Francis Stipe jury dismissed for night

As for the fourth count, the defense said Stipe wasn't trying to corrupt former Rep. Mike Mass's testimony by purchasing Mass's mortgage and demanding immediate payment.

Jurors began deliberating Stipe's fate at 4:30 p.m., taking well over 100 documents with them to the deliberation room. The jury was dismissed for the night just before 9 p.m., with instructions to return at 9 tomorrow morning.

Francis Stipe's older brother, Gene Stipe, 81, then a powerful state senator, was a secret partner in the plant, which was built on property he sold. A grand jury indicted Francis Stipe and Gene Stipe last fall on a four-count indictment alleging conspiracy, mail fraud, witness tampering and paying a bribe. The last two counts involve Mass, who has admitted receiving a $48,000 bribe in October 2002 for steering $419,000 in state taxpayer money to the dog food plant.

"The fix was in," to buy Gene Stipe's property with his brother's help, said assistant U.S. Attorney Ryan Roberts.

The purchase went through McAlester Foundation, which served as a conduit for the state money. Francis Stipe was chairman of the foundation at the time of the transaction.

Defense attorney John Carwile noted that Mass was paid "bribe after bribe, after bribe," but no one testified Francis Stipe was involved in any of the bribes.

"Should he be convicted ... because he's Gene Stipe's brother? Would you want to be held to that?" Carwile asked jurors.

Carwile also tore apart Phipps, saying he committed "hundreds" of felonies but was allowed to plead guilty to just one in return for his testimony.

Francis Stipe testified Monday that he fully expected Mass, a bankrupt former legislator, to repay a $104,521 mortgage after Stipe acquired it from a McAlester bank last year.