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Files Were Empty, Antonovich Says : Courts: Supervisor testifies in suit filed by Baxter Ward, who contends he was defamed in ’88 by allegations that he removed documents from his office.

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TIMES STAFF WRITER

Los Angeles County Supervisor Mike Antonovich testified in court Wednesday that when he first moved into the office of former Supervisor Baxter Ward in 1980, he was surprised to discover that the file cabinets were empty--the subject of a bitter argument between the two men that has been going on for years.

“The ones I looked at were empty,” Antonovich said under questioning from his attorney, Kenneth Klein. “It had to be by Mr. Ward or at his direction.”

Antonovich’s assertion that Ward removed the files is the basis of a civil lawsuit filed by Ward against Antonovich. The lawsuit is being heard in San Fernando Superior Court.

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Ward was defeated by Antonovich for the office in the 1980 election and failed in a comeback attempt in 1988. Ward contends that Antonovich defamed him during their 1988 campaign in several appearances and in campaign literature by publicly accusing Ward of getting rid of the files.

Unauthorized removal or destruction of public records is a felony criminal offense. Ward was never charged with such a crime.

Ward, who denies he removed any files or ordered anyone to remove them, contends that Antonovich knew or could have learned that Ward never took such action. Ward contends that the accusation cost him the election in 1988, and he is seeking unspecified monetary damages.

In earlier testimony during the jury trial, county employees testified that records showed that 177 boxes containing files from Ward’s office were moved to a county storage area in 1981, a year after Ward left office. The records also showed that the files were routinely destroyed in 1986. None of the records, however, indicated who ordered the boxes moved to storage in 1981.

Those records were found in 1989 after Ward began making inquiries, and a single box of his files was found and thrown into a trash bin by county employees. An anonymous source tipped Ward, who retrieved the box.

Antonovich’s testimony Wednesday was interrupted when the proceedings had to be stopped for the day because the court reporter became ill. Antonovich is scheduled to resume his testimony today, and is also expected to be cross-examined by Ward, who is serving as his own attorney.

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During his brief testimony on Wednesday, Antonovich said files were also missing from the district’s field offices in Pasadena and the Antelope Valley.

When asked by his attorney if anything was in the file cabinets or desk on his first day in the office, Antonovich said the only thing he found was a photograph of Ward in the desk drawer.

Klein asked Antonovich why he never called Ward to learn what happened to the files.

“Mr. Ward isn’t the type of person you call up and get much relief from,” Antonovich said. Instead, Antonovich said his staff “reconstructed” files, and “we just hit the ground working.”

Antonovich, who said Ward never called to congratulate him or offer help with the transition in 1980, testified that he concluded that Ward was responsible for the missing files because “Mr. Ward was the last person to occupy that office before I was sworn in.”

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