Roth Pleads Guilty to 7 Counts : Corruption: Former O.C. supervisor, who quit under pressure of conflict-of-interest probe, is fined and gets probation, community service, but no jail time.

Somber but unrepentant, former Orange County Supervisor Don R. Roth pleaded guilty Thursday to seven criminal misdemeanors and agreed to pay $50,000 in fines, ending an influence-peddling probe that shattered his once-thriving political career and rocked county government for nearly a year.

Roth, 71, who resigned from the Board of Supervisors on March 1, escaped jail time and felony convictions. But he was ordered to serve three years’ probation and perform 200 hours of community service at an Anaheim youth center as part of a plea agreement worked out with prosecutors over the last two weeks and finalized in court Thursday.

Both sides claimed victory.

“We take this as an acknowledgment that Don Roth was not engaged in corruption,” defense attorney Paul S. Meyer said. “This case amounted to technical violations (of state law). . . . It was more negligence than anything else.”

Prosecutors conceded that they never found a “smoking gun” to prove Roth effectively traded political favors for thousands of dollars in unreported gifts, something they had been seeking to show for months. But they said they were satisfied with the agreement and contended that it sends a strong signal that they will crack down on lapses in political ethics.

“It’s nice to see this is finally over with, and we can move on,” Orange County Dist. Atty. Michael R. Capizzi said. “This was a violation of the public trust, and we certainly view that very seriously.”

The plea agreement ended a rare criminal prosecution under the state’s 1974 Political Reform Act. Roth admitted that he had accepted numerous gifts from three businesses and the city of Anaheim and then voted on matters affecting them. Many of the issues in the case were first raised in The Times.

The deal also concluded an 11-month investigation that many believe has hastened a new era of political reform in Orange County politics. In the wake of Roth’s resignation, county officials have rushed to win back public confidence by drafting an almost total ban on gifts to politicians, and municipal leaders have promised ethics measures of their own.

“Don Roth paid a terrible price,” said Supervisor William G. Steiner, Roth’s successor. “Every human being has frailties and may not conduct themselves appropriately at times. But this just shows that the political process can be very dangerous and can compromise good people.”

“I really haven’t been looking forward to this,” Supervisor Thomas F. Riley, a close friend and supporter of Roth’s on the board, said after the plea was struck. “But now we’ll get back to some normalcy.”

Roth said little during a 45-minute hearing before Municipal Judge Richard W. Stanford Jr. on Thursday, biting his lip occasionally as he stood with hands folded. But as he left the courthouse with his arm around his fiancee, the former Anaheim mayor told reporters glibly: “I’m going to Disneyland!”

In a scathing search warrant affidavit two months ago, Capizzi’s office said that it suspected Roth of campaign money laundering, obstruction of justice and other possible felonies in the case. Prosecutors backed away from those allegations on Thursday, saying they did not have enough evidence to move ahead with the more serious charges.

But critics attacked the agreement, questioning whether prosecutors went easy on Roth once he left office. Several pointed out that he will be able to pay back some or most of the $50,000 in fines from his campaign account--depending on how much money Roth ultimately must spend on his mounting legal bills. Roth’s account had $64,000 as of Dec. 31.

“You just wonder how much was worked out behind closed doors that the public will never know about,” said William R. Mitchell, a Tustin attorney who is president of the Orange County chapter of Common Cause.

“His resignation and pleading guilty would indicate that there might be more to it, but that we’ll never know,” Mitchell said. “When the political system and the judicial system meet, you can never get a clear decision. Every decision is murky and unsatisfactory.”

Orange County Public Defender Ronald Y. Butler said that, while he believes the case was handled fairly, the public may well see it as a win for Roth.

“I think there is a basic lack of trust when a politician gets in trouble,” Butler said. “People feel that that person should be made an example of. In this case, people might feel he influenced the result because he is a politician.”

Roth, a former Navy aviator, became one of the most powerful political officials in the state’s third-largest county. He is the highest-ranking elected official in the county to be convicted on criminal charges since 1980.

The gifts involved in the plea were: meals, trips and an $8,500 loan to Roth from an Orange County family that owns a dozen mobile home parks; more than $15,000 in expansions, additions and other improvements at Roth’s Anaheim Hills home from the Presley Cos. of Southern California; the landscaping of Roth’s front yard by the Baldwin Co., another major developer; and sports tickets and free rounds of golf from the city of Anaheim.

Roth also admitted voting on matters that affected the mobile home park owners, the Presley Cos. and the city of Anaheim--all in violation of state conflict-of-interest laws.

