Carona’s lawyers attack allegation

A retired assistant sheriff testified Thursday that he did not recall the department releasing a drunk-driving defendant from jail at the request of Newport Beach millionaire Don Haidl, a key government witness who made the allegation in the corruption trial of former Orange County Sheriff Michael S. Carona.

Kim Markuson was one of five witnesses called by attorneys Brian A. Sun and Jeffrey Rawitz as they began defending Carona against charges that he misused his office to enrich himself and others. The opening of the defense in federal court in Santa Ana followed nearly seven weeks of testimony from more than 30 prosecution witnesses.

Throughout the trial, Sun and Rawitz have sought to discredit Carona’s chief accusers -- including Haidl and former Assistant Sheriff George Jaramillo -- characterizing them as vengeful former allies who were corrupted by their own greed and are now trying to win leniency by cooperating with the government.

The attorneys have on many occasions tried to undermine Haidl’s testimony that he was appointed an assistant and got full access to Sheriff’s Department resources, as well as a “get out of jail free card,” in exchange for bankrolling Carona’s first campaign in 1998 and bribing him with cash and other gifts for years.

During one of his 10 days testifying last month, Haidl surprised both sides when he said he used his get-out-of-jail card after his friend Joe Kowal called and asked him to help secure the release of a friend in custody on a DUI charge.

Kowal’s friend was afraid for his life because of gang activity inside the jail and Kowal asked “was there anything I could do about it,” Haidl testified. Haidl said that he called then-Assistant Sheriff Rocky Hewitt, who in turn talked to Markuson, then a commander at the jails, and that the inmate was released into a work furlough program.

In interviews with The Times the day of that testimony, both Kowal and Markuson said they were unaware of such an event. On Thursday, Markuson maintained that he had no knowledge of any such release, adding that the Probation Department would have had to sign off on the release.

Under cross-examination, Markuson said he was also unaware that a man facing a second DUI and an automatic 60 days in jail in 1999 -- who prosecutors say was Kowal’s friend -- had been released into a work furlough program and never showed up for it.

Markuson was also questioned about Haidl’s assertion that he used his get-out-of-jail card in March 2002, when his sister Maura was released to attend their mother’s funeral and a reception that followed. Markuson said it was standard for inmates to be released for funerals. Under questioning by prosecutors, he said that under department policy, inmates must be returned immediately after the service and are not to go to a second location.

Markuson also testified that fees for such releases, which run to the “thousands,” are supposed to be paid in advance. The bill for Maura Haidl’s release was not paid until 20 months after the funeral, he said. By then, Markuson was an assistant sheriff and the matter was brought to his attention by someone who helped the department process such expenses.

Earlier Thursday, retired human resources director Karen Kiddy testified under cross-examination that Carona directed her and her boss, then-Capt. Tom Twellman, not to open a formal investigation in 2000 into allegations that Jaramillo was sexually harassing his secretary.

Kiddy also said Carona instructed her not to interview Jaramillo about the allegations. The secretary testified earlier this week that Carona encouraged her to deny the allegations after the department received an anonymous letter about them.

Kiddy said that she believed there was more to the allegations but that the secretary seemed reluctant and ultimately recanted.

Kiddy said she was not aware at the time that Carona was having an affair with the secretary. That information would have been important in the decision to open a full investigation, she said.

Kiddy said that after the secretary recanted, Twellman instructed her to take her notes about their three interviews, a recording of the third interview and the anonymous letter to her home to store them.

Hanley is a Times staff writer.

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