Prosecutor outduels famous Texas lawyer Haynes' client is found guilty BALTIMORE CITY

November 09, 1993|By Marcia Myers | Marcia Myers,Staff Writer

Jefferson M. Gray's trial record over four years as a federal prosecutor stood at something more than a dozen wins and no losses. But after sparring for nearly two months in a drug trial with formidable Texas defense lawyer Richard "Racehorse" Haynes, Mr. Gray concedes he was a little nervous as he awaited the jury's verdict yesterday.

He needn't have been. The jury found Mr. Haynes' client, Richard Edison Boyd, guilty on all counts, leaving the 36-year-old Mr. Gray's record perfect and proving that Mr. Haynes, 66, is not always a miracle worker.

"I learned some lessons from this case," said Mr. Gray, who prosecuted the case with co-counsel James G. Warwick. "Mr. Haynes is not a man who misses many, if any, of your mistakes."

After the jury began deliberating last week, Mr. Haynes returned to Texas for his next trial. Efforts to reach him yesterday at his Houston office were unsuccessful.

Mr. Haynes arrived in Baltimore in September with a national reputation for puncturing cases that prosecutors had considered airtight.

His string of wins began in the 1970s with an acquittal for Fort Worth multimillionaire T. Cullen Davis, even after two eyewitnesses identified him as the gunman who had killed his wife's boyfriend and daughter. When audiotaped and videotaped evidence later indicated that the defendant had plotted to kill the judge in his divorce case, Mr. Haynes again persuaded jurors in his favor.

His Maryland case stemmed from the November 1989 arrest of James Todd Hibler, who was convicted of running a multimillion-dollar drug ring from the home of his parents, psychologists at the National Security Agency.

Boyd had routed slightly more than a ton of marijuana to Maryland traffickers, including Hibler, who detailed those dealings to investigators after his arrest.

Jurors convicted Boyd of five counts of drug trafficking yesterday. He could be given to up to 12 years in prison when he is sentenced Feb. 4 by Judge Herbert N. Maletz, prosecutors said.

Of 13 people indicted in the operation, only Boyd did not plead guilty.

Jurors in the Boyd case gave Mr. Haynes high marks.

"Most of us were impressed by his thoroughness," said foreman Charles Bobb of Gaithersburg. Mr. Haynes questioned some witnesses, including Hibler, for a dozen or more hours.

Despite Mr. Haynes' persistence and panache, the jury believed telephone records that showed co-conspirators had contacted Boyd, and hotel and rental car receipts that supported testimony about their dealings.

As Mr. Warwick returned to his office after the verdict yesterday, a fellow lawyer gave him a pat on the back.

"Congratulations. You beat Racehorse Haynes," he was told.

"That's not the way I look at things," Mr. Warwick said later. "An attorney can only do so much. The evidence is what determines it."

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