Sides Rest Cases in Phone Tapes Trial

Bringing a quick end to the criminal trial of Oxnard School District administrator Pedro R. Placencia, prosecutors rested their case Friday after playing excerpts of tape-recorded telephone calls they say he illegally intercepted.

On the tapes, Placencia’s voice can be heard introducing some of trustee Jim Suter’s recorded telephone conversations by noting the date and time of the calls. Prosecutors contend the two 90-minute tapes solidly link the school official to the secretly recorded calls.

After hearing the same tapes, defense attorney Victor Salas rested his case without calling a single witness.

At the end of the court session, Salas said he did not need to call witnesses because prosecutors failed to present any direct evidence to prove his client had illegally recorded the cordless-telephone calls or intercepted them using a radio scanner.

“I don’t think they have proved anything except that there was a scanner at Mr. Placencia’s house,” he told reporters.

Closing arguments are set for Monday morning.

Placencia, former head of the district’s migrant education program, was indicted by the Ventura County Grand Jury in September and later arrested at his school district office.

He is charged with six felony counts for allegedly intercepting and recording 18 telephone calls over five days in June. If convicted, he could face more than three years in state prison.

The tapes came to light last year after they were anonymously left on the doorstep of school trustee Mary Barreto, who reportedly played one for fellow trustee Arthur Joe Lopez.

Called as one of the first witnesses at Placencia’s trial, Barreto denied Thursday playing any tape for Lopez. She could not say for certain whether it was Placencia’s voice on either of the tapes.

But on Friday, Tom Kitchens, an investigator for the district attorney’s office, testified that Barreto told him that she had played a tape for Lopez.

Kitchens also testified that Barreto initially denied having the tapes when questioned by authorities. He said she changed her mind after being presented with a search warrant.

“She leaned forward in her chair,” Kitchens said, “and in a whispered voice, said, ‘I’ve got the tapes.’ ”

Kitchens also told jurors about a test he and other investigators conducted while serving a search warrant in July at Placencia’s home. During that search, Kitchens said investigators found a radio scanner like the one used to record Suter’s telephone calls.

Kitchens said he went to Suter’s home and used the trustee’s cordless telephone to call investigators at Placencia’s residence. The investigator testified the conversation could clearly be heard on the radio scanner.

But defense attorney Salas contends the scanner could not have been used to intercept the calls because a receipt shows it was purchased weeks after the recordings were made.

Prosecutors, however, contend there was a second scanner. In fact, Placencia’s son, Pedro III, testified Friday that he would let his parents borrow his scanner.

He told the jury he spilled water on the scanner last summer, after the investigation was underway, and threw the scanner away, prompting prosecutors to question his motives.

“Why did you throw away what might have been evidence?” Deputy Dist. Atty. Mark Aveis asked.

“Because it didn’t work anymore,” the younger Placencia replied.

The prosecution’s last witness Friday, district attorney investigator Glen Kitzmann, described an effort to get Placencia to admit taping the calls.

Using a wiretap of their own, investigators hid a recording device on Suter and had him confront Placencia about the taped conversations. A recording of that confrontation was played for the jury Friday.

“Why have you recorded my phone calls, Pete?” Suter was heard asking, explaining that he had listened to the tapes at the district attorney’s office.

“I don’t know anything, I don’t know anything,” Placencia responded.

“But you’re on the tape,” Suter pressed. “I mean, I’m your friend. I support you. . . . You know, I’ve been lying awake at night.”

“I don’t know anything about it,” Placencia said.

“Then how did your voice get on the tape?” Suter demanded, questioning whether Placencia may have been set up.

“I don’t know anything,” Placencia said. “I feel bad, but I don’t know.”