He faced a maximum of 42 months in prison for the seven counts, Judge Stanford noted, but no jail time was imposed under the plea struck between prosecutors and Roth’s defense team.

Some saw jail as unnecessary. “For a politician, resigning from politics is already the death penalty,” said Robert M. Stern, a political ethics law expert who co-authored the state’s Political Reform Act. “That’s the most important part of any enforcement action, and that was accomplished.”

Roth’s attorney, Dana W. Reed, maintained Thursday that the conviction should serve notice on some 1,000 politicians in Orange County--who will file annual state gift-disclosure forms this month--that prosecutors are enforcing a new “zero tolerance” policy that allows no room for even technical errors.

“I think this has much greater significance than just a former supervisor pleading guilty to some misdemeanor,” Reed said. “What this tells the other 999 of us who fill these forms out is that they better be examined carefully or we could find ourselves facing criminal charges.”

Beyond the charges filed Thursday, the district attorney’s office did not press numerous other issues that had arisen in press reports on the case and in its own criminal investigation, including Roth’s failure to report the source of shares of stock he received, his acceptance of airline flight upgrades, his double-billing of a $2,900 airline flight to Europe on a business trip, and his alleged falsification of a home-mortgage application.

Prosecutors had been seeking to make a case that Roth effectively traded political favors for what amounted to as much as $40,000 in unreported gifts from Southland business people with interests before Orange County government. But prosecutors said they did not find enough evidence to support a “quid pro quo” theory and to press bribery or other felony charges.

“You really have to show an actual exchange--’for this, I’ll do that’--and we didn’t have it,” Assistant Dist. Atty. Wallace J. Wade said.

Deputy Dist. Atty. Guy N. Ormes, the lead prosecutor in the case, added, “What we were trying to do is to go after the ones that were really solid.”

The Roth affair began last April when The Times disclosed that the supervisor had failed to report three trips to Santa Catalina Island and what amounted to an $8,500 interest-free loan from the Doughers of Laguna Beach, a family of political supporters that owns a dozen mobile-home parks.

Two weeks later, the district attorney said it was opening a criminal investigation into Roth’s affairs.

The “purpose” of one of the Catalina trips in 1991, according to Dougher business records later disclosed publicly, was to discuss an upcoming vote by the supervisors on the rezoning of a family property in Midway City for a $5-million condominium project. Roth voted with the board to authorize the project in December, 1991, overturning a Planning Commission ruling.

The scandal mushroomed from there, as Roth faced new allegations that he had accepted thousands of dollars in stock, airline flight upgrades, home improvements, landscaping, trips, meals and other unreported gifts from people with business before the county.

The Orange County Grand Jury began taking testimony in the case last winter, and several of its members attended Thursday’s plea hearing. Commissioner Vincent Pauley said the grand jury’s case is technically not closed.

The district attorney took its most aggressive public stance in the case in January, with the search warrant affidavit that accused Roth of a range of possible felonies. Prosecutors used the affidavit to secure a search warrant giving them access to Roth’s bank records.

Soon after those allegations came out, Roth’s base of political support began to show signs of crumbling.

Roth’s colleagues on the Board of Supervisors and political supporters had, for the most part, rallied around him when questions first surfaced. In June, he stood on stage with fists clenched before the American flag as fellow Republicans cheered him on at a party function and offered words of support.

Roth began abstaining more frequently from government votes, recusing himself 10 times in a period of weeks because of possible conflicts of interest that arose during the investigation. Fellow supervisors, meanwhile, began voicing public concerns about the case’s paralyzing effect on government.

Associates say the one-two punch of the district attorney’s affidavit and Roth’s deteriorating political support forced the supervisor to rethink his future. On Feb. 23, Roth announced that he was resigning effective March 1 because, he said, the probe was eroding his ability to serve the county.

Lawyers for both Roth and the district attorney insisted at the time that no deal had been struck, and Capizzi vowed to pursue the case aggressively. The district attorney, who had built a reputation for prosecuting public corruption cases, said on the day of Roth’s announcement that prosecutors would pursue “fines and/or jail” as deemed appropriate--even with Roth out of politics.

But talks between the two sides began almost immediately. Meyer, in fact, paid Capizzi a courtesy call in advance of Roth’s Feb. 23 announcement to let him know that Roth would be resigning his seat. Since then, the two sides had met four or five times to discuss the case before Thursday’s agreement.

Meyer said Roth came to realize as the discussions wore on that the district attorney could make a strong case in court that Roth had violated political reform laws--even if the violations were inadvertent.

