Attorney for UCI’s Stone Is Disqualified

A federal judge has disqualified attorney Allan H. Stokke from representing Dr. Sergio C. Stone, one of three doctors at the center of the UC Irvine fertility clinic scandal, because of a potential conflict of interest.

Stokke was ordered removed from the case in a two-page order signed by U.S. District Judge Gary L. Taylor on Tuesday. The order had been requested by federal prosecutors, who pointed out that Stokke’s firm also represented Dr. Jose P. Balmaceda when the scandal erupted in 1995.

Balmaceda, Stone and Dr. Ricardo H. Asch have been accused of stealing human eggs and embryos from several women and implanting them in others. Some women who allegedly received the stolen eggs and embryos gave birth.

Of the three, Stone so far is the only one charged by a federal grand jury investigating the scandal.

Balmaceda and Asch sold their Orange County homes and left for Chile and Mexico, respectively.

Because Stokke’s firm represented Stone and Balmaceda from July to September 1995, “there is a reasonable probability that confidences were disclosed, which could be used by one party against the other,” Taylor wrote.

A potential conflict of interest could be waived if both Stone and Balmaceda agree on a waiver, but Taylor said Balmaceda declined. Balmaceda is now represented by another attorney.

Stokke expressed disappointment with the ruling and said Stone will ask Taylor to reconsider next week.

“It doesn’t seem right. The government is using this as a reason to delay the case,” Stokke said. “We’re ready to go [to trial]. Dr. Stone will ask the judge to reconsider, but at this point I’m not sure whether I’ll be able to argue for my client.”

Assistant U.S. Atty. Wayne Gross declined to comment except to say that the prosecutors’ motion is sealed. He said two court hearings were held behind closed doors, where attorneys argued over the motion. Transcripts of those hearings also are sealed, he said.