Baugh Dealt Setback in Fraud Case

A Superior Court judge on Friday ordered that the campaign fraud case against Assemblyman Scott Baugh (R-Huntington Beach) move forward and denied a request by Baugh’s lawyers to remove Orange County Dist. Atty. Michael R. Capizzi from prosecuting the case.

Judge Daniel J. Didier agreed with the findings in April of a Municipal Court judge who had rejected arguments that the district attorney is biased and therefore unable to prosecute the case fairly against Baugh.

Didier said the evidence in support of those claims is “conjectural.”

The judge said “there could very well be a conflict here” but added that if it does exist, it is not big enough to prevent the defendant from receiving a fair trial. The judge said that in order to grant a recusal motion, the conflict “must be real and not apparent.”

“I think this case should move along without any substantial delay,” Didier said after announcing his decision and ordering the parties to return to a municipal courtroom in two weeks to schedule a preliminary hearing.

Deputy Dist. Atty. Craig McKinnon said he was “pleased with the ruling.”

“We’re not surprised by it,” he said. “This is now the sixth court that has reviewed the allegations and each judge that has heard all of the evidence has denied the (defense) motion. We’re interested in getting this case proceeding again.”

But Baugh’s attorneys said they are not through in their efforts to have the district attorney’s office removed from the case. They succeeded in having the judge grant them two weeks to review transcripts and file papers with the 4th District Court of Appeal.

Attorney William Kopeny said that although the judge’s ruling went against his client, he was still encouraged by it.

“I’m very gratified the judge agreed with us that there was an apparent, or real, conflict of interest,” Kopeny said. “It will give us a strong record in which to go to the Court of Appeal.”

Baugh was in court Friday and said he was still “optimistic” about his chances. He faces felony and misdemeanor charges of campaign finance fraud. Most of the charges allege that the legislator misreported campaign loans and contributions during the 1995 special election to replace Cypress Republican Doris Allen, who was recalled during that election.