Ortiz Lawyer Critical of Witness’ Credibility

The attorney for former San Diego County Registrar of Voters Ray Ortiz on Tuesday asked the jury to acquit Ortiz of multiple grand theft charges and challenged the credibility of the prosecution’s star witness, who testified that Ortiz orchestrated phony invoices to steal public funds.

Defense attorney Merle Schneidewind, who is a close friend of Ortiz, engaged in an unrelenting attack on Lynn Kienle, vice president of Jeffries Banknote Co., during his closing argument to the jury. Kienle, who testified that Ortiz instructed him to prepare the false invoices, received immunity from prosecution from the district attorney’s office.

Jurors are scheduled to begin deliberations today.

Ortiz, 52, resigned in 1986 after seven years as registrar when a county grand jury indicted him on 27 felony counts of grand theft, misappropriation of public funds and making false entries in public records. Prosecutors have charged him with stealing $7,300 from the county between 1984 and 1986, and an additional $4,000 from Jeffries.

Questions About Invoices

Kienle and Jeffries, a Los Angeles-based printing firm, had a contract with the county to do all the printing for the registrar’s office. Deputy Dist. Atty. Douglas Gregg charged that Ortiz manipulated the contract to use public funds to pay for trips for himself and his staff and to divert the money for personal use.

On Tuesday, Schneidewind charged that it was Kienle who sent false invoices to the county to recover costs incurred while wooing prospective out-of-state customers. The attorney asked jurors to question Kienle’s motives for testifying against Ortiz and reminded them that he was Ortiz’s only accuser.

“It’s Mr. Kienle and the invoices. That’s it,” said Schneidewind.

Gregg charged that Ortiz ordered Kienle to pay for trips for him and his staff and then instructed Kienle to bill the county for the costs by hiding them in other invoices.

On Tuesday, Schneidewind said that Kienle agreed to pay for the trips for Ortiz, his staff and other elections officials because he wanted to expand Jeffries’ business. On one occasion, Kienle agreed to pay the hotel costs for Ingrid Gonzalez, who was an Ortiz associate, and three Chicago elections officials who attended a conference in Redding, Calif. Schneidewind said that Kienle agreed to this in order to influence the Chicago officials.

“They (Jeffries) were trying to make inroads back there (Chicago),” said Schneidewind. “ . . . I think they decided it was good business to pick up the costs for the people from Chicago. It was good public relations . . . That’s why they did it.”

The Redding conference costs amounted to $550 for Jeffries, said Schneidewind. Kienle recouped these expenses by submitting a phony invoice for $550 to the county for “program tests for San Diego modifications for the 1985 elections,” the attorney said.

Charge for Consulting

Kienle testified that Ortiz instructed him to pay Lance Gough, who is Ortiz’s co-defendant in the case, $1,000 for consulting work that was never performed. According to the scenario laid down by Kienle and the prosecution, Kienle was told to pay Gough for consulting services allegedly done for Jeffries. Kienle paid Gough and then billed the county.

An invoice submitted by Kienle to the county was supplemented with a $1,000 demand for payment for “additional consultation,” Schneidewind said. When he was on the witness stand, Kienle was asked by Schneidewind if the bill for $1,000 was the consulting work done by Gough, but Schneidewind said he was not sure.

“He (Kienle) said, ‘I believe that could be, yes.’ Why can’t he say yes,” Schneidewind said Tuesday.

Maria Caldera, who worked as a part-time employee in the registrar’s office, received $4,000 from Kienle for an elections conference that was held in San Diego. Gregg charged that part of the $4,000 was given to Ortiz to pay for a car that he purchased for his daughter. However, Schneidewind said that $1,500 of the money was paid to Caldera for helping to organize the conference and the remaining $2,500 went to pay for other conference expenses.

Schneidewind reminded the jurors that Kienle admitted billing Jeffries for a vacation that he and his family took to Lake Arrowhead by attributing the expenses to a meeting that he had with Ortiz and two others at a hotel there. Kienle said that he was reimbursed by Jeffries despite the fact that the meeting with Ortiz and the others never took place.

Gough, 32, is charged with a single count of grand theft. Caldera, 51, will go to trial next week and is charged with three counts of grand theft.