Legal Proceedings
Reform Trustees Save CUSD $5.5 Million Dollars - Judge Dismisses Lawsuit Brought By CUSD's Disgraced Former Supt. Carter
Mar 20, 2010
Read OC Register Article
Read Carter's Termination Report
The Trustees obviously did the right thing when they fired this corrupt and greedy educrat. It really makes us wonder why Erin Kutnick's pro-union "Children First" group, as well as hundreds of union members, fought so hard to protect Carter from being fired. Why did they fight so hard to protect Carter when the facts so clearly showed he'd been caught "red handed" trying to rip off the school district by inserting a golden parachute severance clause into his own employment contract without board approval? Read More...
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Court Strikes Illegal Campaign Statements “in their entirety”
Apr 28, 2008
Rancho Santa Margarita, CA. An Orange County Superior Court has stricken “in their entirety” the 200-word candidate statements filed by recall targets Marlene Draper and Sheila Benecke, two trustees of the Capistrano Unified School District. A copy of the court order is attached hereto.
The court’s action ensured Draper and Benecke’s illegal campaign statements will not be published in the sample ballots to be sent to all voters prior to the June 24 special election.
Leaders of the CUSD Recall Committee filed the lawsuit seeking court intervention to strike numerous “false, misleading and illegal statements” made by Draper and Benecke in their optional “Candidate Statement of Qualifications.” Read More...
CUSD Recall Court Hearing Set For Monday
Apr 25, 2008
Lawsuit Asks Court To Sanction Trustees Draper and Benecke for Illegal Campaign Statements
Recall
Committee leaders and lawsuit petitioners Jennifer
Beall and Tom Russell
Rancho Santa Margarita, CA.
On Monday,
April 28, 2008, a superior court judge will hear the
lawsuit brought by members of the CUSD Recall
Committee asking the court to strike numerous false,
misleading and illegal statements contained in
candidate statements filed by recall targets Marlene
Draper and Sheila Benecke, two trustees of the
Capistrano Unified School District (CUSD). The matter
has been scheduled for hearing before Judge Steven L.
Perk on:
Monday, April 28, 2008, at 8:30 a.m., in Department
C32 of the Superior Court of California, County of
Orange, at 700 Civic Center Drive West, Santa Ana, CA
92701.
Recall Targets Sued Over Illegal Campaign Statements
Apr 22, 2008
CUSD Recall Committee Members Ask Superior Court To Sanction Trustees Draper and Benecke
Recall Committee leaders Jennifer Beall and Tom Russell
See copy of complaint and press release.
Rancho Santa Margarita, CA. Yesterday, leaders of the CUSD Recall Committee filed a legal action in Orange County Superior Court against Marlene Draper and Sheila Benecke, two trustees of the Capistrano Unified School District (CUSD).
The legal action seeks expedited court intervention to strike numerous false, misleading and illegal statements made by Draper and Benecke in the optional “Candidate Statement of Qualifications” each filed with the Orange County Registrar of Voters on April 12th. Any final approved Candidate Statement of Qualifications will be published in the sample ballot sent to all voters prior to the special election. Read More...
Fleming and CUSD Officials Sued Over Illegal “Enemies Lists” and Sending “Moles” Into Private Homes
Jan 08, 2008
• District Officials Illegally Accessed Confidential Records on Multiple Occasions
• Action Seeks to Hold Wrongdoers Accountable and to “Send Message” to Future Leaders
• Plaintiffs Pledge to Return Net Proceeds to Cash-Strapped School District
Rancho Santa Margarita, CA. Today, members of the CUSD Recall Committee – and their children – filed a legal action in Orange County Superior Court against Capistrano Unified School District’s recently indicted former superintendent James Fleming, recently indicted assistant superintendent Susan McGill, and each of the seven elected “old guard” trustees who for years worked with Fleming.
The legal action seeks to hold the defendants accountable for their unlawful actions that violated the plaintiff’s civil rights and right to privacy, including actions related to the creation and use of illegal “enemies lists” and sending moles into private homes to spy on their political enemies.
See copy of Complaint and Press Release. Read More...
Fleming, McGill criminal trial delayed
Dec 08, 2007
The criminal trial of former CUSD superintendent James Fleming and former CUSD associate superintendent Susan McGill, scheduled to begin on December 7, 2007, has been delayed for two months after a judge granted a motion by McGill's attorney to reconsider the evidence for McGill's perjury charge. The hearing on the perjury evidence has been set for February 8, 2007. Fleming has been charged with embezzlement by a public officer, use of school funds to urge support or defeat of a ballot measure or candidate, and conspiracy to commit acts injurious to the public. McGill has been charged with perjury and conspiracy to commit acts injurious to the public.
