Judge OKs Use of Hearsay at Elys’ Hearing

A Ventura County judge ruled Wednesday that prosecutors may use hearsay evidence to outline conspiracy and embezzlement charges in an upcoming preliminary hearing for Ventura Community College District Trustee James T. (Tom) Ely and his wife, Ingrid.

Municipal Judge Thomas J. Hutchins ruled that the Sept. 19 hearing for the couple is subject to Proposition 115, which allows people such as police officers to testify during preliminary hearings in criminal cases about what others told them.

Tom and Ingrid Ely were arrested last month on charges that they bilked the district out of thousands of dollars in improper trip expenses. They were charged with two counts each of conspiracy to commit grand theft, and Tom Ely was charged with eight counts of embezzlement and 19 counts of making fraudulent claims.

Tom Ely’s attorney, James M. Farley, had argued that the law does not apply to his client because the alleged offenses took place between July 22, 1988, and Sept. 17, 1989, and are not subject to Proposition 115. It was passed on June 5.

But Hutchins ruled that the portions of Proposition 115 allowing hearsay evidence are directed toward court procedure. He said if the court procedure in question takes place after Proposition 115 was passed, it is subject to that law.

The Elys could not be reached for comment late Wednesday.

Farley said Hutchins’ ruling surprised him.

“I think it’s plain. Our law in California says that if you want something to be retroactive, you declare it to be retroactive so voters know what they’re voting on,” he said. “But he determined that this was just a procedural provision and as such was to be applied to any crime that is to be prosecuted after June 5.”

Deputy Dist. Atty. Carol Nelson said Hutchins’ ruling will allow her to cut her witness list for the preliminary hearing and give what would have been a two-week presentation in one or two days.

“We have about 40 people who provide the foundation for financial documents in this case,” which the Elys incurred, Nelson said. Because hearsay evidence will be allowed, “I think we can probably do it with half a dozen witnesses,” she said.

Meanwhile, Board of Trustees President Gregory Kampf said a subcommittee studying the Ely case plans to ask the full Board of Trustees to demand that Ely reimburse the district for $15,000 to $18,000 in alleged fraudulent expense claims.

If the trustees approve the plan and Ely fails to pay the district back, it probably will sue him to recover the money, Kampf said.