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Tucson, Arizona | Published: 12.07.2007
A hearing has been set for Dec. 20 to allow former Marana Mayor Bobby Sutton Jr. and Marana businessman Richard A. Westfall to change pleas in their federal extortion trial.
Sutton, 38, and Westfall, 43, originally pleaded not guilty to charges of attempted extortion, conspiracy to commit extortion and making false statements to federal investigators.
Their first trial ended in a mistrial on Oct. 10 when the jury said it was unable to reach a unanimous decision on any of the charges.
Westfall's lawyer, Stephen Weiss, would not comment other than to confirm that the hearing, to be held in U.S. District Court, is for a change of plea and for sentencing. Sutton's lawyer, Michael Piccarreta, would not comment.
Weiss and Piccarreta had been in settlement negotiations with federal prosecutors since the mistrial, with U.S. District Judge Cindy K. Jorgenson having given the two sides until next week to determine whether a deal could be made.
Prosecutors said Westfall tried to extort money and a job from Waste Management Inc., a national trash-hauling company, in 2002 in exchange for Westfall's silence regarding a state investigation into overweight loads leaving a Waste Management-owned transfer station in Marana.
Prosecutors said Sutton, who was Marana's mayor from 1999 to 2005, used his official power to intervene on Westfall's behalf and threatened to shut down the transfer station if Waste Management didn't comply with Westfall's demands.
Each was facing up to 25 years in prison and up to $500,000 in fines if they had been convicted of all charges in their first trial.
● Contact reporter Brian J. Pedersen at 434-4079 or bjp@azstarnet.com.
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