Ill Witness Prompts Special Request in Orange Fraud Case

In an attempt to avoid a catastrophic blow to their fraud case against a former Orange recycling company executive, prosecutors are seeking to preserve the testimony from a key witness who they fear may die before the long-awaited trial begins.

The witness, Pat Augimeri, is scheduled to undergo pre-trial questioning this month, but prosecutors want the recorded, rarely used court procedure moved up because of concerns over his health.

Augimeri, an 88-year-old Downey resident with emphysema, is expected to testify that he cashed $2.4 million worth of checks for Jeffrey Hambarian, the alleged mastermind of a more than decade-long fraud and embezzlement scheme that bilked Orange out of more than $4 million.

Hambarian, whose family had been Orange’s exclusive trash hauler for 43 years, was charged in 1998 with 65 felony counts that include grand theft, commercial bribery, perjury and money laundering. He is free on $500,000 bail.

Augimeri’s testimony is considered the “guts” of the case, according to prosecutors.

“He’s the guy who says ‘I got the checks from the defendant, I cashed them over here . . . and I gave him back the money.’ He’s the only one who can say that,” said Deputy Dist. Atty. Ronald Cafferty, lead prosecutor on the case.

Hambarian’s attorneys said that because of their busy schedules, moving up Augimeri’s testimony will be difficult. However, prosecutors continue to press for an earlier date to obtain Augimeri’s on-the-record testimony, a court-ordered procedure known as a conditional examination.

The request comes amid several protracted legal wranglings that have delayed the trial for months. In the most significant battle, Hambarian’s attorneys have sought to recuse the Orange County District Attorney’s Office from the case because the agency is allegedly financing the prosecution with funds from the victims, an alleged conflict of interest.

An appeals court has issued a stay of the preliminary hearing until the matter is decided.

Mark Geragos, Hambarian’s attorney, said prosecutors fear that the appeals court will rule against them. He said prosecutors have exaggerated Augimeri’s illnesses and requested a conditional examination to make it appear they still have an active case.

“They are trying to retain an active posture on this case because they clearly are conflicted,” he said. “They have so much time and money invested that they’re panicked that it may get pulled out from under them.”

Prosecutors believe Augimeri’s testimony, scheduled to be recorded in an official court proceeding on April 20, will be powerful enough to sway jurors. Augimeri was a key player in the alleged scheme, say prosecutors, and cashed hundreds of checks over a 13-year period for Hambarian.

In exchange for his testimony, prosecutors have granted Augimeri immunity.