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Fiedler, Clarke Enter Pleas of Innocent; March Trial Set : Defense Wants Case Dropped at Feb. 21 Hearing

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Times Staff Writer

Declaring themselves innocent at their arraignment Friday, Rep. Bobbi Fiedler and her chief aide, Paul Clarke, will go to trial March 3 on a felony charge of allegedly offering a $100,000 campaign contribution to lure state Sen. Ed Davis out of the Republican U.S. Senate primary.

Fiedler, speaking calmly, entered a plea of “not guilty” while Clarke stated he was “absolutely not guilty” of the charge contained in a single-count indictment handed down by the Los Angeles County Grand Jury on Jan. 23.

After the brief session in the packed courtroom of Los Angeles Superior Court Judge Aurelio Munoz, defense lawyers said they will immediately move to have the case dismissed at a Feb. 21 pretrial hearing.

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Harland Braun, Fiedler’s co-counsel, said the motion will be made “because there’s no evidence against Congresswoman Fiedler and because she’s innocent.” The same applies for Clarke, echoed Clarke’s co-counsel, John Yzurdiaga.

By setting what Braun termed “an extraordinarily fast trial date,” the defendants waived their right to a preliminary hearing in which a judge would have determined if prosecutors had enough evidence to warrant a trial.

Explained Braun: “We want to get this case to trial absolutely as soon as possible to vindicate (Fiedler and Clarke) and get the story out.”

Deputy Dist. Atty. Steven A. Sowders said the district attorney’s office is prepared to begin the trial immediately, noting that it “will be a fair forum for the presentation of the case.”

Sowders estimated that the proceeding will take about three weeks, with a sizable chunk of that time taken up by jury selection.

Fiedler, 48, and Clarke, 39, could each face up to three years in prison if convicted under an obscure state Election Code statute that makes it a felony to pay or offer money to a candidate to secure his withdrawal from an election.

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The district attorney’s office, after presenting its evidence to the grand jury, had recommended against indicting Fiedler, and high-ranking prosecutors concede that they will have great difficulty persuading a jury of Fiedler’s guilt. The district attorney’s office, however, did recommend the indictment of Fiedler’s fiance, Clarke.

At a brief press conference across the street from the Criminal Courts Building, Yzurdiaga said that “casual conversations” concerning the possible dismissal of the case have taken place with authorities. But Sowders later denied the contention, saying defense attorneys “may have discussed it among themselves--but not with us.”

‘Expect to Win’

Fiedler, meanwhile, asserted that the district attorney has no case against her and added that she has no plans to quit the Senate race. “I expect to win,” the Northridge congresswoman emphasized.

The Fiedler-Clarke case was assigned by Munoz to Los Angeles Superior Court Judge Robert T. Altman, who will also rule on the pretrial dismissal motions.

In addition, Altman must decide whether the defendants should undergo the normal booking process for people charged with crimes. Defense attorneys have objected to the booking, expressing concerns that copies of any police mug shots could eventually end up in the hands of Fiedler’s political opponents and be used against her in campaign flyers.

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