South Gate Told Not to Fund Robles’ Defense

A judge on Thursday ordered South Gate to stop paying for the criminal defense of Treasurer Albert Robles, who is charged with threatening to kill two state legislators and a police officer.

The City Council authorized Robles’ public-financed defense shortly after his arrest in April, saying the charges arose from Robles’ official duties and that his statements were a form of political speech.

But Superior Court Judge David P. Yaffe said that “hardball” politics excludes criminal acts, declaring skeptically that he didn’t think “the way you make political speech is to threaten someone’s life.”

Yaffe’s decision to grant the temporary restraining order stays in effect until he hears further arguments at a preliminary injunction hearing in September.

So far, records show the city has spent about $1 million on Robles’ legal bills, part of which involves an unrelated grand jury investigation. Criminal defense attorneys say costs for a typical threats case, from start to finish, can range from $30,000 to $100,000.

The taxpayer lawsuit, supported by a cross-section of South Gate residents, charges that the legal fees amount to a gift of public funds.

“The citizens of South Gate are pleased that the hemorrhaging has stopped,” said Glenn Rothner, the attorney for the two South Gate businessmen who filed the lawsuit.

“The taxpayers ... have been unable to comprehend how the very serious charges against Mr. Robles relate to his duties as city treasurer, and the City Council majority has yet to provide an answer to that question.”

Robles did not return a phone call seeking comment.

Just one day before Thursday’s hearing, city officials paid the firm representing Robles -- Sheppard, Mullin, Richter and Hampton--$146,000.

Councilman Henry Gonzalez, a Robles’ critic, said the payment was rushed through at the last minute. “It’s just subterfuge that’s all,” he said. “There is no emergency situation other than to beat a court ruling handed down by a judge.”

Robles’ attorney, Thomas M. Brown, was not available to comment on the allegation, nor was City Atty. Salvador Alva. But earlier in the day, after the hearing, Brown expressed confidence that Yaffe’s temporary restraining order would not be extended.

Robles faces charges of threatening to kill Assemblyman Marco A. Firebaugh (D-Los Angeles), Sen. Martha Escutia (D-Whittier) and a police lieutenant. He remains free on $500,000 bail.

Robles’ three City Council allies in April authorized his defense after an outside attorney hired by the city, George B. Newhouse Jr., concluded that the criminal case lacked evidence and was filed in retaliation for Robles’ outspoken views.

Over the years, Robles and the legislators have been at odds on several issues, most notably a plan to build a power plant off the Long Beach Freeway.

In his findings, Newhouse said the city should pay Robles’ defense because he probably wouldn’t have been prosecuted if he were a private citizen.

But the judge dismissed that argument, saying it seemed “irrational.” Yaffe also grew frustrated with city attorneys when they declined to provide evidence that the prosecution was politically motivated.

Calling the city’s actions “arbitrary” and “capricious,” Yaffe said, “I can see no connection between Mr. Robles employment as city treasurer and the criminal threats he is being prosecuted for.”

Brown, Robles’ attorney, said that he was unable to show evidence that the case was political without compromising Robles’ defense. At the next hearing, Brown said, he would consider presenting the information in a closed courtroom setting.

Under state law, municipalities can pay for the criminal defense of city officials if the acts are deemed to be within the scope of official duty.

But legal experts say cities usually pay legal fees only if an employee’s actions can expose them to civil lawsuits, such as in police brutality or sexual harassment cases.