Carona trial witness says he used perk to win inmate’s release

Lawyers for former Orange County Sheriff Michael S. Carona moved into perhaps the most important stage of their case Tuesday, trying to attack the credibility of a Newport Beach millionaire who says that for years he plied Carona with cash in exchange for favors.

But as defense lawyer Jeffrey Rawitz tried to lessen the impact of Don Haidl’s testimony in the criminal corruption case, the businessman dropped a bombshell.

He said he used his position as assistant sheriff to get a man accused of drunk driving released from Orange County Jail.

Haidl has testified that he raised tens of thousands of dollars in illegal contributions for Carona’s 1998 campaign and in exchange was promised full access to the state’s second-largest Sheriff’s Department and a “get-out-of-jail-free card.”

Never before in interviews with federal investigators had Haidl mentioned his intervention in the drunk driving case.

Haidl said he took action after a friend named Joe Kowal called and asked him to help secure the release of a friend who was in jail on a charge of driving under the influence.

Kowal said his friend was afraid for his life because of gang activity inside the jail, and “was there anything I could do about it,” Haidl said.

Haidl said he called then-Assistant Sheriff Rocky Hewitt, who in turn talked to Kim Markuson, a commander at the jails, and the inmate was released. Haidl said he does not remember the inmate’s name.

“There was some technicality where the Sheriff’s Department could release him on work furlough,” Haidl testified.

In interviews with The Times, Kowal and Markuson said Tuesday that they did not recall such an event.

“I’m not aware of it,” Kowal said.

Markuson, now retired, said it would be highly unusual for Hewitt to call him about releasing anyone into a work furlough program. And if Haidl had requested the release, Markuson said, “it would have definitely stuck in my mind.”

Haidl is a key witness in the corruption case and has been on the stand for nearly two weeks as Carona and his former mistress Debra Hoffman face charges that they misused the powers of the sheriff’s office to enrich themselves and others. Haidl pleaded guilty last year and agreed to secretly record three meetings with Carona.

The “get-out-of-jail-free card” is one of many perks that Haidl has alleged he was promised by Carona in exchange for bankrolling his first campaign in 1998. After his election, Carona appointed Haidl as a volunteer assistant sheriff in charge of the reserve deputy program.

In order to convict Carona, defense lawyers contend, jurors will need to believe that he accepted cash and gifts from Haidl and in return took official action to benefit him.

During his cross-examination, Rawitz has attempted to show that Haidl did not benefit from his job as assistant sheriff -- a job that paid him $1 a year and included the use of a county car.

Haidl testified Tuesday that he did not initially want the job as assistant sheriff because it would take him away from his family and his highly successful automobile auction business.

His testimony Tuesday about the alleged intervention in the DUI case could be troublesome for Carona if jurors see it as evidence of a payback or favor.

Jurors already have listened to secretly recorded tapes of conversations between Haidl and Carona in which the then-sheriff talked about “untraceable” cash payments he had received from Haidl.

In one exchange played for jurors, Carona said that unless there was a “pinhole” in the ceiling of Haidl’s home, “it didn’t happen.” The pinhole, prosecutors say, was a reference to a hidden camera, and the “it” was a handoff of cash.

Haidl’s credibility, and the government’s case, do not rest squarely on the tapes.

Checks, credit card receipts, Haidl’s business records and other witness testimony have been shown to jurors to shore up allegations of influence peddling that underline the charges against Carona.

But there is no paper trail of any cash bribes. Prosecutors are hoping the tapes erase any doubts jurors might have.

Perhaps foreshadowing where the defense is headed, Rawitz focused much of his cross-examination on the notion that Haidl did not initially want the job as assistant sheriff and did not benefit by working for the department. He has yet to confront Haidl about the alleged cash payments.

Asked if he ever did anything to hurt the residents of Orange County, Haidl said: “I guess that’s a matter of law, sir. That’s why we’re here today.”

Hanley and Pfeifer are Times staff writers

[email protected]

[email protected]