Trial Ordered for Assemblyman Baugh

Assemblyman Scott R. Baugh was ordered Tuesday to stand trial on two felony and 10 misdemeanor charges arising from his first campaign for office in 1995.

Municipal Judge William Evans said there was “sufficient, reasonable probable cause” that the Huntington Beach Republican may be guilty of the allegations, which include felony charges that he lied on his campaign finance reports to conceal his link to a decoy Democrat candidate placed on the ballot by Republicans eager to split the Democratic vote.

Evans had delayed making a final ruling for a month in the hope that Baugh’s attorneys and county prosecutors could arrive at a plea bargain.

Though he had dismissed six charges for lack of evidence against Baugh last month, the judge Tuesday rejected a defense motion that he dismiss the remaining 12 charges in the interest of justice.

Evans had used the threat of further dismissals to prod prosecutors into negotiating an end to the case without the need for a Superior Court trial.

Baugh, 35, who spoke freely after last month’s favorable ruling, waved off reporters and declined comment. He left the courtroom and the courthouse holding the hand of his wife, Wendy.

A former corporate attorney, Baugh has acknowledged that mistakes were made in his campaign, but has insisted that he broke no laws because he relied on the advice of others and acted in good faith.

Allan Stokke, Baugh’s lead attorney, said he will try to have the charges dismissed in Superior Court, where Baugh is scheduled to appear for arraignment Jan. 5.

Stokke noted that “we did have some success” during the preliminary hearing, when Evans was persuaded to dismiss six of the 18 charges, including three felonies. “We now face a much smaller case, and a much weaker case,” he said.

Assistant Dist. Atty. John Conley said he was not surprised by the ruling. “This case is streamlined and simpler for a jury to understand,” he said. “All the key counts are there.”

Baugh’s attorneys met with prosecutors several times during the past month, but the two sides were unable to agree on a plea bargain.

“We see it as more serious than they do, which is not surprising,” said Conley. He declined to discuss the talks, but said prosecutors are seeking “very large fines”--but not state prison time.

Stokke declined comment.

If convicted of a felony, Baugh would lose his Assembly compensation and membership on committees, said Assembly Chief Clerk D. Dotson Wilson.

The Assembly could decide if he should be removed from office. As a lawyer, Baugh would also “face summary disbarment” for a felony conviction, said a State Bar spokeswoman.

If convicted of a misdemeanor, Baugh could not run for office for four years and could be disciplined by the State Bar.

Baugh was charged in October 1996 with five felony perjury counts and 13 misdemeanor violations of the Campaign Reform Act for allegedly falsifying five state-required financial disclosure forms related to his 1995 campaign.

The heart of the case has been the prosecution’s contention that Baugh falsified several reports to hide from voters “his active involvement in placing decoy Democrat Laurie Campbell on the ballot to split the Democratic vote and help ensure his own victory over three other Republicans.” The two felony and three of the misdemeanor charges relating to that allegation remain.

In addition, Baugh must stand trial on seven other charges, including allegations that he inflated the balance reported in his campaign account by lying about the dates he returned $27,000 in loans.

He is also accused of failing to deposit $11,000 in campaign funds to his campaign account, making a $6,000 campaign expenditure from his personal account and improperly using cash in his campaign, including accepting $8,800 in cash from a friend.

Baugh has characterized these failures as errors that were largely the result of bad advice from his campaign treasurer, Dan Traxler. He also has maintained that because there had been no criminal intent, the case should be handled by the state Fair Political Practices Commission, which oversees implementation of the Campaign Reform Act.