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D.A.’s Office Discusses Poll Guard Case With Critics

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TIMES POLITICAL WRITER

In an attempt to cool tempers, Orange County district attorney officials met Thursday with community leaders upset about a lack of progress in the criminal investigation of Republican Party officials who placed uniformed guards at polling places in the 1988 general election.

Leaders of Americans for Constitutional Justice, a group that has been picketing the district attorney’s office and demanding criminal charges in the case, called the meeting positive but added that this type of communication should have been offered long ago.

With no official comment in nearly two years, members of the group had questioned whether any investigation was under way and suspected that political bias was behind the long delay.

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“This is an issue of major public concern and I think they had an obligation to communicate with the public,” said Paul Garza, former executive director of the Orange County Democratic Party and a member of the community group. “This particular crime had a major public impact. . . . I don’t think they realize how important this is.”

Rueben Martinez, head of the group, added, “Where there’s a lack of communication, more rumors begin. There’s a lot of people saying that no charges are going to be filed because they’re Republicans.”

Americans for Constitutional Justice, which includes several Democratic and Latino leaders, has called on Dist. Atty. Michael R. Capizzi to withdraw from the case because his office is investigating some of the same Republican Party officials who are helping with his Nov. 6 reelection campaign.

Capizzi denied there is a conflict of interest because he is not directly involved in the case, which is being investigated by his assistant, Deputy Dist. Atty. Wallace Wade.

Wade said Thursday he invited the community leaders to discuss the investigation in hopes of clearing up misunderstandings about its progress. He told them the county investigation has been completed and the findings turned over to the U.S. Justice Department in Washington for a review to determine whether charges are warranted.

About communicating with the community, Wade said: “I suppose if we had a staff that was doing that it would be great. The media bears some of the responsibility. Our primary responsibility is to the investigation.”

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The poll guard case stems from a decision in November, 1988, by Republican Party leaders and officials from the campaign of Assemblyman Curt Pringle (R-Garden Grove) to place 20 uniformed guards at polling places in predominantly Latino neighborhoods.

Republican officials said they acted on a rumor that Pringle’s then-Democratic opponent, Christian R. (Rick) Thierbach, was planning to bring in busloads of illegal voters. Democrats charge, however, that the intent of the guards was to intimidate Latino voters.

Both sides in the meeting Thursday added they were frustrated by a recent letter from the Justice Department that indicated the federal government may not have jurisdiction since the case involved a state Assembly race, not a federal office.

There were federal candidates on the ballot, but Justice Department spokesman Doug Tillett said Thursday the law is based on the intent of the perpetrator.

“If the intent was to interfere with a federal election, that would have been a different circumstance,” he said. “My understanding is that the intent was to distract voters in a local race.”

Wade said there are also allegations that state voter intimidation laws were violated, and that is still being reviewed.

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While Thursday’s meeting was considered helpful by both sides, Martinez said he expects the pickets will continue.

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