Romney Shouldn’t Be on Political Cases for Now, GOP Official Says

State Republican Party Chairman Michael Schroeder called on Assistant Dist. Atty. Brent J. Romney on Tuesday to remove himself from prosecuting political cases while Romney’s conduct is being investigated by the state attorney general’s office.

Atty. Gen. Dan Lungren’s office this week opened a criminal investigation into whether Romney unlawfully used public resources to research the sentencing record of Superior Court Judge Anthony Rackauckas Jr., who with Romney has said he’ll run for the nonpartisan office of district attorney in 1998.

Misuse of government property is a felony violation of the state penal code punishable by up to four years in state prison.

“I think it is extremely hypocritical for someone to continue to prosecute political corruption cases when that person themselves is being investigated for political corruption,” Schroeder said.

Romney, who supervises misdemeanor cases, has admitted having a secretary pull a list of 13 felony three-strikes cases assigned to Rackauckas and researching the sentences. He said he wanted to check the veracity of a monthly sentencing report. All of the cases involved Rackauckas sentencing the defendant to less than the maximum time.

Romney couldn’t be reached Tuesday for comment. He has denied misusing county resources but has said that Rackauckas’ sentencing record could be an issue in the race to replace Dist. Atty. Michael R. Capizzi, who is planning a run for attorney general. Also in the race is Assistant Dist. Atty. Wallace J. Wade.

Schroeder said it was Romney who argued a year ago that Superior Court Judge James L. Smith should recuse himself from prosecuting a felony political case against Assemblyman Scott R. Baugh (R-Huntington Beach) because of a potential conflict of interest. Romney claimed Smith might have a conflict because of a decade-old closed probe into a gift to the judge’s wife.

“If Mr. Romney believes that a 13-year-old investigation that was dropped creates a conflict, then he certainly should agree that one that isn’t 13 days old, and which is still active, creates an appearance of impropriety,” Schroeder said.

Chief Assistant Dist. Atty. Maurice Evans said Tuesday that he initiated the attorney general review after sending a statement regarding Romney’s conduct to Senior Assistant Atty. Gen. Gary Schons in San Diego County.

Evans said the referral was made after he determined “it was appropriate” in the course of conducting an administrative review. He said Romney hasn’t asked for or received any change of assignments.

“He’s still busy working,” Evans said.

Schons said the investigation should take four to six weeks and will include interviewing district attorney employees. Deputy Dist. Atty. Sean Stafford said last week that he was asked to produce two of the Rackauckas case files and was told they were being requested by Romney. He has since endorsed Rackauckas and given him a $75 donation.

Romney will be back in court next week for a preliminary hearing to decide if Baugh should stand trial on felony charges similar to those that eventually were dismissed by Smith but which were refiled. Baugh is accused of violating requirements for reporting campaign loans and contributions.

Romney also is prosecuting felony election-law charges against GOP campaign aide Rhonda Carmony, who is married to Rep. Dana Rohrabacher (R-Huntington Beach). Last week, Rohrabacher asked for an attorney general investigation into Romney’s actions.