D.A. Subpoenas 2 Roth Aides in Gifts Inquiry : Investigation: It is part of a probe into whether the supervisor accepted thousands of dollars in unreported items. Two other staff members are sought for questioning before the county grand jury.

Two aides to Orange County Supervisor Don R. Roth were served subpoenas Thursday ordering them to appear before the county grand jury next week, as part of a widening investigation into whether Roth accepted thousands of dollars in unreported gifts.

The Orange County district attorney’s office also sought to serve subpoenas on two other Roth assistants, but those employees were not in Roth’s Hall of Administration office at the time.

Investigators walked unannounced into Roth’s fifth-floor office about 2:30 p.m., handing subpoenas to aides Christine Smith and Wilma (Bunnie) Davis and requesting their signatures on them. Smith told investigators that she had been instructed not to talk to them.

“Whatever they are after can’t be good,” she said later. None of the four women are thought to be a target of the six-month investigation.

Outside his office, Roth said: “We’re happy to answer any subpoena.” He declined further comment.

Roth’s attorney, Dana W. Reed, said he was not worried about the subpoenas either. “This is nothing to be intimidated by,” he said. “Obviously (the aides) will tell the truth, and everything will come out.”

The district attorney opened a criminal investigation in May, seeking to determine whether the 71-year-old official engaged in a pattern of influence-peddling by exchanging political favors for gifts from local business people. The FBI is also investigating similar issues.

Chief Assistant Dist. Atty. Maurice L. Evans declined comment on the subpoenas Thursday. But Reed said he assumes that the aides would be questioned about their knowledge of the supervisor’s gift-reporting practices.

“I’m assuming (the grand jury) will be asking about what has appeared in the Los Angeles Times,” Reed said. “I’m just guessing, but that’s a fairly educated guess.”

The Times has reported that in recent years Roth failed to report in state-required filings that he accepted numerous gifts from local business people, including meals, trips, shares of stock and an unusual $8,500 rent deferral. County records show that he then voted on issues affecting those business people, a potential violation of the state’s Political Reform Act.

The newest allegations against Roth came last week when The Times reported that he had accepted thousands of dollars in free or undervalued additions to his Anaheim Hills home from the Presley Cos. of Southern California, then voted on several issues affecting the home builder. The district attorney’s office has begun investigating the home upgrades.

Roth’s ex-wife, Jackie Roth, and officials at the Presley Cos. have already spoken voluntarily with the district attorney’s office. But now, the district attorney’s office has for the first time subpoenaed staff members who work closely with the two-term supervisor.

In addition to Smith and Davis, the district attorney’s office sought to serve subpoenas Thursday on Judi Ortega and Marcella Fong. All four serve as clerical assistants to Roth, said Steven E. Malone, Roth’s chief of staff.

Smith and Davis are ordered to appear before the county grand jury Nov. 13.

Witnesses summoned before the grand jury are sworn and questioned under penalty of perjury by a county prosecutor and members of the grand jury. They are not allowed to have an attorneypresent during the questioning. Targets of a criminal investigation are ordinarily not subpoenaed to appear but may come voluntarily before the grand jury to give their side.

Reed said he was not surprised that the district attorney had decided to take the case to the grand jury to gather evidence. “This is a very legitimate way to get the facts out. And actually, Don is protected by having everyone testify under oath,” Reed said.

Both Malone, the chief of staff, and former policy aide Dan C. Wooldridge said Thursday that they have not been subpoenaed but expect to be served.

County sources said Allan H. Stokke, a criminal lawyer in Santa Ana, has been hired to represent members of Roth’s supervisorial staff during any questioning they may face in the investigation. Stokke would not “confirm or deny” his role in the case.

Roth himself is using both Reed’s law firm and attorney Paul S. Meyer, a well-known criminal attorney in Costa Mesa, to represent him in the case.

As of June 30, Roth had set aside $10,000 from his campaign funds to pay for his legal fees, according to his most recently filed campaign finance statement. He had paid Meyer and Reed a total of $6,963.76 in legal fees through June, out of a total campaign balance of more than $91,700, records show. Reed declined to say how much Roth has spent since then.

Roth’s last fund-raiser was held in May at the Mission Viejo Co. His North County supervisorial seat comes up again for election in 1994.

Times staff writer Kevin Johnson contributed to this story.