Judge Calls for Probe of Leaks in Indictment of Rep. Fiedler

Los Angeles Superior Court Judge Aurelio Munoz has requested that the district attorney’s office investigate anonymous public disclosures by grand jury members concerning the panel’s discussions and votes in last week’s indictment of Rep. Bobbi Fiedler (R-Northridge) and her chief adviser, Paul Clarke.

The panel’s discussions, which by law are to be kept secret, have been the subject of reports this week in Los Angeles news media. Some of the reports were attributed to unnamed grand jury members.

Chief Deputy Dist. Atty. Gilbert I. Garcetti said Wednesday that his office is pondering the request from Munoz--who supervises the grand jury--and will decide this week whether to conduct a full investigation.

“I am certain this office is going to do something,” Garcetti said. “We can’t tolerate continued leaks . . . we can’t tolerate any leaks.”

According to the state Penal Code, grand jurors must not publicly reveal evidence presented to the 23-member panel, nor can they report what they or other members have said or how they have voted on matters before them.

Violators could face maximum penalties of six-month jail terms or dismissal from the jury, Garcetti said.

Might Question Reporters

Among those he might seek to question, Garcetti said, would be grand jurors and reporters who have quoted the jurors in news stories.

Ironically enough, if the subjects refused to talk voluntarily, the district attorney’s office would be forced to go to a grand jury in order to subpoena them as witnesses, Garcetti said. Since the investigation concerns the current grand jury, Garcetti noted, the office could conceivably be forced to request the impaneling of a special grand jury to investigate current grand jurors.

Garcetti, the No. 2 man in the district attorney’s office, indicated he was particularly concerned about two stories this week in the Los Angeles Herald Examiner. One report quoted an anonymous juror as revealing that the grand jury had to vote several times to gain the 14 votes necessary to indict Fiedler.

The second story--published after Munoz and the district attorney’s office issued reminders to grand jurors not to discuss the case--stated that a key element in Clarke’s indictment was a secretly recorded comment suggesting he knew a proposed contribution from the Fiedler camp to state Sen. Ed Davis might be illegal.

Fiedler, 48, and Clarke, 39, were indicted last week on charges of offering a $100,000 campaign contribution to lure Davis out of the Republican U.S. Senate race. After two court continuances from Munoz, they are due to be arraigned and enter a plea Feb. 7.

The Times, quoting sources close to the case, reported this week that the district attorney’s office recommended to the grand jury that it not indict Fiedler. The prosecutor did, however, recommend indicting Clarke.

Herb Steinberg, one of three attorneys representing Fiedler, said he agrees with Munoz that the grand jury leaks should be investigated. But he also renewed his call for the judge to investigate the role of grand jury member Richard Ferraro--who once served with Fiedler on the Los Angeles school board--in the indictment.

“I feel it’s a question of his impropriety for failing to excuse himself, having had personal dealings (with Fiedler),” said Steinberg.

Ferraro has declined comment on the case.