GOP Aide Not Entitled to D.A. Materials

A judge ruled Tuesday the Orange County district attorney’s office does not have to disclose internal information that led to the filing of felony charges against Republican Party activist Rhonda J. Carmony, accused of wrongdoing in 1995’s special recall election in the 67th Assembly District.

Her attorney, Creighton Laz, wanted prosecutors to reveal the details of their discussions about the case against Carmony.

Laz said he intends to file a motion on Thursday asking the judge to dismiss the charges against his client based on “malicious prosecution.”

Orange County Superior Court Judge James L. Smith met with both sides for more than two hours in his chambers Tuesday. Later, in open court, he denied several of the defense requests, including requiring prosecutors to provide an accounting of the time and money spent pursuing the charges against Carmony and having the prosecution provide details from plea bargain negotiations with three other Republican Party activists convicted in the case.

But Laz said Smith’s ruling should not be characterized as a setback because the district attorney will still have to share with the defense information on how similar cases have been handled by the prosecuting agency in the past.

Laz said he wants to compare those cases to the handling of the Carmony matter to show that his client is being prosecuted “selectively.”

“The main things we requested, we got,” Laz said. “We were given the internal criteria for what to prosecute and how to make those decisions. We were given a variety of internal information on the whole process.”

Carmony has pleaded not guilty to allegations she conspired and falsified election documents while recruiting Democrat Laurie Campbell. Campbell’s candidacy was designed to siphon votes from a popular Democratic candidate in the contest to replace Assemblywoman Doris Allen, prosecutors allege.

The special election, in which Allen was also recalled, was won by Republican Scott Baugh of Huntington Beach.

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Carmony organized Baugh’s campaign and is the campaign manager and fiancee of Rep. Dana Rohrabacher (R-Huntington Beach). Baugh himself faces felony and misdemeanor charges for alleged campaign finance fraud. Most of the charges allege that Baugh misreported tens of thousands of dollars in campaign loans and contributions during the election to replace Allen.

Carmony’s trial is scheduled to begin Monday. She is charged with one count of fraudulently making a nomination paper, one count of fraudulently filing a nomination paper, and conspiracy to make and file a fraudulent nominating paper.

In a separate case, Carmony has been charged with seven misdemeanor violations of the state Political Reform Act for her alleged role in setting up an independent campaign committee that in 1992 circulated a flier critical of a Diamond Bar councilwoman.