Judge Orders Release of Transcript : Assemblyman Lewis Can Appeal Ruling in His Forgery Case

A Superior Court judge on Tuesday ordered the release of the grand jury transcript in the case of Assemblyman John R. Lewis (R-Orange), who was indicted for his role in forging Ronald Reagan’s name on campaign letters mailed to voters in 1986.

But the judge delayed the effect of his ruling until Friday to allow Lewis time to appeal.

The 350-page transcript is expected to be politically embarrassing, if not damaging, because it contains the sworn testimony of several Republican aides, political consultants and direct mail specialists who were involved in preparing and distributing the phony Reagan letters in six Assembly races.

State law requires that the transcript be made public unless Lewis can show that its release would endanger his right to a fair trial.

Judge James Morris said he read the entire transcript and reviewed the evidence in the case before deciding that Lewis’ lawyer, Clyde M. Blackmon, had failed to show sufficient reason to keep the document secret.

“I find that there is neither a reasonable likelihood nor a substantial likelihood that the release of all or any portion of the transcript would prejudice the defendant’s right to a fair and impartial trial,” Morris said.

Blackmon said he would appeal the ruling to the 3rd District Court of Appeal by Thursday. He said he believed that there was a “good deal” of testimony in the transcript that, if made public, could “infect and inflame” potential jurors in the case.

Newspapers Want Unsealing

“We’re trying to keep the horse in the barn,” he said.

The state Justice Department, which is prosecuting the case, and lawyers for the Los Angeles Times and the Sacramento Bee have argued against sealing the transcript. W. Scott Thorpe, a deputy attorney general, said Tuesday that he believes any publicity surrounding the release of the transcript will not hamper the chances of finding a jury to try the case.

“It’s our position that you can get a fair and impartial trial in Sacramento, and he hasn’t shown otherwise,” Thorpe said.

Thorpe said the testimony could be important to voters in Lewis’ district because, as a sitting legislator, he continues to vote on election law issues that are the subject of the transcript.

“His constituents have the right to know that information so that they can deal with him as a legislator,” Thorpe said.

Lewis, who was indicted Feb. 6, has yet to be formally charged at an arraignment or enter a plea. Those actions have been delayed while his lawyer tries to have the indictment dismissed on grounds that the state’s forgery laws do not apply unless there is a victim who was defrauded of money or property.

Although Lewis was not among the candidates for whom the letters were sent, he has long been a key GOP campaign strategist and was among several assemblymen who helped prepare the mailers for the party’s candidates. No other elected official has been indicted in connection with the incident, however.