Criminal Prosecutions

Prosecutors say says McGill memo to Fleming is smoking gun

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Susam McGill, The Orange County Register The District Attorney is presenting, as evidence against Fleming and McGill, a four-line memo dated Jan. 12, 2006, addressed to Fleming and apparently penned by McGill that reads: "Per your request, attached are the lists of individuals who were listed as petition signature-gatherers along with the information on whether they have children in CUSD."

McGill is a former CUSD Assistant Superintendent who served during the James Fleming administration. In 2006, Fleming and McGill were indicted on multiple felony counts for alleged criminal behavior while serving at CUSD.

RSM Councilmenber says Fleming trustees are complict in CUSD scandals and should resign

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Neil Blais, Trabuco Canyn News RSM Councilman Blais stated the four remaining Fleming-era trustees “are complicit in this whole affair and they need to step down.”

In response to the indictments and continuing problems in beleaguered CUSD, local officials from across South Orange County are now speaking out and demanding change. Blais is a Councilmember of the City of Rancho Santa Margarita.

Christensen agrees with constituents - district should not pay Fleming's criminal attorney fees

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Larry Christensen, The Capistrano Dispatch “I agree with the constituents of CUSD.”

CUSD Trustee Christensen commented after 21 individuals spoke at the August 13, 2007 CUSD board meeting in opposition to Fleming's request for criminal attorney fees (which trustee Marlene Draper brought to motion).

Bryson says denial of Fleming's criminal attorney's fees request is in district's best interest

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Anna Bryson, The Los Angeles Times "This is the best possible way for the district to go forward."

Bryson was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

Mission Viejo resident: payment of Fleming's legal fees would constitute misplaced priorities

Kelly Henry, The Orange County Register "When the kids start (school), the teachers ask, 'Can you bring in Kleenex boxes, because we don't get money for that. It'd be ridiculous if we're paying for his legal fees when teachers … are asking for Kleenex boxes."

Henry is a Mission Viejo resident.

President of classified employees union: payment of Fleming's attorney's fees would be unfair

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Ronda Walen, The Orange County Register "You would be allowing Dr. Fleming to maintain his lifestyle … when the rest of us are feeling the pain."

Walen is the president of CUSD's classified employees union, and made this remark while noting that CUSD recently laid off workers.

Christensen explains board's decision not to pay Fleming's defense costs

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Larry Christensen, The Orange County Register "We voted on this before, 7-0, not to support payment. There has been no change since then. I don't see any reason to go back into this again."

Christensen was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

Fleming refuses to testify, takes the 5th; McGill testifies, is charged with perjury

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Seema Mehta, The Los Angeles Times "Fleming refused to answer most of the prosecutors' questions on the grounds that he could incriminate himself, aside from a handful of basic questions, such as his wife's name, Lilly. McGill did testify, which led to the perjury charge."

Grand jury found no legitimate educational purpose for enemies lists

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Tony Rackauckus, The Ladera Post “The grand jury found no legitimate educational purpose for any of the multiple versions of the enemies lists that were created.”

Rackauckus is the Orange County District Attorney.

Recall Committee calls for Fleming-era trustees to resign or face recall

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Tom Russell, The Trabuco Canyon News “Today’s indictments are also an indictment of the four remaining Fleming-era Trustees. For years, they chose to ignore Fleming’s wrongdoings. We call upon Trustees Marlene Draper, Shelia Benecke, Duane Stiff and Mike Darnold to resign immediately. If they fail to do so, we will be left with no choice but to commence a recall campaign to remove them from office.”

Russell is a CUSD parent and spokesperson for the CUSD Recall Committee and the Committee to Reform CUSD.

Additional indictments against the CUSD leadership may still be issued

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Tony Rackauckus, The Trabuco Canyon News We're not finished yet. We still have work to do here.”

Rackauckus is the Orange County District Attorney.

Resources of cash-strapped district shifted from students to unlawful purposes

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Tony Rackauckus, The Trabuco Canyon News “We are bombarded with complaints from educators and parents that our schools are strapped for cash and children have to do with less. It’s a shame that resources were shifted away from students to create an unlawful list of political 'enemies.' ”

Rackauckus is the Orange County District Attorney.

