Robert Mardian - Indictment and Trial

Indictment and Trial

When Jeb Stuart Magruder decided to cooperate with the prosecution on April 10, 1973, it became certain that Mardian would be indicted, although he had first to go before the Ervin Senate committee (July 19–20, 1973). Before the Senators, Mardian was an effective witness in defense of his actions. The grand jury nonetheless indicted him on March 1, 1974.

In January 1975, Mardian was convicted on one count of conspiracy to hinder the investigation. He was sentenced to 10 months to 3 years on February 21, 1975, but on appeal in 1976 the conviction was quashed. The United States Court of Appeals for the District of Columbia Circuit held that Mardian ought to have been tried separately because his lawyer fell ill two weeks into the trial, and because of his limited alleged role. The special prosecutor declined to retry him; in 1997 his appeal lawyer Arnold Rochvarg wrote a book outlining the legal history of the case and arguing that Mardian was innocent.