Prosecution of Lewis, Supervisors Hits Snag

In another possible setback in the prosecution of County Auditor-Controller Steve E. Lewis and Supervisors William G. Steiner and Roger R. Stanton, an appeals court has indicated there may be merit to their request to have the district attorney’s office removed from the case.

The 4th District Court of Appeal notified attorneys Friday that it wanted prosecutors to submit written legal arguments supporting their contention that they should not be removed from the case.

The defendants’ attorneys have argued that Dist. Atty. Michael R. Capizzi, who played a key role during the bankruptcy crisis, has too many conflicts of interest to prosecute the case.

The appeals court already has requested oral arguments Aug. 27 to determine whether the charges against the supervisors and Lewis should be dismissed all together.

The three men are charged with willful misconduct in connection with the county’s December 1994 bankruptcy. If convicted, they face removal from office.

If the charges are dropped, a hearing on the recusal matter would not be needed. A date has not been set for the recusal hearing.

Chief Assistant Dist. Atty. Maurice Evans said Monday that the district attorney’s office will comply with the notice and believes that there are no legitimate conflicts of interest that would force his office from the case.

Stanton defense attorney Wylie Aitken, however, took the court’s request as a sign that the district attorney’s case is unraveling.