Fleming wrongdoings happened under Fleming-era trustees' watch

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Tony Beall, The Los Angeles Times "What we're talking about here is Fleming, and that is only the tip of the iceberg. All these issues that are now being brought to light are things we brought directly and personally to the trustees. Those trustees turned a blind eye, put their heads in the sand. And all of this happened on their watch."

Beall is the mayor of Rancho Santa Margarita and a recall leader.

Fleming indictment is vindication for reformers, who are committed to finishing the job

Dana Parsons, 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."

Parsons is a columnist for The Los Angeles Times.

Fleming dodges real issues in pathetic attempt to take the moral high ground

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James Fleming, The Orange County Register “I believe they were the ethical and moral decisions to make and I could not ignore my responsibility.”

Fleming lists achievements during his tenure, such as building campuses and winning National Blue Ribbons for high-achieving schools, and says a district-commissioned [Judge Waldrip] investigation found no laws had been broken. That report criticized Fleming for actions that were “ill-advised and imprudent.” Hey, earth to Jimbo! Those decisions may have ticked people off, but those aren't the decisions you're being prosecuted for. Just think for a minute. Could it be the years of lies, deceit, retaliation, defamation and other abuses that have finally caught up with you? It was not your "responsibility" to cross every ethical and legal line possible. And as for the district-commissioned Waldrip report, it was only a matter of time before this made-to-order whitewash would be raised as a defense. Fortunately, the District Attorney looked into the same matters, and guess what? He saw at things a little differently.

Criminal defense attorney helps Fleming play the blame game

Robert Brower, The Orange County Register “In my client’s mind, the D.A. is a political animal: He’s hearing a lot of complaints down there … and there is political capital to be made.”

No Fleming defense would be complete without a healthy dose of the classic Fleming blame game. Brower is former superintendent James Fleming's criminal defense attorney. Last fall, the Fleming-era trustees approved the district's payment of Fleming's criminal attorney's fees at nearly $400 per hour. Last March, the ABC reform trustees successfully brought a motion to reverse that decision.

DA charges McGill with two felonies that carry penalties of neary five years in prison

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Sam Miller, The Orange County Register "Retired Assistant Superintendent Susan McGill was indicted on charges of conspiracy and perjury. She faces nearly five years in prison if convicted."

Miller is the South County education reporter for The Orange County Register.

DA charges Fleming with three felonies that carry penalties of up to four years in prison

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Sam Miller, The Orange County Register "The Orange County District Attorney’s Office on Thursday unsealed three felony indictments against Fleming. If convicted on charges of misappropriating public funds, using school money for political purposes and conspiracy, he could face four years in state prison."

Miller is the South County education reporter for The Orange County Register.

Criminal defense lawyers for Fleming and trustees will be paid from general fund

Mike Winsten, Trabuco Canyon News “The Trustees unanimously approved the engagement of a $400/hour criminal defense attorney to represent former Superintendent James Fleming and a $395/hour criminal defense attorney to represent themselves in connection with the on-going criminal investigation. These costs will come directly out of the district’s General Fund.”

Taxpayers should not pay Draper's criminal defense lawyer fees

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Gary Thompson, Trabuco Canyon News “The CUSD Trustees should not ask the taxpayers to spend one penny on a criminal lawyer to defend Trustee Draper. If she broke the law, she should be held accountable and should pay for her own criminal defense – just like anybody else.”

Thompson is Mayor Pro Tem of the City of Rancho Santa Margarita.

Trustees hire criminal defense lawyers for Fleming and themselves

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Jonathan Volzke, The Capistrano Dispatch “Trustees in September unanimously agreed to pay $400 an hour for the law firm of Ronald G. Bower and Associates to represent Fleming, while they hired defense attorney Paul Meyer at $395 to represent other district employees.”

Volzke is the publisher of the Capistrano Dispatch.

Trustees agreed to pay Fleming's attorney if no evidence of wrongdoing

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Jonathan Volzke, The Capistrano Dispatch “... when trustees agreed to Fleming’s request to pay his attorney, they said they would do so as long as there was no evidence of wrongdoing on his part.”

Volzke is the publisher of the Capistrano Dispatch.