Rubino’s Lawyer to Request Change of Venue

A Los Angeles judge hearing the fraud case against Orange County’s former budget director was told Friday that publicity here already has ruined any chance for a fair trial.

Defense lawyer Rodney M. Perlman told Superior Court Judge J. Stephen Czuleger he will file a change of venue motion. Perlman failed in a bid to keep cameras out of Friday’s hearing for Ronald S. Rubino, though Czuleger said he will reconsider later.

Perlman also complained he was unable to defend Rubino because prosecutors want $11,000 to cover copying costs for essential documents they must share. Rubino can’t afford that, Perlman said.

“This is a man who’s been a public servant all his life,” he said.

Czuleger ordered both sides to work out a solution, saying he didn’t want to be forced to hold a hearing on evidence-sharing.

Rubino is one of three former county officials charged with diverting into a county-controlled account more than $60 million in interest due to schools, cities and local agencies. The diversions turned up during audits after the county’s $1.64-billion investment loss and subsequent bankruptcy filing.

He is charged with two counts of aiding and abetting the diversions by former Treasurer-Tax Collector Robert L. Citron and Assistant Treasurer Matthew R. Raabe.

Citron has pleaded guilty to six fraud counts and has cooperated with prosecutors in hopes of a light sentence.

His lawyer has maintained that diverting the money was Rubino’s idea.

Raabe has pleaded innocent to the same six counts. He testified before a grand jury that the diversions were a joint production of Rubino and Citron, but that he believed the idea originated with Rubino.

Czuleger was brought in after Rubino successfully argued that Orange County judges appear to have a conflict of interest in the case because their courts have suffered heavy budget cuts as a result of the county’s bankruptcy.

The judge initially wandered out into the court in shirt sleeves to introduce himself to the lawyers. Donning his robes, he worked through the initial problems quickly, setting a March 8 hearing on defense attempts to dismiss the indictment and have the district attorney taken off the case.

Perlman said he wants to question Dist. Atty. Michael R. Capizzi under oath to try to prove local prosecutors are biased.

Rubino was allowed to delay entering a plea until after the challenges to the indictment are settled.