Decision Due Today on Baugh Prosecutor

Superior Court Judge Daniel Didier will decide today whether Dist. Atty. Michael R. Capizzi’s office should be replaced by state Atty. Gen. Dan Lungren in the prosecution of Assemblyman Scott Baugh (R-Huntington Beach) on allegations of campaign-reporting violations.

Baugh faces 22 felony and misdemeanor charges stemming from his victory in a November 1995 special election that recalled Assemblywoman Doris Allen (R-Cypress).

Baugh’s defense team contends that Capizzi’s office is biased against him.

A Superior Court judge earlier dismissed most of the original indictment against Baugh. The charges were refiled; a preliminary hearing to determine whether Baugh should stand trial is on hold pending Didier’s ruling.

Prosecutors are still considering whether to refile charges in a related case against Republican campaign aide Rhonda Carmony, who faced three felony charges resulting from her alleged misconduct in the same election.

A Superior Court jury last month deadlocked in Carmony’s trial. She was accused of violating state election laws while helping a spoiler Democratic candidate qualify for the special election.

A retrial decision must be made by Aug. 1, when Carmony is due back in court. Deputy Dist. Atty. Brent Romney said his office is in the process of interviewing jurors before deciding whether to refile.

“This is always an important decision because of the cost involved,” Romney said. “There are a lot of factors that go into it. The tangible thing is the expense. The intangible thing is will justice be served [in a retrial] in spite of the cost. The feelings of the [hung] jury become very important to both sides.”

Both Baugh and Carmony have maintained innocence.