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The Honolulu Advertiser
Posted on: Tuesday, February 24, 2004

Weary executive departs early

By Larry Nuemeister
Associated Press

Adelphia founder John Rigas has pleaded innocent to charges of conspiracy, securities fraud and bank fraud.

Associated Press

NEW YORK — With a smile and a nod to potential jurors yesterday, Adelphia Communications Corp. founder John Rigas began a trial that will determine if he and his two sons looted the nation's fifth-largest cable company, cheating investors of billions of dollars.

But by the end of daylong questioning of prospective jurors by U.S. District Judge Leonard Sand, the 79-year-old Rigas grew weary and left the proceeding an hour early. Earlier, one potential juror had referred to him as the "frail elderly gentleman."

Sand said he hoped to have a jury selected by Thursday or Friday so that opening statements could begin on Monday.

Among 19 people chosen yesterday to proceed to the final round of jury selection were a man who was shot in a gas station holdup in 1975, several people with links to law enforcement and others with connections to the securities industry.

The judge made it clear to lawyers that he was not going to automatically exclude those with ties to law enforcement or the securities industry, despite complaints by defense lawyers that it would be hard for those people to be fair and impartial.

The day opened with the defendants and the lawyers in the case being introduced to a group of potential jurors.

Rigas turned around and smiled as he was introduced by his lawyer, Peter Fleming Jr.

Rigas and his sons, Michael and Timothy Rigas, both former company executives, are accused by prosecutors of turning the cable company into their "personal piggy bank."

The Rigases and another former company executive, Michael Mulcahey, have pleaded innocent to charges of conspiracy, securities fraud and bank fraud.

Prosecutors say the men cheated investors by driving the company into bankruptcy as they stole hundreds of millions of dollars from the cable giant from 1999 to 2002.

The trial is in Manhattan, where many of the alleged false financial reports were filed with securities regulators.

The Greenwood Village, Colo., company once had 5.7 million cable subscribers in more than 30 states. The government alleges the defendants boosted profits by hiding more than $2 billion in debts from investors.

To underscore the harm to investors nationwide, prosecutors have indicated that the trial's first two witnesses will be company shareholders who lost heavily while the Rigas family lived in splendor, even building a golf course with company money.

In all, about 600 potential jurors filled out a 25-page questionnaire, which asked whether they had been victims of fraud and whether they had any connection to businesses involving the Rigas family.