The decision to plead guilty was “terribly painful,” Meyer said. “There’s a tremendous amount of suffering in this case (for Roth). He loves public service.”

Roth will fulfill his community-service sentence by helping the Boys and Girls Club of Anaheim relocate.

Michael J. Sofia, executive director of the youth club, said he looks forward to Roth’s help. “When I look at a man, I look at what he has done for the kids and the community, and in my eyes he is one hell of a man. It’s a shame that people forgot the good, positive things that Don has done.”

In addition to spelling out Roth’s work at the youth center, the plea agreement bans Roth from seeking elective office or doing any work as a lobbyist for four years. Because of the nature of his conviction, Roth, a former real estate broker, would also be prohibited from getting a license as a realtor for at least several years, state Department of Real Estate officials said.

Roth has not indicated how he plans to spend his time now that he has resigned from county service.

It was as a real estate agent in Anaheim that Roth, a Chicago native, began developing contacts in the local community during the 1960s, working with various civic groups and getting involved in local politics.

A relentless campaigner, Roth was appointed to the City Council in 1970 and elected in 1976, gaining strong support from the business community. His pro-business philosophy later helped win the mayor’s post as well.

Roth hit his political zenith in 1986 when he was elected supervisor from his North County district after a tough election campaign. He continued to oppose new regulations on business and worked to scale back government costs.

An unabashed booster of Anaheim, Roth doggedly pursued the idea of linking the city to Las Vegas via a high-speed rail train. He worked just as hard to keep two proposed jails out of the area--fights that he won. The county is still searching for a site for a major new jail.

Times staff writer Matt Lait contributed to this report.

More Roth Coverage

SPECIAL TREATMENT?--Some observers say that poor defendants usually don’t get the treatment Roth received because they are unaware of their legal rights. A26

CHRONOLOGY OF THE CASE--As the case progressed, Roth went from calling the accusations “ridiculous” to admitting “errors” that would be corrected to resigning and pleading guilty. A28

OFFICIALS REACT--Prosecutors, friends and Orange County business leaders have their opinions on the case. A28

THE CHARGES--Specifics of the seven counts that Roth pleaded guilty to on Thursday. A29

DON ROTH PLEADS GUILTY

“It’s nice to see this is finally over with, and we can move on. This was a violation of the public trust (by Roth), and we certainly view that very seriously.”

--MICHAEL R. CAPIZZI, Orange County district attorney.

“I’m going to Disneyland!”

--DON R. ROTH, after pleading guilty to seven criminal misdemeanor counts.

“When the political system and the judicial system meet, you can never get a clear decision. Every decision is murky and unsatisfactory. You just wonder how much was worked out behind closed doors that the public will never know about.”

--WILLIAM R. MITCHELL, lawyer and president of Orange County Common Cause

“The case has brought a new awareness to the Board of Supervisors, and I guess all elected officials in Orange County. In this day and age, there is a need to be very scrupulous about doing anything that can be perceived as accepting favors or creating a conflict of interest.”

--JACK LINDQUIST, president of Disneyland

“I think this has much greater significance than just a former supervisor pleading guilty to some misdemeanor. What this tells the other 999 of us who fill these forms out is that they better be examined carefully, or we could find ourselves facing criminal charges.”

--DANA W. REED, one of Roth’s attorneys

“A prominent officials gets treatment one way, while Danny Doper gets treated another. It’s like people who have money and influence and good ol’ boys aren’t supposed to go through the system like everyone else.”

--RUSSELL A. BOSTROM, retired Orange County Municipal Court judge, now professor of criminal procedure at Western State University College of Law, Irvine

“When I look at a man, I look at what he has done for the kids and community, and in my eyes he is one hell of a man. It’s a shame that people forgot the good, positive things that Don has done.”

--MICHAEL J. SOFIA, executive director of the Anaheim Boys & Girls Club,

where Roth will serve his community service

“The man has given up his job (and has been) held up to public ridicule. He’s been punished enough already. It’s not a very pleasant way to end it, going from the top to the bottom.”

--MARSHALL M. SCHULMAN, defense attorney

Tale of the Take

State law requires local government officials to list gifts worth at least $50 received in the past year, and bans them from voting on matters affecting anyone who has given them more than $250 in gifts during the previous year. Those provisions were used to convict former Supervisor Don R. Roth of seven misdemeanors. Roth pleaded guilty to the following crimes:

Count 1: On March 28, 1991, Roth failed to disclose on a state-required economic interest report that the Presley Cos. of Southern California remodeled his home, added a room, built a wall and relocated an air conditioner between Jan. 31 and Nov. 9, 1990.

