Motion to Disqualify D.A. Rejected in Carmony Case

A Superior Court judge Thursday rejected the bulk of a motion to disqualify Dist. Atty. Michael R. Capizzi from prosecuting the political fraud case against GOP aide Rhonda J. Carmony.

Judge Kazuharu Makino dismissed five of seven defense arguments that Capizzi’s office should be replaced by the state attorney general. Most damaging to the defense was Makino’s ruling that felony charges were not filed against Carmony to advance the political ambitions of Capizzi, who is considering running for state attorney general.

Makino is expected to rule today on the final two defense arguments for recusal. The remaining points allege that the district attorney’s office deliberately mishandled grand jury testimony to single out Carmony for prosecution.

Carmony, former campaign manager for Rep. Dana Rohrabacher (R-Huntington Beach) and now his fiancee, faces three felony charges alleging that she orchestrated a scheme to put a decoy Democratic candidate on the ballot in a 1995 recall election by using candidate petitions that were improperly and fraudulently certified.

The charges against Carmony arose out of the election victory of Republican Scott Baugh of Huntington Beach, who succeeded former Assembly Speaker Doris Allen in the 67th Assembly District seat.

Baugh, too, faces felony charges alleging that he falsified campaign contribution reports, in part to conceal his association with the decoy candidate.