In Roth Probe, O.C.’s D.A. Works Familiar Territory : Investigation: Capizzi convicted several office- holders. Critics say some backers also aided supervisor.

When charges of political corruption erupted en masse in Orange County in the 1970s with a spate of indictments against prominent public officials, it was Michael R. Capizzi who led the attack as an assistant district attorney.

Now, as county and federal authorities investigate allegations of influence peddling against Orange County Supervisor Don R. Roth, Capizzi will again be in the thick of things--this time as the Orange County district attorney.

The district attorney’s office confirmed over the weekend that it has opened a criminal investigation into allegations surrounding Roth and his political finances. Sources said the probe focuses on the question of whether Roth traded political favors for gifts.

Capizzi and several supporters said Monday that they are confident the district attorney’s office can maintain its independence in probing the politically charged Roth case.

Capizzi said in an interview Monday: “I don’t think (politics) is an issue in this. . . . I’m answering to the people of Orange County. That’s our client.”

Several critics, however, questioned Monday how effectively county prosecutors can probe a case that so directly involves one of their bosses on the county board.

These critics pointed out that it was the Board of Supervisors in January, 1990, that unanimously promoted Capizzi to the district attorney’s post, allowing Capizzi to run as an incumbent in an election that he won in June of that year. He had been chief assistant district attorney to Dist. Atty. Cecil Hicks, who resigned to become a Superior Court judge.

And Capizzi--along with the rest of the county’s department heads--will have his office’s annual funding requests heard by the supervisors next month in what promises to be one of the toughest budget seasons in years.

The supervisors “have a lot of power” over the district attorney’s office, said Thomas Avdeef, a former deputy district attorney, who was one of several candidates who lost to Capizzi in a bitter election in June, 1990.

Because of that, Avdeef said it would “seem proper” to have the state attorney general’s office or another outside agency review the Roth matter “to keep the air clear of any touch of favoritism.”

In addition to questions raised by critics and observers, campaign records show that Capizzi and Roth have relied on some of the same people for political support--including the Doughers of Laguna Beach, a family of trailer park owners at the center of the influence-peddling allegations.

District attorney’s officials have declined to say whether they expect to have a grand jury hear evidence in the case or whether they may join forces with the FBI--which has been conducting its own probe of the Roth matter.

On Monday, Capizzi himself declined to discuss details of his office’s investigation, but he said the case will be handled no differently than any other probe, even though it involves a county supervisor.

Others agreed.

Bryan F. Brown, a top county prosecutor until he went into private practice several months ago, acknowledged that the district attorney’s office is “totally dependent on the board” in funding and personnel matters.

But he added that “politics is nonexistent in Mike Capizzi’s framework when it comes to prosecutions.”

Supervisor Thomas F. Riley said: “I’m sure that if he found something--and I certainly hope he doesn’t--he probably would take appropriate action.”

And Roger R. Stanton, chairman of the Board of Supervisors, said: “There’s no question of the district attorney’s independence. . . . (Capizzi) has a pretty good track record.”

Capizzi is credited with being the field general for Hicks during a crackdown on political corruption in Orange County in the 1970s.

That crackdown resulted in 42 indictments of political figures during those years on charges ranging from money laundering to misuse of funds and bribery. Among those indicted were then-Rep. Andrew J. Hinshaw, (R--Newport Beach) as well as three county supervisors--Robert Battin, Ralph Diedrich and Philip Anthony. All four were convicted.

But several county officials said those prosecutions came during a period of “open hostility” between the supervisors and the district attorney’s office. In contrast, relations between the two offices today are by all accounts good.

In addition, there have been no major political corruption cases brought in the more than two years that Capizzi has run the district attorney’s office, officials said.

This despite several recent cases that prompted calls for prosecution. In 1991, the grand jury issued a sharply worded report lambasting public officials who effectively signed away 96 acres of public land in Laguna Niguel to Taylor Woodrow Homes California Ltd. But the district attorney’s office said it had not found enough evidence of criminal wrongdoing to file charges.

Prosecutors also decided not to file charges against any of three county planning commissioners who political activists accused of a conflict of interest after they voted on matters affecting political supporters. Two commissioners were involved in a political dinner attended by representatives of developers who had projects pending before the commission, while a third commissioner voted on matters affecting a major development company that provided him with golfing privileges and other gifts.

The Roth case also centers on conflict-of-interest allegations.

In the case of the Doughers, The Times reported last month that family members hosted Roth on three trips to a condominium on Santa Catalina Island. The Doughers also gave him what amounted to an $8,500 interest-free loan through an unusual rental agreement while he was staying at one of the trailer parks that the family owns in Anaheim.

Roth failed to disclose any of these gifts in his state-required economic disclosure statement, and four months ago he voted in favor of a condominium project on land that the Doughers own in Midway City, records show.

Campaign records show that the Doughers gave $6,350 to Roth campaigns in recent years, as well as $350 to Capizzi in 1990 and 1991.

In addition, records show that John J. Cronin, a local businessman who has been treasurer of Roth’s campaign funds since 1989, was also one of Capizzi’s biggest boosters. Cronin has donated at least $3,979.60 in campaign expenses to Capizzi since 1990, records show.

Times staff writer Mark Landsbaum contributed to this story.