Ex-Sen. Carpenter Says He Can’t Afford Retrial : Courts: Judge expresses doubt about his financial claims. A hearing is ordered on whether a defense attorney should be appointed in the political corruption case.

After missing two court appearances while mountain climbing in Costa Rica, former state Sen. Paul Carpenter told a federal court judge Friday that he cannot afford a lawyer for his retrial on political corruption charges.

However, U.S. District Judge Edward J. Garcia expressed doubt about claims of poverty from the former politician and ordered a hearing to review Carpenter’s financial status.

Specifically, the judge questioned the value placed on the ex-lawmaker’s Downey home, which has lost more than $250,000 in value since April, according to papers Carpenter filed with the court.

Carpenter insisted that he could not bear the expense of a second trial on four counts of racketeering, extortion and conspiracy growing out of a $20,000 campaign payment he received from an undercover FBI agent in 1986.

Garcia said the court would find an attorney to represent Carpenter at public expense but he ordered the federal defender’s office, which represented him at the hearing, to record all of its costs.

“I will decide whether you pay back all or part of the cost of taxpayers’ expenses,” the judge told Carpenter.

Two years ago, a jury convicted Carpenter on charges that included taking the $20,000 in return for help with a bill being pushed by an undercover FBI agent posing as a businessman as part of a sting operation. The money went to a committee Carpenter set up for his successful 1986 campaign for a seat on the State Board of Equalization.

As a result of the conviction, the Democratic politician was forced off the board, which oversees the administration of business taxes and hears appeals on personal income taxes. He was sentenced to 12 years in prison, but was allowed to remain free while he appealed.

Last spring, the U.S. 9th Circuit Court of Appeals reversed the conviction because the jury had not been properly instructed. But the court determined that there was sufficient evidence to support a conviction and sent the case back to the lower court for a new jury trial.

Carpenter went to the U.S. Supreme Court in an unsuccessful effort to avoid a retrial.

On Friday, Carpenter was represented in court by attorney Daniel J. Broderick of the federal defender’s office. But Broderick said his office is unable to represent Carpenter because it has other clients who were caught up in the FBI sting.

Because of that conflict, the court will pick a defense lawyer from a pool of attorneys paid to represent indigent defendants.

Garcia repeatedly questioned papers Carpenter had filed in court to support his contention that he needs a court-appointed attorney.

In April, Carpenter put a value of $650,000 on the Downey home he owns with his long-time companion Doris Morrow. But on Friday, in a sworn affidavit, Carpenter placed the home’s value at $394,000.

Carpenter said that he reduced the value because the couple had recently refinanced the property and that he was quoting the most recent appraisal.

In addition to a $202,000 mortgage on the property, Carpenter listed one other debt--a $110,000 loan from Morrow for payment of legal fees.

The former senator receives a state pension of $3,100 a month and $859 a month in Social Security benefits, according to Carpenter’s statement. He also reported receiving $800 a month from an investment, but those payments will end in April. Carpenter said he pays $1,100 a month to his ex-wife, who is seeking an increase to $1,500.

After reviewing the court filings, Garcia concluded: “It’s a close call whether he’s entitled to the services of a federal defender.”

Garcia did not fault Carpenter for missing two court appearances when he was out of the country. Carpenter’s pretrial services officer had incorrectly informed the defendant that he was no longer under strict travel restrictions, Garcia said.

The judge said he will set a trial date at a January hearing.