Two and Two Equal Not Guilty

A federal judge beats the "daylights "out of a bribery prosecution

Alcee Hastings had made history before. The son of domestic servants, he had risen fast to become, at 43, the first black named to the federal bench in Florida. Last week, three years later, he sat as the defendant when a jury of ten whites and two blacks filed into the Miami federal courtroom, after deliberating 17 1/2 hours, to announce their verdict on charges of bribery-conspiracy and obstruction of justice. He hoped that he was not about to go into the history books again, as the first federal trial judge to be convicted of a crime.* A court clerk, verdict in hand, stood. "We, the jury, find the defendant not guilty." Hastings, who had been criticized for handling his own defense, reached out to touch his co-counsel and girlfriend, Patricia Williams, then left the courtroom to call his crippled mother, with whom the twice-divorced judge lives. With a jubilant crowd outside the courthouse, Hastings, who had vowed to "beat the living daylights out of the Government," savored the moment. "I think I'm going to be a much better judge than I've ever been," he said. "I don't think the Justice Department will ever be able to pull the wool over my eyes."

The Government's failed case was launched 17 months ago when the FBI learned that prominent Washington, D.C., Attorney William Borders was claiming to be a pipeline for bribes to Hastings, a longtime friend. The bureau asked a retired agent to pose as Frank Romano, one of two brothers recently convicted of racketeering in Hastings' court. The FBI man struck a deal with Borders: for $150,000, the Romanos' three-year sentence would be reduced to probation. Borders received the money, and last year he was convicted and sentenced to five years in prison. The evidence against Borders was "overwhelming," said the jury foreman after only one hour's deliberation.

The case against Hastings never was. Borders refused to cooperate, and investigators could not trace any money all the way to Hastings. Conceded Prosecutor Robert Richter in his opening argument to the jury: "We will not put a big number four up in front of you. We'll put two plus two." The Government contended that Hastings had gone to Miami Beach's Fontainebleau Hilton Hotel for dinner on Sept. 16, 1981, as Borders had said he would, to signal his involvement in the scheme. Prosecutors played a tape of a phone call Hastings made to Borders 19 days later. Using what the Government claimed were code words, Hastings supposedly promised that he would rule the next day that the Romanos were entitled to the return of $845,000 that the court had seized after their conviction. The following afternoon, the order was issued.

Defense Attorney Williams derided the evidence as "two minus two," and Hastings had a ready explanation for everything he had done. Yes, he was at the Fontainebleau, but at the "social" invitation of Borders, who stood him up. Yes, he promised Borders over the phone that he would act the next day, but the supposed code was a straightforward discussion of letters he planned to write urging reinstatement of a suspended lawyer who was a mutual friend. And yes, he issued the $845,000 order, but only to comply with two recent appeals court rulings requiring that action. Hastings also offered a parade of 50 witnesses, including three judges who testified to his integrity. Borders, concluded the defense, was simply engaged in the time-honored legal scam of "rainmaking," in which bribe money is smoothly returned if the judge fails to do what the con man guessed he would do.

Hastings, who has been on leave with pay for 16 months, said after the trial that he would return to the bench soon. For federal prosecutors, that is not a pleasant prospect. Said one high Justice Department official: "I'd hate to be a U.S. Attorney arguing a case before him." But whatever satisfaction Hastings now has, it is unlikely ever to compensate for the damage to his reputation and career. Said one Miami attorney: "He's going to be on hold the rest of his life."

* The only other federal trial judge to be tried on criminal charges was acquitted. Two federal appeals judges have been convicted. This file is automatically generated by a robot program, so viewer discretion is required.