Carona’s lawyers ask judge to bar secret tapes from trial

Lawyers for former Orange County Sheriff Michael S. Carona made one of the most pivotal arguments in his corruption case Friday, asking a judge to prohibit jurors from hearing secret recordings in which Carona reportedly discussed hiding evidence that he illegally received cash and gifts.

Carona’s lawyers said the recordings should be excluded because federal law prohibits prosecutors from contacting a target who has an attorney, even through a third party. Prosecutors said the recordings were proper -- and a standard investigative technique.

U.S. District Judge Andrew J. Guilford said he would make a decision later about three conversations with Carona that former Assistant Sheriff Donald Haidl secretly recorded.

After making their arguments, Carona’s lawyers disclosed for the first time Friday that they don’t think they will be ready for trial on June 10 and might request a delay until October. Assistant U.S. Atty. Kenneth Julian said prosecutors oppose a delay because the public is entitled to a speedy resolution of the case.

Carona; his wife, Deborah; and his former mistress, Debra V. Hoffman, were indicted in October in a broad conspiracy case that accuses them of using the power of the sheriff’s office to obtain tens of thousands of dollars in cash and gifts.

The former sheriff, who resigned in January after more than nine years in office, is also charged with two counts of witness tampering for allegedly trying to persuade Haidl to withhold evidence from a federal grand jury.

During an Aug. 13 conversation at a Newport Beach restaurant, Carona told Haidl that cash he received was “untraceable, completely untraceable,” according to transcripts prosecutors filed in court.

“Unless there was a pinhole in your ceiling that evening, it never . . . happened,” Carona told Haidl, according to the transcripts. The pinhole comment was a reference to a hidden camera, prosecutors said.

Unknown to Carona, Haidl had pleaded guilty to tax charges and was cooperating with federal prosecutors. The prosecution has agreed to inform Haidl’s sentencing judge about his cooperation -- a factor that could lead to a reduced sentence.

Ethics guidelines of the State Bar of California forbid attorneys -- prosecutors included -- from contacting parties represented by lawyers. The rule exists in most states and “is one of the fundamental cornerstones of lawyer conduct,” said Carona attorney John D. Cline.

The rule is designed to prohibit attorneys from using their legal expertise to trick adverse parties into making incriminating statements without their attorneys present.

Carona was represented by attorney Dean Steward at the time of the meetings with Haidl.

Prosecutors cite several appellate court decisions that have upheld the use of informants such as Haidl. If Guilford were to disallow the recordings, it would be an invitation to criminals to retain attorneys and never have to worry about being secretly recorded, said Assistant U.S. Atty. Brett Sagel.

Sagel said investigating public corruption is difficult because it is a crime carried out behind closed doors. Using suspects who have agreed to cooperate with the government is sometimes the only way to make a case.

Perhaps acknowledging that point, Guilford said, “Sometimes what is necessary is not pretty.”

stuart.pfeifer@latimes.com

christine.hanley@latimes.com