Affidavit in Capitol Probe Remains Sealed

Attorneys for Assemblyman Pat Nolan (R-Glendale), Sen. Frank Hill (R-Whittier) and a former legislative aide won a preliminary victory Thursday in their attempt to block public release of a court document justifying an FBI search of the lawmakers’ Capitol offices in 1988.

The U.S. attorney--joined by lawyers representing The Times and the Sacramento Bee--argued that there was no longer any reason to withhold the 108-page affidavit describing the potential political corruption case against Nolan, Hill, legislative aide Terry E. Frost and others.

But U.S. Magistrate Judge John F. Moulds decided to pass the decision on unsealing the document to U.S. District Judge Edward J. Garcia, who will preside at the trial of Nolan, Hill and Frost set to begin next March. Garcia could rule on the release of the document at a hearing set for Oct. 8. Five years ago, Moulds relied on the affidavit to issue a warrant allowing federal agents to raid the Capitol offices of Nolan, Hill and Frost in 1988. In April of this year, the three men were indicted by a federal grand jury on political corruption charges.

They had been caught up in an elaborate FBI sting operation in which agents posing as businessmen sought legislation to benefit their bogus companies. All three have pleaded not guilty.