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Roth Probe Nearing Close, Dist. Atty. Says : Investigation: Capizzi gives a seven-day timetable as speculation mounts about a possible plea agreement for ex-supervisor forced from office.

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TIMES STAFF WRITERS

As speculation mounted about a possible plea agreement, Dist. Atty. Michael R. Capizzi said Tuesday that an 11-month investigation into influence peddling allegations against former Supervisor Don R. Roth will be wrapped up within seven days.

Capizzi declined comment about the likely result of the wide-ranging probe that forced Roth’s resignation. Roth’s attorneys have been meeting with prosecutors in recent weeks to discuss a possible resolution of the inquiry.

“Discussions are ongoing,” Roth attorney Paul S. Meyer said Tuesday, characterizing the talks as “constructive.” Meyer also agreed Capizzi’s seven-day timetable for concluding the case is “certainly a reasonable expectation.”

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Although prosecutors have talked for months of attempting to bring the case to a quick end, the timetable Capizzi offered Tuesday is the most definite indication that the investigation is nearing a close.

“I think it is safe to say that we are about ready to conclude what we’ve been doing,” Capizzi said. “It would be premature to say what would happen. It’s not productive now to get into those kinds of discussions.”

Capizzi said he has not been involved in any formal discussions with Roth’s lawyers since Roth resigned, but he endorsed Meyer’s assessment of the meetings. He also said it was too early to predict the outcome of the talks.

“It’s kind of like the situation in Waco, Texas,” the district attorney said of the protracted negotiations involving barricaded cult leader David Koresh. “It’s crazy to say. One minute things might be constructive, the next minute they might be breaking down.”

Deputy Dist. Atty. Guy N. Ormes, the lead prosecutor in the case, said Tuesday that no definite decisions have been made on what if any charges would be brought against Roth.

“We are still considering our filing options,” he said.

Since May, the district attorney’s office has been investigating allegations that Roth traded political favors for thousands of dollars in home improvements, landscaping, stock, trips, an $8,500 interest-free loan and other unreported gifts from people with business before the county. Many of the allegations were first raised in The Times.

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Roth resigned effective March 1, saying that the investigation made it difficult to continue representing the interests of his North County district. Roth has repeatedly denied any criminal wrongdoing.

But since his resignation last month, Roth has maintained a very low profile in the county and in his home base of Anaheim, where he once served as mayor, friends and political associates of the former supervisor said.

At the same time, Roth’s sudden exit from the political and social scene has prompted increasing talk about a possible outcome of the criminal investigation.

Capizzi said last month that Roth had not cut a deal with the district attorney’s office before his resignation and that prosecutors would continue to pursue the case aggressively even with Roth out of office. At the time, Capizzi publicly mentioned the possibility of jail time if Roth were convicted.

But there is now widespread speculation among county political figures that Roth would most likely avoid incarceration if charges are brought against him. Anaheim Mayor Tom Daly said Tuesday that rumors have been flying about the possible outcome of the Roth investigation.

“Information has been tighter than a tick,” added former Anaheim Mayor William Thom, a longtime political associate of Roth’s. “But the talk is that Don will most likely plead guilty to some misdemeanors and pay a hefty fine.”

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Numerous other political officials, who declined to be identified, offered the same scenario.

Although the state investigation is nearing an end, the FBI said it would continue to monitor the district attorney’s investigation. The FBI had opened its own investigation into the Roth matter, but an official indicated Tuesday that the possible charges would not fall under federal jurisdiction.

“Our investigation is not closed,” said James Donckels, agent in charge of the Santa Ana office. “We know exactly where we are. We know exactly where we are going, but we’re not in a position to discuss it.”

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