Mission Viejo recall election update from the Mission Viejo Dispatch

With all the MacLean defenders allegations on the Petition gathering process I am posting the following story from the Mission Viejo Dispatch. Their web site is www.missionviejodispatch.com

MacLean Prays To D.A.

by MissionViejo Dispatch.com on January 6, 2010
“MacLean supporters are praying to the D.A. for divine intervention in the recall election. Lance received only an anger management course after his infamous UCI incident, instead of prosecution and a possible six months in the cooler, so perhaps another gift might be possible from the D.A.’s office. Here’s the story:

   David Barron. Last month a paid signature gatherer for the recall last summer, David Barron, sent an email to the City Council saying he was a Lake Forest resident, which he believed violated a provision of the State Election Code requiring signature solicitors to be residents of the recall city.  MacLean backers picked up on the charge suggesting the election should therefore be aborted.  They obviously did not realize the residency requirement was previously declared unconstitutional by the California Court of Appeals in a 2008 San Clemente case, citing a U.S. Supreme Court decision.

   City Attorney & Chief of Police. At the urging of MacLean supporters the City Attorney and new Chief of Police Services began an investigation. Since those offices previously have refused to investigate citizen’s allegations of wrongdoing by incumbent officials, the Dispatch called the Chief to inquire whether his policy of political engagement would apply equally in the future when there are allegations of code violations by local officials.  He disagreed that his actions were political enforcement, but a few days later he bailed out of the investigation, concluding Police Services and the City Attorney had conflicts of interest since they were contracted by the City Council majority (of which MacLean is a member).

   D.A. carries the ball. On the basis of the conflict of interest and City Hall’s request, the D.A.’s office took the ball even though that office has largely refrained from political cases since the travails of predecessor Mike Cappizi. A few years ago the D.A. wouldn’t participate in a valid Brown Act case against MV council members, so citizens successfully prosecuted a civil case themselves. So why now? Because the request carries the political weight of City Hall?

   Another interesting twist is that MacLean’s attorney in the UCI attack happened to be ex-Deputy D.A. Kay Rackauckas, former spouse of current D.A. Tony Rackauckas. A 2002 Grand Jury Report cited her excessive and extensive influence within the D.A.’s office. And didn’t she get MacLean’s assault-and-battery charges dismissed on behalf of her politically-networked client for a hand-slap in that case? After previewing this article, D.A. spokeperson Susan Schroeder told the Dispatch Ms. Rackauckas receives no preferential treatment and obtains her results based strictly on her excellent lawyering skills.

   Influencing the investigator. If that’s not enough for pause, consider that a politically connected supporter of MacLean was quickly able to contact the D.A.’s investigator to plead for MacLean’s cause. Immediately thereafter emails were circulated among MacLean supporters providing the name and phone number of the investigator and soliciting previous signers of the recall petition to call the investigator and say they were defrauded. Barron did not allege there were fraudulent representations to voters in his original email.

   Prejudicial Leaks. If that’s still not enough for concern, consider the D.A.’s office apparently is leaking like a sieve to MacLean supporters about the case, although D.A. media spokesperson Susan Schroeder told the Dispatch last week that no information could be disclosed. One of the leaks provided info about a court order to review the recall petitions. Although that could favor either side in the long term, during the short campaign period it conveniently creates fodder for rumors and political stink bombs coming from the MacLean camp.

   Police Union Involvement. If the above scenario still doesn’t sound an alarm, consider that the Police Union is pouring large sums of money into saving MacLean. The Union represents the Mission Viejo deputies who opened the investigation and influenced the D.A. to pursue it. And Union deputies work closely with the D.A.’s Office.

   OC Registrar. The recall signatures were submitted to the OC Registrar last August and no complaints were made, until Barron’s email in December. The OC Registrar had already reviewed the recall signatures one-by-one and certified more than sufficient signatures without even needing to complete the count on all petitions. The sample ballots were mailed to voters on December 24. The absentee ballots, which could constitute up to 80% of the total votes, were mailed on January 4.

   Schroeder advised that the D.A.’s role is strictly to investigate the conduct of individuals involved in gathering signatures, not to prevent or prejudice the election. She had no explanation for the leaks, and said her office does not condone leaks.

   The facts and relationships above create a perception of unfairness. Many observers question the motivation for the investigation, especially since there is no investigation of alleged MacLean violations. Neither City Hall nor the D.A. is investigating the blatant use of City resources by Mayor MacLean, from the dais at City Council meetings, to campaign against the recall in half-hour televised speeches. This has occurred at multiple meetings even though State law prohibits the use of taxpayer funds and resources to promote or oppose a candidate or ballot measure.”

Note: In addition to their own extensive coverage of Mission Viejo stories, including the recall election, the Dispatch provides both of my Orange Juice replacement candidate interviews for their readers on their web site side bar.

 Special thanks to the Dispatch Editor for his courtesy to our readers