Count 2: On the same date, Roth failed to disclose in the same report that the Baldwin Co. landscaped his home on Nov. 11, 1990.

Count 3: On April 1, 1992, Roth failed to disclose in a subsequent report that the city of Anaheim gave him tickets to sports events and two rounds of golf between Jan. 26 and Sept. 21, 1991.

Count 4: On the same date, Roth failed to disclose in the same report that Dorothy, Gerald and Donald Dougher provided meals, trips and a loan for the rent of housing between Jan. 30 and Dec. 30, 1991.

Count 5: On July 19, 1989, Roth voted as a member of Orange County’s Local Agency Formation Commission to continue the city of Anaheim’s Coal Canyon annexation project after having received more than $250 in gifts from the city.

Count 6: On Dec. 10, 1991, Roth voted to approve construction of a 42-unit condominium complex on land owned by the Doughers in Midway City, after having received more than $250 in gifts from them.

Count 7: On March 26, 1991, Roth voted to reimburse the Presley Cos. of Southern California $45,544.10 for construction of drainage facilities after having received more than $250 in gifts from the company.

Source: Orange County district attorney’s complaint

Roth Case Concludes

Eleven months after he initially branded allegations of gift-reporting violations against him “ridiculous,” former Orange County Supervisor Don R. Roth pleaded guilty in Central Orange County Municipal Court Thursday to seven misdemeanors. Here’s how the case unfolded.

April 18, 1992

The Times reports that Roth failed to disclose on state-required gift forms that he had accepted three trips to Santa Catalina Island and an $8,500 housing loan from a family of political supporters. Two weeks later, the Orange County District Attorney’s office says it will investigate.

“I wasn’t trying to hide anything. There was no intent to circumvent the law .... To try to paint me as a dishonest guy, to me that is ridiculous.”-Supervisor Don R. Roth

June 24, 1992

Businessman Donald G. Dougher reveals he and Roth backdated by some 16 months a critical rental agreement that set in motion the Doughers’ $8,500 loan to Roth.

“When the document was signed doesn’t have any relevance. It could be dated tomorrow, and it doesn’t change the facts.”-Roth attorney Dana W. Reed

Oct. 30, 1992

The Times reveals that in early 1990 Roth and then-wife, Jackie, received more than $15,000 in free or undervalued home improvements and additions to their Anaheim Hills home from the Presley Cos., a major area home builder. The D.A. later probes whether Roth helped kill a key fire-safety ordinance in return.

“This is all Jackie’s deal. Don had no interest in these changes.”-Reed.

Nov. 5, 1992

Four of Roth’s aides are ordered to appear before the Orange County Grand Jury as part of the probe. Three of them agree to testify only after being promised immunity from prosecution.

“We’re happy to answer any subpoenas.”-Roth

Nov. 13, 1992

Breaking months of silence, Roth predicts for the first time that he will be exonerated.

“I feel that I’ve been unjustly accused, and I’ve not had an opportunity to have my day in the court. I’m looking forward to the day when I can say, ‘This is it. What’s the problem area?’...I’m going to run for reelection.”--Roth

Nov. 21, 1992

The Times reports that the Baldwin Co., a major area developer, paid nearly $2,000 to landscape Roth’s front yard in 1990, but never billed the supervisor. Reed says Roth owes half the bill and claims Jackie is responsible for the rest.

Roth will pay his “fair share.”-Reed

Jan. 15, 1993:

The Times reports that Roth double billed nearly $2,700 in air fare for a technology tour of Europe to both his campaign account and a bi-state transportation commission on which he served.

“Once it came to his attention that there was an error of some sort, he reimbursed (his political campaign) committee .... Obviously, (the error) was not intentional.”-Reed

Jan. 25, 1993

The district attorney files a search warrant affidavit revealing that prosecutors suspect Roth of perjury, theft, obstruction of justice, campaign money laundering, and other possible felonies.

“I have nothing to say.”-Roth

Feb. 23, 1993

Roth announces his resignation from the Board of Supervisors. Reed maintains his client committed nothing more than “technical, inadvertent violations” of state political law.

“It has become clear to me that the controversy surrounding the investigation by the district attorney is taking its toll on my ability to fulfill my official responsibilities.”-Roth

March 25, 1993

Roth pleads guilty to seven counts of conflict-of-interest and political reporting violations. He is sentenced to 200 hours of community service and fined $50,000.

“The closure of this case exonerates ex-supervisor Roth from allegations of corruption and dishonesty.”-Roth attorney Paul S. Meyer

Source: Times reports; Researched by ERIC LICHTBLAU / Los Angeles Times