Fleming, McGill pretrial hearing postponed until December 7th
Oct 05, 2007
Day In Court For Indicted Ex-Sup Delayed
By Daffodil Altan, OC Weekly
An Orange County judge granted a new pretrial hearing date for ex-superintendent of Capistrano Unified School District, James Fleming and ex-assistant superintendent, Susan McGill. The pretrial hearing was scheduled for this morning, with a jury trial set to begin Oct. 29, but lawyers for both McGill and Fleming requested the new date of Dec. 7. A new jury trial date will not be set until after the Dec. 7 pretrial. Both Fleming and McGill were indicted in late May for conspiring to commit acts injurious to the public and misappropriating district funds to create lists of proponents of a recall election intended to oust the seven school board trustees. McGill was additionally indicted on a perjury charge. (See "Hard Knocks", Oct. 5). Read More...
1990-1991 Grand Jury Report exposes the deep roots of, and players behind the CUSD culture of corruption
Jun 17, 2007
It looks like Benecke, Draper and others at CUSD are
up to their old tricks ... very old
tricks.
Have you read the
1990-1991 Grand Jury report on CUSD’s unethical
and illegal conduct during the 1989-1990 Measure
A Mello-Roos election? The issues are
strikingly similar to those recently exposed in
numerous CUSD scandals, and those recently
investigated by the Orange County District
Attorney and the 2006-2007 Grand Jury, and which
recently became the subjects of formal criminal
indictments against former superintendent James
Fleming and former assistant superintendent
Susan McGill. Read
More...
Fleming's foes are just getting started
May 25, 2007
Opponents of the indicted former Capistrano Unified superintendent are now going after remaining trustees who supported him.
Dana Parsons, Orange County, The Los Angeles Times
You bet they feel vindicated. What they aren't feeling is charitable. You could say, in fact, they're just getting warmed up.
The foes of former Capistrano Unified School District Supt. James Fleming — yes, the man had enemies — had reason to celebrate Thursday, if that's the right word. They had been loudly proclaiming in recent years that Fleming was running a corrupt administration, and now they've got county grand jury indictments against Fleming and his assistant superintendent to back them up. Read More...
It's official - former superintendent James Fleming, former assistant superintendent Susan McGill indicted!
May 24, 2007
• Charges include misappropriation of funds, conspiracy, perjury
• DA says he's not finished, possibly more indictments to follow
• Recall leaders demand Fleming trustees' resignation or face recall
How the mighty have fallen
May 24, 2007
We get news that former Capistrano Unified School District Superintendent James Fleming and Assistant Superintendent Susan McGill were indicted by the grand jury. Fleming was indicted for misappropriation of public funds, for using school funds to defeat a recall of his political allies and conspiracy, according to DA Tony Rackauckas' statement. McGill was indicted for conspiracy and perjury. These are all felony charges, relating to their efforts to stop the recall and the compilation of an enemies list. Read More...
Capistrano Unified School District Superintendent and Assitant Indicted for Creating "Enemies List" and Misusing School Funds
May 24, 2007
• Highest ranking school officials charged in Orange County History
SANTA ANA – An indictment was unsealed this morning against the former Superintendent and Assistant Superintendent of the Capistrano Unified School District (CUSD) for using public and school funds to create an “enemies list” of citizens supporting a 2005 recall election against the School District Board of Trustees.
Read More...CUSD Board President Marlene Draper Called Before Grand Jury
Dec 04, 2006
•
Scandal-Ridden Board President Forced to Testify for
Three Days
• CUSD Recall Committee Calls For Draper’s Immediate Resignation
San Juan Capistrano, CA. As part of the on-going criminal investigation of the Capistrano Unified School District, Board President Marlene Draper just spent three days testifying before the Orange County Grand Jury. A criminal defense attorney charging $395/hour is representing Draper … and, the taxpayers will be forced to pay the bill! Read More...
Signs that CUSD has learned its lessons
Dec 03, 2006
New leadership of Capistrano district admits
mistakes, changes controversial
policy
Editorial, The Orange County
Register Finally, Orange County
residents are getting some good news from the
Capistrano Unified School District, the massive
south county district that has been plagued by
scandal for several months and controversy for
several years. The new administration, headed by
interim Superintendent Charles McCully, is
settling outstanding legal disputes and admitting
mistakes that the district’s administration had
made, which sends signals that, perhaps, badly
needed reform is in the air. Read
More...
