The defense in Charles Harrelson’s case offered a different account. His attorneys argued that he had been set up by a gambler named George “Pete” Kay, who had allegedly posed as the hitman, collected the contract fee, and arranged circumstances to make Harrelson appear guilty. The defense argued that Kay’s wife had made the rifle purchase. They placed Harrelson in Dallas — 270 miles from San Antonio — at the time of the killing.
The government argued that the attorney-client privilege did not apply to the conversations between Joe Chagra and Jimmy Chagra, because Joe was himself a suspect in the conspiracy. This was a contested legal argument that the court ultimately accepted. The conversations were admitted as evidence.
The defendants were tried separately and received different verdicts. The outcomes, clearly distinguished:
Charles Harrelson was convicted on December 14, 1982, of murdering a federal judge, conspiracy to commit murder, and conspiracy to obstruct justice. He was sentenced to two consecutive life terms, plus five years on the obstruction charge.
Jo Ann Harrelson was convicted of conspiracy to obstruct justice and perjury on five counts. She was sentenced to 25 years total.
Joe Chagra had pleaded guilty to conspiracy to commit murder in exchange for his cooperation and received a ten-year sentence.
Elizabeth Chagra was convicted of conspiracy to commit murder, conspiracy to obstruct justice, and tax evasion. She was sentenced to 30 years. The Fifth Circuit Court of Appeals subsequently overturned the conspiracy conviction in February 1985, for lack of proof of premeditation and malice.