Judge Lets Capizzi Stay on Carmony Fraud Case

A Superior Court judge Monday rejected the last two arguments 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, who had dismissed five of seven defense arguments to recuse Capizzi’s office Thursday, said he found the remaining arguments unconvincing. Both arguments, aimed at replacing Capizzi with the state attorney general, failed to show the district attorney’s office deliberately mishandled grand jury testimony in an effort to single out Carmony for prosecution, Makino said.

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, 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 District seat. Baugh, too, faces felony charges that he falsified campaign contribution reports, in part to conceal his association with the decoy candidate. Both Carmony and Baugh have denied any wrongdoing.

Carmony’s trial, which was to have begun Monday, was continued until May 5.