Your tax dollars at work
Sep 12, 2006
In case you missed Sam Miller's story, the Capistrano Unified School District trustees voted last night to hire a $400/hour attorney to represent former Superintendent James Fleming in investigations being conducted by the distict attorney and the county grand jury. Fleming resigned at the end of last month amid growing controversy. The Total Buzz dossier on the matter is here. Read More...
Capo crossed a line
Sep 04, 2006
Court says school district’s racial gerrymander
violated
Proposition 209
Editorial, The Orange County
Register Capistrano Unified
School District Superintendent James Fleming
retired under a cloud of controversy, Orange
County Superior Court Judge Gail Andler issued a
ruling Aug. 25 that is the equivalent of the door
hitting Mr. Fleming on the backside as he left the
building. The judge ruled that Capo Unified’s
racially gerrymandered school attendance
boundaries violate Proposition 209, which bans
state and local governments from discriminating on
the basis of race or ethnicity. Read
More...
Proposition 209
Capistrano needs a new lesson plan
Aug 21, 2006
Now that the superintendent is retiring, it’s time
for new life on the school board,
too
Editorial, The Orange County
Register Nothing but bad news
has come from the Capistrano Unified School
District over the course of the summer, with the
latest story coming last week. Investigators from
the Orange County District Attorney’s Office
showed up at Capistrano district headquarters with
a search warrant and seized computers used by
Superintendent James Fleming’s assistant. Several
district employees also appeared before the grand
jury after being served with subpoenas.
An investigation doesn’t mean guilt, of course, but there have been many troubling revelations about how Mr. Fleming and the board of trustees have been running the district. It’s a story of power and arrogance, and the unraveling of the administration contains warnings for other districts. Read More...
An investigation doesn’t mean guilt, of course, but there have been many troubling revelations about how Mr. Fleming and the board of trustees have been running the district. It’s a story of power and arrogance, and the unraveling of the administration contains warnings for other districts. Read More...
Investigators Raid CUSD Headquarters
Aug 14, 2006
Search Warrants Served on Scandal Ridden School
District
San Juan Capistrano. The CUSD Recall Committee announces that investigators armed with search warrants are raiding the headquarters of the Capistrano Unified School District.
Thomas
Russell, spokesperson for
the CUSD Recall Committee, the organization that
led the unprecedented recall campaign, confirmed
that committee leaders who have been working
closely with D.A. investigators for nearly a
year had been notified that search warrants had
been obtained and were about to be
executed. Read
More...
San Juan Capistrano. The CUSD Recall Committee announces that investigators armed with search warrants are raiding the headquarters of the Capistrano Unified School District.
CUSD Lawsuit Set For Hearing
Aug 09, 2006
Talega resident, attorney and all-around great guy Mike Winsten is getting his day in court.
On behalf of all Talega residents, he sued the Capistrano Unified School District claiming that their plan to bus high school age Talega residents to SJC (rather than allow them to attend San Clemente High School) is in violation of Prop 209. Read More...
Draper denies existence of enemies list & infiltration of Registrar's office after one-day "investigation"
Jul 12, 2006
Didn't Happen
By Jonathan Volzke
Editor, (949) 248-2296
The Capistrano Dispatch
![Draper 15_2[1]_2](page26_blog_entry103_summary_1.jpg)
School Board
President Marlene Draper said school officials
did not compile a hit list against parents
supporting the recall, nor did Superintendent
James Fleming dispatch any staffers to review
the signed recalled petitions. She said the
district has looked into the allegations --
reported in two front-page stories in the Orange
County Register -- and found no evidence they're
true. Draper made the statement before a dozen
or so parents criticized trustees and Fleming --
many calling for his ouster. The meeting was so
raucous that trustees retreated to a back room
while a security official negotiated a way to
calm parents. Read
More...
By Jonathan Volzke
Editor, (949) 248-2296
The Capistrano Dispatch
An enemies list at Capistrano Unified
Jul 11, 2006
School district’s Orwellian monitoring of
recall-supporting parents is no small
matter
Editorial, The Orange County
Register The Register reported
on Monday that the Capistrano Unified School
District “kept lists of 150 families who supported
last year’s board recall campaign, detailing such
personal information as where their children went
to school.”
This is a chilling abuse of power that should be thoroughly investigated by the county district attorney. One parent, appropriately enough, called the behavior “Nixonish.” Read More...
