In a significant blow to former Orange County Sheriff Michael S. Carona's criminal defense team, a federal judge ruled Friday that prosecutors can play secretly recorded conversations between the ex-sheriff and a top aide during Carona's corruption trial.
In those conversations, Carona and the aide allegedly plotted to cover up illegal cash payments and gifts.
U.S. District Judge Andrew J. Guilford also denied Carona's motion to dismiss the six felony charges against him, including two witness-tampering counts that accuse Carona of trying to dissuade former Assistant Sheriff Don Haidl from testifying before a grand jury. It was Haidl who recorded the conversations with Carona.
And in a ruling that changes the complexion of the case, Guilford granted Deborah Carona's motion to be tried separately from her husband, sparing Carona the awkwardness of further courtroom appearances with both his wife and his former mistress, who also is accused in the corruption case.
Deborah Carona wanted a separate trial because she might need to make incriminating statements about her husband to defend herself. That would force her to give up protections that allow a married person to decline to testify against a spouse. If tried after her husband, she could testify without fear of implicating him.
"We appreciate the court's thoughtful order regarding severance and sincerely hope for a favorable outcome for the co-defendants in the first trial," said her attorney, David W. Wiechert.
Carona's lead lawyer, Brian A. Sun, declined to comment on the rulings.
Carona resigned in January to focus on defending himself against charges that he misused the sheriff's office to enrich himself and others in a conspiracy that included his wife and his former mistress, Debra Hoffman.
All three have pleaded not guilty. A trial date is set for Aug. 26.
Guilford's long-anticipated ruling on the Haidl recordings is pivotal in that it will allow jurors to hear three conversations in which Carona allegedly incriminates himself.
Carona's lawyers had argued that it was improper for prosecutors to ask Haidl to secretly tape the conversations last August because they knew Carona was being represented by an attorney at the time.
Guilford found that federal prosecutors "overstepped the boundaries" of State Bar of California rules that prohibit attorneys from contacting parties who are represented by lawyers. But he said their actions were not egregious enough to throw out the tapes as evidence and suggested the State Bar could discipline them if a complaint is filed.
