Mecham Convicted By Arizona Senate

The Arizona Senate convicted Gov. Evan Mecham yesterday of attempting to thwart a death-threat investigation and misusing funds, making him the first U.S. governor impeached and removed from office in 59 years.

Acting Gov. Rose Mofford, a Democrat, became governor the moment the gavel fell to close the 21-9 vote to convict on the first charge, obstruction. Two-thirds of the 30-member, GOP-controlled Senate was needed for conviction.

The Senate then convicted the first-term Republican 26-4 on a charge he misused $80,000 from a protocol fund by loaning it to his auto dealership.

Mecham, who took notes in the Senate chamber as lawmakers voted, showed little emotion.

"Well, they don't like my politics. So we've finished a political trial," said the 63-year-old Mecham, smiling as he left the Senate chamber. Aksed what he intended to do next, Mecham said, "We'll decide tomorrow."

The vote ended a year-and-a-half of controversy that shook staunchly Republican Arizona and brought ridicule and criticism from politicians, comedians and the comic strip "Doonesbury."

Mecham, a former auto dealer who was elected in 1986 on his fifth try in a three-way race with 40 percent of the vote, had offended Blacks, Jews, women and others with offhand remarks and official actions.

A motion to bar him from ever holding state office in Arizona fell three votes short of a two-thirds majority, with 17 in favor and 13 opposed.

The last governor to be impeached and removed from office way Henry Johnston of Oklahoma, who was removed in 1929.

Mofford, in a statment, declared "the end of some difficult times in Arizona," and urged residents to "purge our hearts of suspicion and hate."

"Today none of us are Republicans, none of us are Democrats," she said. "We are all Arizonans. Let us go forward together as Arizonans."

The 192-seat gallery was nearly full, and there was a buzz after each vote on the charges yesterday.

Outside the building, Mecham supporters and opponents followed the proceedings on TV sets and radios. Each side cheered as votes favorable to their view were cast.

There are 19 Republicans and 11 Democrats in the Senate. On the first and decisive charge against Mecham, 10 Republicans and all 11 Democrats voted to convict: nine Republicans voted to acquit.

On the second count, 15 Republicans and 11 Democrats voted yes: four Republicans voted no. On whether to bar Mecham from future office, nine Republicans and eight Democrats voted for exclusion. 10 Republicans and three Democrats voted against.

"The citizens of this state will not tolerate this evil insensitivity," said Democratic Sen. Jesus "Chuy" Higuera in voting to convict.

Republican Sen. Jan Brewer said she felt Mecham "made a serious error," but she added, "I do not think it is sufficient to remove him from office."

"The vote is 21 ayes, nine nos. Evan Mecham is convicted of high crimes, misdemeanors and malfeisance in office," said the trial's presiding officer, Arizona Chief Justice Frank X. Gordon, Jr., after the vote on the first count.

The combative Mecham drew fire for rescinding a Martin Luther King, Jr. holiday, a move that prompted a boycott of Arizona by organizations looking to hold conventions in Arizona, and defended the use of the word "pickaninny" for Black children. He also came under attack for appointments deemed unqualified, including a tax official who didn't file his taxes.

The House voted 46-14 to impeach Mecham February 5 on the two counts on which he was convicted and a charge of concealing a $350,000 campaign loan. The Senate dismissed the third charge during the six-week trial.

Mecham also faced a recall election May 17 and is scheduled for trial in court April 21 on felony charges of concealing the loan. The question of whether he may run in the recall election is likely to be decided in court, said Attorney General Bob Corbin.

Corbin said earlier that the recall election would be scheduled whether Mecham were in office or not, and that the governor in office at the time--Mofford--would have to run in the election to remain in office.

The Senate, after voting, adjourned for the day and said it would reconvene tomorrow to hear any motions from attorneys.

The voting by the Senate began after the prosecutor, Paul Eckstein, beseeched the lawmakers to convict and removeMecham and "bring down the curtain on thisprolonged, embarassing and bitter tragedy."

On the obstruction charge, Mecham was accusedof telling Ralph Milstead, the state's top policeofficial, not to cooperate with the state attorneygeneral's probe of an alleged threat against aformer aide who was about to testify before agrand jury investigating Mecham's finances.

The threat allegedly was made by Lee Watkins, aMecham campaign fund-raiser and state official.Watkins was said to have warned that Donna Carlsonwould go on a "long boat ride" if she didn't keepquiet. Mecham denied any wrongdoing.

Mecham testified he did not consider thealleged threat a serious matter.

The governor was also accused of misusing$80,000 from a fund consisting of contributionsraised from Mecham's inaugural.

The prosecution charged that the funds werepublic money set aside for use in promoting thestate and that Mecham took out the loan becausehis dealership was in financial trouble; Mechamclaimed that the money was private, and that heborrowed it only to give the state higher interestthan it was receiving.

"I urge you to consider that by allowing[Mecham] to return to office to wreak havoc onceagain upon this state you will have redefined inthe most shameful way what is acceptable conductfor a public official," Eckstein argued.

"Let the people decide," said Defense AttorneyJerris Leonard, urging senators to acquit thegovernor and let him defend his office in therecall election.

"I ask you, where's the beef?" another defenseattorney, Fred Craft, said of the evidence. "Youare being asked to politically assassinateGovernor Mecham, by those who would politicallygain from his demise.