17 Charges Voided in Election Fraud Case

Saying that prosecutors withheld crucial evidence about a key witness from the Orange County Grand Jury, a Superior Court judge on Tuesday threw out 17 of 22 campaign fraud charges against Assemblyman Scott Baugh (R-Huntington Beach).

Baugh still faces trial on one felony count and four misdemeanor counts for allegedly lying on state-required economic interest statements.

In his ruling, Judge James L. Smith declined to dismiss charges against two GOP aides who were indicted along with Baugh in March.

The indictments were part of a six-month investigation of last year’s recall election of renegade Republican Assemblywoman Doris Allen of Cypress, who had infuriated the GOP by cutting a deal with the Assembly’s Democrats to have herself elected speaker.

The election was critical to Republicans statewide: When Baugh replaced Allen, it tilted the balance in the Assembly, which led to the selection of Republican Curt Pringle of Garden Grove as speaker.

Baugh cheered the dismissal of the charges and interpreted it as a complete vindication. He blasted Orange County Dist. Atty. Mike Capizzi, also a Republican, for what he said was a “blatant” attempt to reap political gain from the case. His attorney said he will ask the district attorney’s office to drop the remaining charges.

Prosecutors said it will take them several days to decide their next step.

“We are surprised and respectfully disagree with Judge Smith,” said Assistant Dist. Atty. John Conley.

“He ruled on procedures in front of grand jury. This is not a determination of innocence or guilty.”

The prosecutors’ options include trying Baugh on the remaining counts, appealing Smith’s ruling, filing the charges as a complaint and proceeding to trial through a preliminary hearing, or returning to the grand jury to win a new indictment.

Baugh said Capizzi’s ultimate aim in prosecuting him was to distract attention from his failure to prevent the county’s recent bankruptcy, and to help propel him to statewide office.

Several Orange County defense attorneys characterized Smith’s action as rare.

Smith declared “the viability” of the 17 dismissed counts “rest upon the testimony” of Baugh’s campaign treasurer, Dan Traxler. He said prosecutors failed to provide grand jurors with “prior inconsistent statements” by Traxler.

Characterizing Traxler as substantially “evasive and ambivalent” in his statements to district attorney’s investigators, Smith said: “To have deprived the grand jury of the opportunity to fully evaluate his credibility and consider prior statements that were both inconsistent and exculpatory as to the defendant is fatal” to the prosecution.

Traxler, reached at his Huntington Beach office, would not comment.

Baugh was indicted on four felony counts of perjury and 18 misdemeanors for allegedly concealing or misreporting tens of thousands of dollars on campaign and other finance disclosure statements.

Among the charges were that Baugh deliberately omitted a $1,000 contribution from Laurie Campbell to hide his longtime friendship with Campbell, a decoy Democratic candidate recruited by Republicans to siphon votes from Baugh’s chief Democratic rival.

All of the counts dismissed by Smith involved testimony from Traxler or reports compiled by him. The five counts remaining, were all independent of the former campaign treasurer, who resigned in December prior to Baugh’s filing his economic interest report.

Smith dismissed a misdemeanor count despite testimony from a friend of Baugh’s who said he gave Baugh $8,800 in cash for his campaign. Cash over $100 is illegal in state campaigns in California. The only connection to Traxler was that he compiled the campaign statement in which the donation was reported.

Also facing trial is Rhonda Carmony, the campaign manager for Rep. Dana Rohrabacher (R-Huntington Beach). She is charged with three counts of election fraud for helping to place Campbell on the ballot to help ensure Baugh’s victory. Rohrabacher, who had loaned Carmony’s expertise to the Baugh campaign, is Baugh’s political mentor.

The grand jury also indicted Baugh’s chief of staff, Maureen Werft, on two felonies, alleging she filed for an absentee ballot and voted. The defendants and prosecutors are due back in court today.

Times staff writers Michael G. Wagner and Dexter Filkins also contributed to this story.