New D.A. Might Also Be Unable to Prosecute Baugh

Newly elected Orange County Dist. Atty. Anthony Rackauckas may be forced to remove his office from prosecuting the political corruption case against Assemblyman Scott Baugh (R-Huntington Beach).

Rackauckas may have more potential conflicts of interest than the county’s current top prosecutor, Mike Capizzi, who was removed from the case Wednesday by a Superior Court judge.

Both Rackauckas, who takes over in January, and Baugh received campaign contributions from some of the same supporters, and Rackauckas in his recent election used the same campaign manager Baugh has used since 1995.

Without a conflict-free prosecutor, the likelihood increases that the case could end up with the Fair Political Practices Commission in Sacramento, an administrative panel that oversees elections but has only civil enforcement powers.

“[Rackauckas’] political connections create an apparent conflict of interest that’s wider and deeper than any presented by Mr. Baugh” about Capizzi, said Robert Pugsley, a Southwestern University School of Law professor.

Rackauckas, a Superior Court judge, declined comment Thursday on the court ruling, saying it would be unethical to comment on another judge’s decision. He also declined to discuss what he would do if Baugh’s trial is delayed until after he becomes district attorney.

But a source close to Rackauckas acknowledged that the judge likely would transfer the case to the attorney general’s office after January because of the potential conflicts.

In his ruling Wednesday, Judge Francisco Briseno ruled that Capizzi had a “substantial” conflict of interest in prosecuting Baugh, in part because of political contributions to Capizzi by a Baugh campaign rival. He ordered the case handed over to Atty. Gen. Dan Lungren, but delayed his ruling pending an appeal by Capizzi and Lungren.

Baugh and Rackauckas share some notable supporters, such as U.S. Rep. Dana Rohrabacher (R-Huntington Beach) and California Republican Party Chairman Michael Schroeder. Rackauckas also was backed in his June election by Baugh’s attorney, Allan Stokke.

Stokke asserted that Rackauckas’ political links with Baugh’s supporters do not create the same conflicts of interest.

He said Baugh rival Haydee Tillotson tried to benefit from the actions of Capizzi, who received more than $15,000 in campaign contributions from her, her husband and her campaign manager. In the June primary, she used the prosecution of Baugh to try to discredit him with voters.

Briseno took note of the contributions in his ruling removing Capizzi from the case.

Stokke believes the judge’s most damaging statement was that Capizzi had “rushed” the original indictment against Baugh so it could be filed just days before Baugh’s 1996 primary election.

“I want any prosecutor to handle this case who doesn’t have an ax to grind like Mike Capizzi,” Stokke said.

Baugh’s trial is scheduled to begin in November, but is now likely to be delayed. He is charged with two perjury and 10 campaign misreporting charges from his 1995 election.

Rackauckas takes over Jan. 4 from Capizzi, who is stepping down after an unsuccessful run in June for attorney general.

There also will be a new attorney general then. Lungren, the GOP nominee for governor, will be replaced either by Republican Dave Stirling, his former chief deputy who was backed by many of the same supporters as Rackauckas, or state Sen. Bill Lockyer (D-Hayward).

Baugh said Thursday that the case should have been handled from the beginning by the Fair Political Practices Commission. He said his campaign made reporting errors and that he’d pay a fine, but would fight criminal charges.

“I have said all along that I would love to have somebody fair take a look at this case,” Baugh said.

During a campaign fund-raiser last year at the Balboa Bay Club organized in part by Stokke, Rackauckas accused Capizzi of overzealous prosecution of political cases, though he didn’t mention the Baugh case specifically. He faulted Capizzi for misdirecting office resources from serious crimes.

Rackauckas, a former deputy district attorney, was backed by a broad coalition of defense attorneys and prosecutors in the race. He beat rival Assistant Dist. Atty. Wallace J. Wade, who was backed by Capizzi, by a 2-to-1 margin.