Judge Is Far From Bizarre

* Dist. Atty. Michael R. Capizzi called Superior Court Judge David O. Carter “bizarre” for his courageous and solidly 1st Amendment-grounded order to release the grand jury transcripts regarding Merrill Lynch’s alleged involvement in the Orange County bankruptcy (Aug. 14).

What are Capizzi’s reasons for accepting $30 million from Merrill Lynch, $3 million of which goes to his own office, to abort the grand jury investigation, and then seeking to cover up whatever relevant information those transcripts may or may not reveal about the largest municipal bankruptcy in the nation’s history?

It smacks of extortion and Star Chamber secrecy contrary to a compelling public right to know.

That bankruptcy, more than any other governmental development or public policy issue--abortion, immigration, gay rights, welfare reform, foreign affairs, etc.--affected everyone in this county, and therefore is a unique case compelling disclosure.

All the more justification for Carter’s powerfully argued decision and for deploring the district attorney’s secretive and obstructive actions, themselves epitomizing the “bizarre.”

CARL E. SCHWARZ

Laguna Beach

* We are gratified by actions taken to see what lies behind Dist. Atty. Michael R. Capizzi’s county bankruptcy deal-making with Merrill Lynch.

In our opinion, Superior Court Judge David O. Carter stands tall for insisting on our right to know. We want to read about the “investigation” of how $1.64 billion of mayhem was done to Orange County public funds. We have had enough Capizzi every which way, finger-pointing and manipulating the grand jury.

The way grand juries mindlessly jump through hoops for the district attorney disheartens us. Two years ago, grand jurors looking into this very debacle almost bit him in the ankle. They would have acted like real watchdogs if they had.

This year’s panel is the least representative of the diversity of Orange County residents in recent memory. It will likely have only one question when Capizzi gets out the hoop: “How high?”

The court has the inherent supervisory right to release this information. It is the only way that all of us, who will foot the county bankruptcy bill for decades, can follow how Capizzi plea-bargained away meaningful restitution of our taxpayer money.

The Capizzi strategy on plea bargains is to signal acquiescence when judges try for settlements to unclog courts, and then rush out to be ready to blast judges as soft on crime.

Well, someone made off with $1.64 billion of everyone’s funds in this county. The district attorney added to millions he already spent on the investigation by sending his attorneys to argue side by side with Merrill Lynch lawyers that we don’t have the right to know why they cut the $30-million deal they did. Who is soft on what?

We are glad the media aren’t letting him get away with it. We are glad Carter isn’t letting him get away with it.

AMIN DAVID

Chairman

Los Amigos of Orange County

* I take the strongest exception to Dist. Atty. Michael R. Capizzi’s statement that Superior Court Judge David O. Carter “has always been a bizarre judge.”

In my 19 years of criminal law practice, including 1996, when I was president of the Orange County Bar Assn., I have heard many adjectives used to describe Judge Carter.

These include courageous, intelligent, thoughtful, dynamic and hard-working. Never “bizarre.”

Bizarre people are generally not selected to serve as supervising judges of the countywide criminal master calendar. They do not usually become top-notch homicide prosectors before going on the bench. And they are seldom found in the ranks of highly decorated, combat-wounded Marine officers.

It has lately become fashionable in certain quarters to launch personal attacks on judges when one loses a ruling. I am most disappointed that our district attorney has assaulted a fine jurist’s reputation in this manner. Knowing Judge Carter as I do, I am sure he gave the matter careful and thorough consideration before making the decision he thought was right, without regard to public, political, or other extraneous pressure. The community is lucky to have him.

JENNIFER KELLER

Irvine

* I read Dist. Atty. Michael R. Capizzi’s comments with surprise. Could it be that the representative of the people of our community is publicly demeaning a judicial officer?

David O. Carter is a seasoned judge who has devoted his entire career to the prosecution and judging of criminal matters. This unblemished reputation in this field extends beyond the boundaries of our county and state.

For a lawyer to suggest that any judicial officer is “bizarre” is treasonous. To suggest that Carter is bizarre is contemptuous. Capizzi ought to seek the indulgence of the court and the forgiveness of the electorate.

BARBARA S. PHILLIPS

Laguna Beach

* Dist. Atty. Michael R. Capizzi called Judge David O. Carter’s ruling “bizarre.”

In my opinion, few things can be more bizarre than politics in Orange County. Just have a close look into the toll roads, the museums, the Marine Institute, Crystal Cove, the proposed airport, etc.

TRUDY TOPIK

Laguna Beach