California and the West : Former Top Aide Refuses to Testify at Baugh Hearing

A former top aide to Assemblyman Scott R. Baugh repeatedly took the 5th Amendment at the legislator’s preliminary hearing Monday, refusing to testify about her part in preparing documents linked to alleged violations of the Political Reform Act.

Maureen Werft, who served as Baugh’s chief of staff and campaign treasurer, stopped testifying and invoked her 5th Amendment protection against self-incrimination when the defense asked about her work as treasurer for Baugh.

With her lawyer beside her, Werft also declined to answer about half a dozen questions relating to a Baugh campaign disclosure form and his economic interest statement, which she prepared and signed.

Statements contained in the documents, which Baugh also signed, figure directly in one of the felony and three of the misdemeanor charges against Baugh. Werft was called as a defense witness, and Baugh’s lawyer sought to use her refusal to testify as grounds for dismissal of the case.

Baugh and his lawyer, Allan Stokke, said prosecutors are refusing to grant Werft immunity as part of a strategy to keep her from giving testimony that would help Baugh. Stokke called it “highly improper.”

Orange County Municipal Judge William Evans declined the motion for dismissal.

The assemblyman has pleaded not guilty to five felony perjury counts and 13 misdemeanors alleging falsification of five financial disclosure forms. Prosecutors allege that he purposely misreported tens of thousands of dollars in contributions and loans relating to his first campaign for office in 1995.

Although he acknowledged making mistakes in campaign reporting, Baugh has said he broke no laws and that the errors were largely the result of mistakes and bad advice.

Stokke has said that the two state-required forms were completed in early 1996 by Werft and signed by Baugh based on advice both received from another Baugh attorney.

“She could clear me,” Baugh said in an interview. “They are threatening to charge her to keep her quiet. They don’t want to know the truth.”

Although Baugh could provide testimony about the documents, Stokke said later that he probably would not testify in the preliminary hearing.

“At the appropriate time,” Baugh said. “I will tell everything I know.”

Calling the defense allegations a public relations tactic, Assistant Dist. Atty. John Conley told the court: “I would be very foolish to give immunity to someone who embraces all the members of the defense team when she comes to court” and who has not agreed to be interviewed by prosecutors.

Conley also pointed out that Werft had previously admitted falsifying her voter registration and an absentee ballot application so she could vote in the 1995 special election won by Baugh.

Indicted on two felony counts, Werft was fined $2,700 and placed on one year’s probation in December after pleading guilty to the misdemeanor of falsifying her address so she could vote in the contest.

It is the second time a defense witness has sought 5th Amendment protection during this hearing. Laurie Campbell, a friend of Baugh who was recruited by Republicans to run as a decoy Democrat in the race, declined to testify, but later appeared as a witness under a grant of limited immunity.