Ruling Defers Wilson Testimony in Prop. 187 Case

Winning a last-minute judicial reprieve, raspy-voiced Gov. Pete Wilson will not have to show up on the Venice Boardwalk at noon today to defend Proposition 187 under oath before heading to Hollywood to appear on the “Larry King Live” show.

Acting on an emergency brief filed by state lawyers, U.S. District Judge Mariana R. Pfaelzer on Wednesday granted a stay to Wilson and Atty. Gen. Dan Lungren to allow for a hearing Wednesday on whether the pair must make themselves available for depositions in legal lawsuits concerning the constitutionality of the illegal immigration initiative.

On Tuesday, federal Magistrate Judge Joseph Reichmann had unexpectedly granted anti-Proposition 187 attorney Stephen Yagman permission to depose Wilson and Lungren. The controversial Venice attorney scheduled appointments for the sessions at his oceanfront office for today and Friday.

State lawyers replied by filing court papers with Pfaelzer, among them a sworn statement by Wilson counsel Daniel M. Kolkey stating that Wilson should be allowed to save his larynx for “Larry King Live.” In his two-page declaration, Kolkey contends that the governor should not be subjected to a deposition at noon because of his 6 p.m. appointment on CNN--where Wilson is to declare once again that he is running for President.

“In light of his recent throat surgery, it is important for him to rest his voice to the extent he can before that interview,” Kolkey said. “I spoke with him as recently as today [Tuesday] and his voice remains raspy.”

Lungren, according to the legal papers, is in Maine at the summer meeting of the National Assn. of Attorneys General. He agreed to attend the conference 11 months ago, swore aide Linda Melton, and is serving as a presenter between 10:45 a.m. and 12:15 p.m. Friday. “As such,” she wrote, “it is impossible for him to give a deposition on June 23, 1995.”

Pfaelzer gave no reason for granting the stay.

Yagman termed Wilson’s reasoning “an embarrassment.”

“He doesn’t want to be deposed on state business so he can give an interview on ‘Larry King Live?’ It should be embarrassing to all Californians,” the civil rights attorney said.

On the other hand, Yagman added, it is not unexpected that Wilson would prefer a session with King. “In terms of questioning, it seems to be a vanity-type softball show. Down here in our offices in Venice, we only play hardball.”

Wilson spokeswoman Kristine Berman said the governor’s office is “very pleased” with the stay. Wilson, she added, “has been very clear on his position on Proposition 187 and the fact is he wants it implemented as soon as possible.”

Wilson is opposed to undergoing a live interrogation by lawyers questioning the legality of the initiative, which has been barred from implementation by Pfaelzer pending an upcoming trial in her courtroom.

At next week’s hearing, state lawyers plan to reiterate that Wilson and Lungren are too busy to be questioned and have no relevant information to provide. Except in rare cases, top elected officials are excused from being deposed in court cases, lawyers say. Yagman has countered that the officials should be required to explain under oath why they believe Proposition 187 is constitutional.