “He has control over somebody he thinks he can manipulate.”
To find Paschall guilty of compensation for past official behavior, Jackson said the jury only needed to look at whether he solicited a kickback for the $18,000 post-tax bonus, and not whether he had received the money.
Redmond balked and called Jeffco Commissioner Jim Congrove, who notified District Attorney Scott Storey.
During the trial Lane sharply questioned the credibilty of Redmond — the prosecution’s key witness — during her stint on the stand.
“From time to time, this woman is lying, dancing around the issues and not answering questions directly,” Lane said in his closing argument.
Lane asked the jury to consider why Redmond went to Congrove with her allegation of kickback instead of the police, and why the prosecution didn’t call Congrove to testify since he could have corroborated Redmond’s testimony.
Lane maintained that Paschall could no longer help Redmond since he was “a washed-up politician” in her eyes since he was defeated in the Republican primary for treasurer.
“Maybe Congrove can get her a job,” Lane said. “She knows Congrove hates Paschall” so she resorted to “talking trash about Paschall to Congrove.”
Congrove has financial power over the district attorney’s office since the county commissioners set the budget, Lane said.
“What is so dirty about this entire case is it’s payback,” Lane said.
Lane contended that Congrove was angry at Paschall for not telling him what he said to a grand jury that was investigating Congrove. The grand jury later failed to reach a decision.
The prosecution’s investigation into Redmond’s allegations was “completely slipshod and inadequate,” Lane said.
With a courtroom nearly full of lawyers and county employees, Lane said to show “how completely bogus this investigation was, I had to bring Carl Blesch (the DA’s lead investigator on the case) in here to question him about elements of the investigiation” as a defense witness.
The jury heard a phone call between Paschall and Redmond recorded without Paschall’s knowledge at the district attorney’s office.
In it, Paschall said discussed the bonus, saying: “It actually won’t probably be a third, but I just figured a third, and then a third, and a third. You know?”
Redmond responded: “OK. I see. So a third going to taxes, then a third to me and the third to you.”
Paschall: “Right.”
In first discussing the bonus in a hallway on Dec. 27, 2006, just days before Paschall left office, Redmond testified that Paschall told her to give him half.
Later in his office, Paschall said Redmond could give “whatever you feel like giving me,” she testified.
In the first trial, Paschall testified that he was trying to help out Redmond by arranging what he called an award in county paperwork.
Paschall did not testify in the second trial, with Lane saying it wasn’t necessary since the prosecution hadn’t “come close” to proving his guilt.
Ann Schrader: 303-278-3217 or aschrader@denverpost.com.
