More than a year after he resigned amid allegations of corruption in office, former Oklahoma Insurance Commissioner Carroll Fisher will go to trial Feb. 6 on the first of five criminal cases against him.
Jury selection is scheduled on an embezzlement charge against Fisher, 65, that accuses him of misappropriating his own campaign funds when he deposited a $1,000 campaign check into his overdrawn personal bank account in 2003.
Fisher resigned in September 2004, days before he was scheduled to be tried in the state Senate on five articles of impeachment approved by the House that accused him of incompetency, neglect of duty and corruption.
At the time, Fisher told The Associated Press he did not think he could get a fair trial in the Senate and should give up his office to devote his full attention to defending himself against the criminal charges. Fisher now works in San Diego.
The embezzlement indictment was returned by a multicounty grand jury in July 2004. It alleged that Fisher accepted $1,000 as a campaign contribution from Oxford, Miss., insurance agent Johnny Jordan Morgan in May 2003 but that the money was used for other purposes. Morgan is expected to testify in the case.
Prosecutors with Attorney General Drew Edmondson’s office, which is handling the case, said the money was placed in Fisher’s personal checking account, which was overdrawn at the time.
Fisher has pleaded not guilty. If convicted, Fisher faces up to five years in prison, a $5,000 fine and full restitution. He is also accused of perjury for never disclosing the $1,000 contribution on campaign finance reports.
A spokesman for the attorney general, Charlie Price, said the trial, which will be conducted before Oklahoma County District Judge Susan Caswell, is expected to last about three days, including jury selection.
It is uncertain whether Fisher will testify in his own defense. His defense attorney, Bob Wyatt of Oklahoma City, did not return a telephone call to his office seeking comment.
Fisher faces a variety of other charges in Oklahoma. In a bribery case, he is accused of accepting money and gifts from Texas businessman Gene Phillips, Phillips’ family and business associates.
Prosecutors allege the bribes included a $25,000 check, about $20,000 in office furniture and $25,000 in campaign contributions. Fisher and Phillips deny wrongdoing. Phillips has not been charged.
Gov. Brad Henry and former Gov. Frank Keating have been listed as defense witnesses for Fisher in the bribery case. Also named as possible witnesses are former state Auditor Clifton Scott and former Attorney General Susan Loving.
In another case, Fisher is accused of filing a false income tax return, failure to pay over money to the state, failure to register a charity, failure to report charitable contributions and failure to keep appropriate records of contributions.
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