This is a chilling abuse of power that should be thoroughly investigated by the county district attorney. One parent, appropriately enough, called the behavior “Nixonish.” Read More...
Fleming should be fired; victims should find good civil rights attorney
Jul 10, 2006
The Register's front-page article today details an outrageous abuse of power that should result in a DA investigation, civil rights lawsuits against the Capistrano Unified School District and the firing of its arrogant superintendent James Fleming.
Read "School district kept tabs on parents."
Posted at 10:32 AM
Read More...
OC Register Plans Story About CUSD "Enemies List"
Jul 07, 2006
CUSD Recall Committee Urges OC Register Not To
Publish Names
San Juan Capistrano, CA. The CUSD Recall Committee has learned that Sam Miller and the Orange County Register plan to publish a story about a database that was kept by someone in the Capistrano Unified School District. The database includes the names, email addresses and some other personal information for people who early on were associated with the recall -- in particular, people who were on the recall group's electronic mailing list.
Read More...
San Juan Capistrano, CA. The CUSD Recall Committee has learned that Sam Miller and the Orange County Register plan to publish a story about a database that was kept by someone in the Capistrano Unified School District. The database includes the names, email addresses and some other personal information for people who early on were associated with the recall -- in particular, people who were on the recall group's electronic mailing list.
Read More...
Trouble at the O.C. Registrar?
Apr 07, 2006
I'm glad that the proponents of a recall of the Capistrano Unified School District board have filed a lawsuit against the Orange County Registrar of Voters. Parents claim that the registrar unfairly rejected their petitions, and the registrar argues that he was only following state law. The only way to resolve this is in court. I am sympathetic to the recallers and read their report alleging improprieties in the registrar's office. I can't know which side is right, given that I have not analyzed the signatures. But I do know that this needs to be looked at by an impartial party, and that if the CUSD recallers' allegations are correct, that there could be major problems in the registrar's office. Read More...
CUSD Recall Committee advises parent group and their counsel not to sue Registrar
Mar 30, 2006
• Committee deliberates and determines suit against
ROV not advisable
• C4BR rejects Committee's advice, instructs counsel to ignore Committee
• Committee sends following letter to counsel for C4BR on Mach 30, 2006
• C4BR rejects Committee's advice, instructs counsel to ignore Committee
• Committee sends following letter to counsel for C4BR on Mach 30, 2006
Mark S. Rosen, Esq.
600 W. Santa Ana Boulevard
Suite 900
Santa Ana, California 92701-4555
Re: Potential Legal Action Relating to CUSD Recall
Petitions
Dear Mr. Rosen:
We understand that Becky Bauer, Kim Lefner and Kevin
Murphy (collectively, your Clients) have approached
you for the purpose of seeking a writ of mandate
relating to mistakes made by the Orange County
Registrar of Voters in refusing to certify the recall
petitions against all seven members of the CUSD Board
of Trustees. The purpose of this letter is to confirm
that the CUSD Recall Committee does not support the
proposed legal action. We would also like to make you
aware of certain critical facts relating to the CUSD
Recall campaign and the actions that have and are
being taken by the CUSD Recall
Committee.
CUSD Leadership Under Investigation
Mar 01, 2006
An investigation into allegations of illegal activities at the Capistrano Unified School District has been commenced. The Orange County District Attorney’s office is leading the investigation.
This past summer, residents throughout South Orange County sought to recall the entire school board based upon allegations of corruption and gross fiscal mismanagement. More than 177,000 petition signatures seeking to remove the Trustees from office were delivered to the Orange County Registrar of Voters.
Susan Schroeder, spokesperson for the District Attorney’s Office confirmed the District Attorney has assigned a Deputy District Attorney to the case. Schroeder also stated, “We are reviewing the evidence and witness statements.” Read More...
PLF Fights To Stop School District From Color-Coding Kids
Aug 01, 2005
The following op-ed was co-written by Harold Johnson, a PLF attorney, and Arthur B. Mark III, a former PLF attorney.
Like Rip Van Winkle, administrators at Capistrano Unified School District apparently missed some big news. They’re acting as if Proposition 209, the 1996 initiative that forbids race-based policies in California schools, was never put on the books. The district recently redrew attendance boundaries in a disruptive way that uses students’ skin color, in part, to determine where they will go to school. Read More...
Parents Sue Capistrano Unified School District Over Racially Based High School Boundaries That Violate Prop. 209
Jun 16, 2005
