Probe of Two on D.A.’s Staff Still Unresolved

Seven months after he accused two investigators of stealing evidence, Dist. Atty. Tony Rackauckas has yet to decide the fate of the pair, who have received more than $100,000 in salary while on suspension.

Rackauckas received an independent report on the accusations from the Riverside district attorney more than a month ago but has not acted on it. During that period alone, the two investigators were paid about $12,000 by the county.

Riverside County, which Rackauckas asked to examine the matter, forwarded its findings to Rackauckas on Aug. 27, said chief investigator Michael J. Curfman, who declined to reveal the report’s contents.

Rackauckas’ spokeswoman, Tori Richards, said the district attorney has not acted because the investigation is continuing.

“There’s a couple more things that need to be done,” said Richards, who declined to elaborate. “We’re going to try to get this finished as soon as possible.”

A separate criminal probe of the two investigators by the state attorney general’s office ended when prosecutors concluded that no crime had been committed.

It’s among at least six separate investigations launched this year over accusations of misconduct both against Rackauckas and some of his critics within the office.

The most serious contention centers around Newport Beach businessman Patrick DiCarlo, a friend of the district attorney who called Rackauckas last year and reported being threatened over a business deal gone sour.

Rackauckas assigned the matter to his organized crime unit, but later pulled two investigators off the case when DiCarlo complained they treated him more like a suspect than victim.

In February, Rackauckas placed Barry Foye and Lyle Wilson on paid leave and publicly accused them of stealing tapes and other records related to the investigation.

To avoid the appearance of a conflict of interest, Rackauckas asked the state attorney general to conduct a criminal investigation and Riverside County prosecutors to handle a personnel probe.

Wilson filed a lawsuit in May seeking his reinstatement. His lawyer said the discipline is a miscarriage of justice and that Rackauckas inappropriately interceded on DiCarlo’s behalf. DiCarlo is one of Rackauckas’ biggest political contributors.

“My client didn’t do anything wrong. The district attorney’s office retaliated against Mr. Wilson for doing his job,” said Gregory G. Petersen, Wilson’s attorney. “There’s no way he should be assigned to his house, given the utter lack of merit to the claims.”

The DiCarlo case is one of several in which the district attorney has been accused of showing favoritism for political supporters. Critics have also accused the district attorney of improperly asking staff members to work on a nonprofit charity in his name.

Others have faulted Rackauckas for intervening in a case involving another key campaign contributor, multimillionaire developer George Argyros.

Earlier this year, Rackauckas ordered prosecutors to withdraw a lawsuit against Argyros’ apartment company, which was accused of keeping tenants’ security deposits unfairly.

Citing a possible conflict of interest, Rackauckas later withdrew and asked the state attorney general’s office to take over the case.