Baugh Leaves Court Cleared, but With View of Law Clouded

Assemblyman Scott Baugh, officially cleared of criminal campaign misconduct charges Friday, strutted triumphantly out of a Santa Ana courtroom relieved but wary of a justice system that dogged him for three years.

Orange County Superior Court Judge Francisco P. Briseno dismissed the charges upon the request of state Atty. Gen. Bill Lockyer. Lockyer said last Saturday that the case, which he inherited from the Orange County district attorney’s office, was not strong enough to prosecute.

The Huntington Beach Republican had faced removal from the Legislature and up to eight years in prison if convicted on two felony charges and 10 misdemeanor counts.

“This is fantastic,” Baugh said in the courthouse, where he was surrounded by family, friends and supporters. “This is really the end of all our efforts.”

Baugh said his family and friends united behind him during the three-year ordeal, but at times it seemed never ending.

“Some of it was hell. Once or twice I cried,” he said.

Lockyer already has referred the case to the state Fair Political Practices Commission, which can levy civil fines of up to $2,000 for each violation of campaign reporting laws. Baugh expressed confidence he would again be cleared.

The dismissal of criminal charges marks the end of the high-profile case that fractured the Orange County Republican Party and sent the political careers of Baugh and his chief accuser, former Dist. Atty. Mike Capizzi, in opposite directions.

Baugh, who triumphed in four primary and general elections despite the specter of criminal charges, is serving his final term in the Assembly. As a lawmaker, he has championed grand jury reforms and is considered a staunch defender of civil liberties.

By contrast, Capizzi left public office at the end of December after losing his bid for attorney general. He was soundly defeated after his fellow Republicans pulled their support, accusing him of politicizing his office in an overly zealous quest to prosecute Baugh.

Baugh said Capizzi likely paid dearly for persisting in the prosecution effort against him. “I think the people in Orange County lost confidence in him being a fair prosecutor,” he said.

Capizzi, who is now in private practice, declined to comment on the dismissal of the charges.

“There’s nothing more to say,” the former prosecutor said. “Lots of people are yapping--I don’t intend to join the chorus. I have bigger and better things that are occupying my time.”

The long ordeal, Baugh said, has changed his view of the criminal justice system. He once never doubted the word of law enforcement officials, he said, but after being the target of a criminal probe he is now more likely to question their motives.

Prosecutors had alleged that Baugh was part of a conspiracy to manipulate voters in a critical 1995 election to assure Republican control of the state Assembly.

A key allegation centered on a $1,000 contribution to Baugh from the husband of a Democratic “decoy” candidate. GOP activists had recruited the candidate, Laurie Campbell, hoping her campaign would split the Democratic vote and assure a Republican victory.

Baugh later returned the money in cash, even though state law forbids campaign transactions of more than $100 in cash. From the beginning, Baugh admitted mistakes were made on his campaign reports but said he was following the advice of his campaign treasurer, Daniel Traxler.

During the investigation, seven armed investigators from the district attorney’s office raided Baugh’s Huntington Beach home looking for evidence. Baugh said he was roughed up during the raid--a charge the district attorney’s office denied.

“That taught me that perhaps there is more to [other] charges of police brutality than I otherwise thought,” he said.

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In March 1996, a county grand jury indicted Baugh on 22 counts of misreporting thousands of dollars in loans and contributions to his 1995 campaign. But the prosecution soon was beset with unfavorable court rulings and charges of misconduct. A judge eventually found that prosecutors withheld evidence favorable to Baugh from the grand jury and threw out the indictment.

Capizzi refiled 18 charges later that year, but a court trimmed the case to 12 counts. Last July, Judge Briseno removed Capizzi’s office from prosecuting the case, citing “very grave misconduct” by prosecutors. The case was sent to the state attorney general.

Lockyer, who took office in January, decided that the charges against Baugh were weak, mainly because the testimony of a key witness against him was deemed unreliable.

He also said a recent appellate court decision created a major hurdle. A state Court of Appeal panel ruled that campaign violations are not suitable for criminal prosecution. That court decision is pending on appeal before the state Supreme Court.