Baugh Backers Blast Capizzi in Court

Prosecutors and defense attorneys heatedly attacked each other Monday during arguments for a motion to disqualify Orange County Dist. Atty. Michael R. Capizzi from prosecuting Assemblyman Scott R. Baugh (R-Huntington Beach).

Defense attorneys claimed the campaign fraud case against Baugh is built upon the perjured testimony of a key prosecution witness and driven by Capizzi’s political ambition.

“They’ve lost their collective judgment,” said Ronald G. Brower referring to the district attorney’s office. “They are suffering from paranoia.”

But prosecutors accused the defense of distorting facts and creating a self-serving political firestorm to turn attention away from Baugh’s alleged misconduct.

“Their motives are transparent,” said Brent Romney of the district attorney’s office. “They are just throwing things up against the wall to see what sticks . . . . Nothing sticks.”

Municipal Judge William L. Evans said hopes to decide by Wednesday whether Capizzi’s office should be removed from the case. Also, Evans may rule upon another defense motion to drop the entire case against Baugh.

Baugh faces felony and misdemeanor charges of campaign finance fraud. Most of the charges allege that the legislator misreported campaign loans and contributions during the 1995 special election to replace Cypress Republican Doris Allen, who was recalled during that election.

If convicted, Baugh could be sentenced to a maximum of seven years in jail.

Although rarely successful, recusal motions are sometimes granted, as in Capizzi’s bankruptcy-related misconduct case against Orange County Auditor-Controller Steve E. Lewis. Last week, a state appeals court judge ruled Capizzi’s office would be hard pressed to give Lewis a fair trial because it suffered significant losses during the bankruptcy.