Defense Rests Case Quickly in Carmony Trial

The prosecution in the election fraud trial of Republican campaign aide Rhonda Carmony spent nearly two weeks to present its case. The defense took only a full morning Wednesday and called just three witnesses, one of whom invoked his 5th Amendment right against self-incrimination.

Carmony’s attorney, Creighton Laz, called Jeff Flint, the chief of staff to Assembly Minority Leader Curt Pringle (R-Garden Grove), as one of three defense witnesses. But Laz and prosecutors agreed to allow Flint to decline by phone from Sacramento. The unusual court hearing involving Flint was done without the jury present.

Laz rested his case without testimony from Carmony, 27, charged with three felonies for her alleged role in helping Democrat Laurie Campbell falsify nomination papers to dilute the Democratic vote. He said he didn’t need to call more witnesses because Carmony was not proved guilty.

“We’re saying the prosecution was insufficient, period,” he said.

Flint’s decision not to testify comes after he was named earlier by prosecutors in court papers as an unindicted co-conspirator in a GOP scheme to place a spoiler Democratic candidate on a crucial November 1995 special ballot to recall Assemblywoman Doris Allen (R-Cypress).

Pringle spokesman John Nelson declined to comment on Flint’s decision.

Judge Francisco P. Briseno ruled that jurors can be told during closing arguments Monday that Flint was unavailable as a witness to both sides but can’t be told why.

Assistant Dist. Atty. Brent Romney said during court arguments over jury instructions that Flint’s culpability isn’t an issue in this prosecution.

“Flint could be guilty as sin and the defendant could prove it beyond all doubt and Rhonda Carmony could still be found guilty,” Romney said.

In opening statements in the four-week trial, Laz contended that it was Flint, acting at the behest of Pringle and the powerful California Independent Business PAC, who organized the decoy Democrat scheme. It was essential a Republican win to keep the Assembly in GOP control at the time, and to secure Pringle’s election as speaker.

Political consultant Harvey Englander, who manages both Republican and Democratic candidates in Orange County, said Flint’s refusal to testify likely will be used against Pringle if he intends to be involved in future political campaigns. Pringle has said he will step down as speaker this summer and intends to run for state controller in 1998.

“Flint was either trying to protect Pringle or himself and neither of that is acceptable,” Englander said. “No member of a legislative staff who has pled the 5th should be working for the taxpayers. It smells, and it’ll be used against him unless Pringle takes an act of leadership and gives Jeff Flint his walking papers.”

Laz rested the defense after testimony from only two witnesses: Assemblyman Dick Ackerman (R-Fullerton) and businessman James Righeimer, campaign chairman for Carmony’s fiance, Rep. Dana Rohrabacher (R-Huntington Beach).

Ackerman testified that he attended a meeting in Pringle’s office on the day Campbell’s nomination papers were filed and that Flint shuttled between the Assembly office and Pringle’s campaign office next door. In his opening statement, Laz said Flint spent that day making final arrangements to get Campbell on the ballot.

Righeimer testified about the size and location of Rohrabacher’s campaign office, where the recall effort against Allen began. The import of the testimony was unclear.

Earlier in the case, Campbell briefly considered refusing to testify but eventually appeared as a prosecution witness. Briseno ruled Wednesday that the jury will decide whether she should be considered an accomplice, though he said he found it “implausible” that Campbell was unaware she was breaking the law when she signed the nominating petitions. Under an agreement with prosecutors, Campbell still could be charged for her role.

Times political writer Peter M. Warren contributed to this report.