Carona’s lawyers scramble to find witnesses

As the prosecution drew to a close Wednesday in the federal corruption trial of former Orange County Sheriff Michael S. Carona, defense attorneys acknowledged they were scrambling to line up witnesses.

The government’s final witness, an FBI agent, took the stand minutes before court adjourned and will be back this morning as prosecutors wrap up nearly seven weeks of testimony.

At day’s end Wednesday, Assistant U.S. Atty. Brett Sagel told the court that the defense had not provided a list of who would be testifying after prosecutors rested their case.

Sagel said that the defense had provided a list of 25 possible witnesses and that many of them lived locally. He specifically named former Assistant Sheriff Jo Ann Galisky, who was fired earlier this year amid questions about her conduct during an investigation into the death of a jail inmate, and retired sheriff’s investigator Bud Hood.

“Neither have jobs and both are local,” Sagel said. “I’m not sure why we’re scrambling for all these people.”

Carona attorneys Brian A. Sun and Jeffrey Rawitz acknowledged that they were having trouble lining up their witnesses for a variety of reasons, including scheduling conflicts, ongoing negotiations with lawyers for some of the people they would like to put on the stand, and 5th Amendment issues.

U.S. District Judge Andrew J. Guilford reminded the lawyers of the powers of the court that could be used to get potential witnesses on the stand.

Carona is charged with misusing his office to enrich himself and others and could face prison time if convicted. His wife, Deborah, and former mistress, Debra Hoffman, are awaiting separate trials. The FBI agent, who participated in the removal of a hidden camera system in the sheriff’s office, is the 34th and last witness to testify against Carona.

Guilford allowed the defense to call its first witness Wednesday in the middle of testimony from retired Sheriff’s Capt. Tom Davis, the penultimate witness for the prosecution.

Michael Yumaki, a one-time appointments secretary for former Gov. Gray Davis, had a scheduling conflict. The defense called him to knock down allegations that Carona used his influence to get his wife and Hoffman appointed to state boards. Yumaki said that a recommendation from Carona and other elected officials did carry weight, but that every candidate was thoroughly vetted and the ultimate decision was up to the governor.

On cross-examination, Yumaki said that Carona and Hoffman never revealed their relationship when they applied for the same state board dealing with juvenile justice issues, which could have proved embarrassing for Davis if the affair had become public. Both Carona and Hoffman were named to the board.

Tom Davis, who worked for the Orange County Sheriff’s Department for 29 years and now owns a private investigative agency, covered a broad range of subjects during his testimony for the prosecution.

He shored up allegations by a sheriff’s secretary who said that she had an affair with Carona and said that Carona asked her to lie to investigators to cover up sexual harassment by former Assistant Sheriff George Jaramillo.

Davis also was questioned about the events surrounding the deaths of two deputies, Brad Warner and Brad Riches, who both worked for him.

Davis said he confronted Jaramillo after hearing a rumor that Jaramillo and Carona were paid kickbacks for referring Warner’s widow to attorney Joe Cavallo in a wrongful-death case that was settled for hundreds of thousands of dollars. In a closed-door meeting, Davis said, he threatened to punch Jaramillo in the face if it was true. Jaramillo denied the rumor -- which is now an allegation against Carona.

Under cross-examination, Davis grew emotional as defense attorney Rawitz questioned him about Riches, who was riddled with rounds from an AK47 fired into his patrol car at a convenience store in 1999.

Rawitz seemed to be asking about the event to try to show a caring side of Carona, who turned his face away from the jury as Davis struggled to give complete answers without choking up.

“I can’t talk about it,” Davis said as he began to explain how Riches was killed and what transpired at the hospital that night. “Can we take a break?”

After a five-minute recess, Davis said he spoke to Carona the day after Riches was killed. The sheriff was shaken by Riches’ death, Davis said, the first deputy to die on his watch, and was concerned about how to handle the family, the eulogy and the days after.

“I told him he had to rise above that, that he was in charge of a family, not just a law enforcement agency,” Davis said.

Davis said he suggested that Carona might consider using Bible passages, such as “Blessed are the peacekeepers.” And Carona did end up using that phrase as he addressed mourners, Davis said.

Before he retired in 2003, Davis said, Carona met with him and promised to promote him and then endorse him as the next sheriff if he helped Carona get rid of Jaramillo.

Davis said he turned down the offer, not wanting to get in the middle of their political falling out.

Hanley is a Times staff writer.

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