Rubino Trial Jury Selection Starts

The first criminal trial linked to Orange County’s bankruptcy began Monday with about 190 prospective jurors being questioned on whether they could be fair to former County Budget Director Ronald S. Rubino.

Some were immediately dismissed after complaining that they had been caught in the fallout from the county’s $1.64-billion financial collapse and could not dispassionately sit in judgment against Rubino.

Others were excused because they work for the county, one of them in the district attorney’s office and another in the treasurer’s office. Many others were allowed to leave because they said they could not bear the financial hardship of sitting on a trial that could last up to three months.

Rubino, 44, faces two felony counts of aiding and abetting former Treasurer-Tax Collector Robert L. Citron in a scheme to divert $60 million in interest from a public investment pool to the county’s budget. If convicted, he faces a maximum of nine years in prison.

The former budget director has strongly denied any wrongdoing. In legal papers, Rubino stated that the treasurer and auditor were responsible for maintaining the county treasury, calculating the interest, “and reporting interest and investment earnings, or making payouts of transfers of interest.”

Rubino is one of three officials facing criminal charges as a result of the bankruptcy.

Citron pleaded guilty to six felony counts of fraud and misappropriation of public funds. His top assistant, Matthew R. Raabe, has pleaded not guilty to the same charges.

Raabe was a key witness who implicated Rubino before the grand jury last year. Raabe’s testimony, however, is unlikely to be presented during Rubino’s trial because Raabe is expected to invoke his right against self-incrimination. Raabe is scheduled to go to trial in September.

Superior Court Judge J. Stephen Czuleger dismissed nearly every prospective juror who asked to be removed. Those who remained--about 125 candidates--were asked to fill out a four-page questionnaire.

Specifically, potential jurors were asked whether they owned any county-issued bonds, whether they, their friends or family members worked for the county, and whether they knew any of the more than 100 possible witnesses in the trial.

At least one prospective juror said Monday that she could not sit on the jury because she believed Rubino was being made a “scapegoat” for the Dec. 6, 1994, bankruptcy.

Another woman, who works in the county’s Health Care Agency, said she also would have a difficult time sitting on the jury because she works with friends of Rubino.

Defense attorney Rodney Perlman, Chief Assistant Dist. Atty. Jan Nolan and Judge Czuleger said they will review the questionnaires today for potential biases and reconvene Wednesday to continue with jury selection. If all goes well, a jury could be selected by the end of the week, attorneys said.

When Rubino worked for the county, he was hailed for his ability to make ends meet during fiscally tight times. He is still well regarded by many county officials. As much as $500,000 of his legal defense costs will be paid by the county.

After the jurors were dismissed for the day to complete their questionnaires, the judge held a closed-door meeting to discuss an issue related to the trial. The judge declined to reveal why the meeting was held and ordered attorneys in the case not to discuss the matter.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Polling the Jury Candidates

Prospective jurors for the trial of former County Budget Director Ronald S. Rubino answered written questions Monday, including some about the county’s bankruptcy. Some examples:

* Have you or any immediate member of your family ever purchased any bond or other financial instrument issued by the County of Orange or by any of the agencies on the attached list [of Orange County investment pool participants]? If yes, please indicate which agency, the amount and timing of the purchase and sale if applicable.

* While this case does not directly involve the recent bankruptcy of Orange County, it is a subject that may be discussed during the trial. Therefore, have you, any immediate member of your family or close friends been personally impacted by the recent bankruptcy? If yes, please describe that impact and whether you believe it would make it harder for you to be fair as a juror in this case.

* There has been some publicity about this case. Have you seen, read or heard anything about this case in the media? If yes, briefly describe what you have heard and whether it would affect your ability to be fair as a juror in this case?

Source: Orange County Superior Court