Jury Hears Final Arguments in School Taping Case

Arguing that Oxnard School District administrator Pedro R. Placencia was motivated by political gain, a Ventura County prosecutor urged jurors Monday to convict the longtime employee of illegally intercepting and tape-recording a school board member’s telephone calls.

In closing arguments, Deputy Dist. Atty. Mark Aveis told the panel that there is solid evidence to prove that Placencia used a radio scanner to record 18 of Trustee Jim Suter’s cordless telephone calls over five days last June.

The prosecutor noted that the bulk of the recorded conversations centered on two controversial school district issues: the job performance of Supt. Bernard Korenstein and a push to reverse a decision to name the district’s newest campus after a former superintendent.

“Politics motivate people to do strange and, unfortunately, illegal things,” Aveis said before asking jurors to find Placencia guilty of all six felony counts against him. Jurors began deliberations in the afternoon.

“We have our own Watergate here . . . and the primary plumber is the defendant,” Aveis said. “I’m not here to tell you it’s as important a national issue, but I am here to tell you it’s a violation of California law.”

But defense attorney Victor Salas countered that there was no direct evidence linking Placencia to the crime.

Moreover, Salas argued that the investigation into the political corruption case was marred by shoddy police work and that others had more ability and motive to tape the phone calls.

He singled out Oxnard school board member Mary Barreto, who was among the first witnesses to testify during Placencia’s three-day trial. She initially was a target of the investigation, but the Ventura County Grand Jury found insufficient evidence to support an indictment.

Nevertheless, Barreto has played a key role in the case. She testified that the two 90-minute cassette tapes were anonymously left on her doorstep, and the investigation was begun after she told another trustee, Arthur Joe Lopez, about their existence.

“Without a doubt, there is more evidence against Mary Barreto than against Pete Placencia,” Salas told jurors. “It’s the absence of motive that will show you the defendant is not guilty.”

Placencia, former head of the district’s migrant education program, was indicted by the grand jury in September on charges that he illegally eavesdropped on and tape-recorded Suter’s phone calls.

If convicted, he could face more than three years in state prison. He has pleaded not guilty and is free on bail.

A police search of Placencia’s home turned up a tape recorder and radio scanner like those used to eavesdrop on and record Suter’s conversations.

But Salas told jurors that there was no proof that the tape recorder was ever used for anything other than to play music. And he said there certainly was no proof that the scanner belonged to Placencia or that he ever operated it.

In fact, Salas said, there was evidence to prove that the scanner in question was purchased weeks after the recordings were made.

“The receipt is for this,” Salas said, showing the scanner to the jury. “Make no doubt about it. We know this could not have been the scanner used to make these tapes.”

But Aveis said there was also testimony that there was a second scanner, one owned by Placencia’s son, Pedro III. The younger Placencia testified that he sometimes let his parents borrow the scanner. He said he threw that scanner away after accidentally spilling water on it last summer.

“He spills water on it, it doesn’t work anymore, so he throws it out,” Aveis said. “Ask yourself whether that timing is suspect and whether he might be covering up for his father.”

Finally, Aveis said, there is clear evidence to show that Placencia’s voice can be heard on the tapes, introducing some of Suter’s recorded telephone conversations by noting the time and date.

“There is no dispute that it’s the defendant’s voice,” Aveis said. “He doesn’t want to listen to police calls. He’d rather listen to board business. That’s his business. He’s making it his business at the time.”