Citron Hearing Over Evidence Postponed : Bankruptcy: A judge puts off consideration of lawyer’s request for access to materials. Attorneys attribute delay to expected action by the grand jury.
Citing the likelihood of new developments he did not want to discuss in open court, Superior Court Judge David O. Carter Tuesday postponed until Friday a hearing on former Treasurer-Tax Collector Robert L. Citron’s request for access to evidence compiled by the district attorney’s office that might influence his sentencing.
Carter did not elaborate on the developments, but attorneys said after the brief hearing the judge was referring to expected action by the Orange County Grand Jury, which reportedly is preparing civil accusations against Supervisors Roger R. Stanton and William G. Steiner and Auditor-Controller Steve E. Lewis, and possibly criminal charges against former Budget Director Ronald S. Rubino.
Citron, who is scheduled to be sentenced Dec. 29 for his conviction on six felony counts of securities fraud and misappropriation of funds, left the hearing without speaking and went into the district attorney’s office. He faces up to 14 years in prison and $10 million in fines.
Hoping to persuade the judge that Citron should be sentenced to probation instead of prison, David Wiechert, Citron’s attorney, had asked the court for access to virtually all the evidence amassed in the district attorney’s yearlong investigation of the events that led to the bankruptcy.
Wiechert said he intends to show that Citron was duped by financial advisors and that other county officials were equally responsible for the $1.69-billion loss in the county’s investment pool.
Carter earlier ordered the district attorney to release to Citron all the evidence in the case against former Assistant Treasurer Matthew R. Raabe, who faces the same six charges, but he declined to release testimony of others still under investigation. Raabe’s trial is pending.
After Tuesday’s hearing, Wiechert said he intends to ask Carter on Friday to release transcripts of Raabe’s testimony before the grand jury last week.
In an unusual development, Raabe agreed last week to cooperate with prosecutors and to testify about his role in the collapse of the county’s funds. Raabe spent a day and a half before the grand jury.
Wiechert said he will ask Carter to postpone Citron’s sentencing date to give him time to study Raabe’s recent testimony. “The information with regard to Raabe is going to take time to evaluate,” Wiechert said.
In a separate action, Wiechert filed a motion asking Carter to disregard the county’s bankruptcy when he sentences Citron, asserting: “Contrary to the common public perception, the bankruptcy and its effects are not an outcome of the crimes in this case.”
Wiechert argued in court papers that the case against Citron involves “the misapplication of public monies from one public fund to another” and not Citron’s flawed investment strategy.
“Any reference to the bankruptcy and its effects in Mr. Citron’s sentencing would be inflammatory and wholly immaterial to the court’s sentencing decision,” Wiechert wrote.
After Tuesday’s hearing, Wiechert said he intends to call witnesses when Citron eventually is sentenced.
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