People vs Fleming

Fleming, McGill criminal trial delayed

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James Fleming and Susan McGill will appear in court again in February

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.
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Fleming, McGill pretrial hearing postponed until December 7th

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Susan McGill

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...
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Capo Unified won't pay legal fees of ex-superintendent

James Fleming has been indicted for allegedly creating enemies lists to thwart a recall.

By David Haldane, Los Angeles Times Staff Writer

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The Board of Trustees of the Capistrano Unified School District voted unanimously Monday not to consider a request by former Supt. James Fleming to pay his legal fees stemming from an indictment for allegedly creating enemies lists to thwart a recall. Read More...
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New Outrage: Fleming Asking Taxpayers to Pay for His Criminal Defense!!!

• Fleming Asks Taxpayers to Fund His Criminal Defense
• Calls for Accountability and Resignations of Fleming-Era Trustees Increase

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Rancho Santa Margarita, CA. The CUSD Recall Committee has learned that James Fleming, the indicted former superintendent of the Capistrano Unified School District, has submitted a formal request to the school district asking that taxpayers pay for his criminal defense. As part of the on-going criminal investigation of the CUSD leaders, District Attorney Tony Rackauckas recently announced the indictment of former Superintendent James Fleming on three felony counts. If convicted, Fleming could serve up to four years in prison.

See Fleming criminal attorney fees request letter Read More...
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1990-1991 Grand Jury Report exposes the deep roots of, and players behind the CUSD culture of corruption

It looks like Benecke, Draper and others at CUSD are up to their old tricks ... very old tricks.

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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...
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CUSD Troubles Were Predicted

Londress Uso_2
Lon Uso, My View, The Capistrano Dispatch

Is it possible for me to take my City Council hat off for a minute and discuss an issue that I have been talking to you about for six or seven years, an issue that we may all be sick of hearing about but is so very important none-the-less, the CUSD.

I was personally not shocked to hear of the indictments of Jim Fleming and Susan McGill, although I thought there would be a few more names included, of course this may change before this article is published.
Read More...
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Lesson in hubris at Capo Unified

Indictments of former superintendent, assistant, should encourage community vigilance

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Editorial, The Orange County Register

The indictment last week of two former top officials at Capistrano Unified capped a long and bitter battle at that south county school district over efforts to reform leadership that had grown arrogant and out of touch with the public. An indictment is a far cry from a conviction, but the county grand jury’s decision is indeed vindication for the hearty band of parents who attempted to recall the school board and offers encouragement for grass-roots activists who want to keep their government accountable. Read More...
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Fleming's foes are just getting started

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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...
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It's official - former superintendent James Fleming, former assistant superintendent Susan McGill indicted!

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• Highest ranking school officials ever charged in Orange County
• 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



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See the KCAL 9 Television News report Read More...
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How the mighty have fallen

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

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...
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Capistrano Unified School District Superintendent and Assitant Indicted for Creating "Enemies List" and Misusing School Funds

OC DA Seal
• Orange County District Attorney Press Release
• 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...
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CUSD Board President Marlene Draper Called Before Grand Jury

page26_blog_entry89_summary_2 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...
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CUSD Trustee John Casabianca Forced to Appear Before Grand Jury

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Scandal-Ridden Trustee Forced to Testify for Two Days

San Juan Capistrano, CA. As part of the on-going criminal investigation of the Capistrano Unified School District leaders, Trustee John Casabianca has been called to testify before the Orange County Grand Jury. A criminal defense attorney charging $395/hour is representing Casabianca…and, it has just been confirmed, the taxpayers will be asked to pay the bill! Read More...
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Your tax dollars at work

Martin Wisckol
From Martin Wisckol, Total Buzz blog:

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...
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Capistrano needs a new lesson plan

Now that the superintendent is retiring, it’s time for new life on the school board, too

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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...
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Investigators Raid CUSD Headquarters

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.

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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...
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Draper denies existence of enemies list & infiltration of Registrar's office after one-day "investigation"

Didn't Happen

By Jonathan Volzke
Editor, (949) 248-2296
The Capistrano Dispatch


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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...
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An enemies list at Capistrano Unified

School district’s Orwellian monitoring of recall-supporting parents is no small matter

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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...
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OC Register Plans Story About CUSD "Enemies List"

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...
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CUSD Leadership Under Investigation

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Orange County District Attorney Reviewing Evidence of Alleged Illegal Acts

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...
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