O.C. IN BANKRUPTCY : Defense Wants to Put D.A. on the Witness Stand : Courts: Steiner’s lawyer says Capizzi and his office are ‘victims’ and can’t fairly prosecute the misconduct case against two supervisors and the county auditor.

Orange County Dist. Atty. Michael R. Capizzi and other high-ranking officials might be called to testify next month to determine whether Capizzi’s office should be kept from prosecuting two county supervisors and the auditor on misconduct accusations stemming from the county’s bankruptcy.

Attorney Allan H. Stokke, who represents Supervisor William G. Steiner, said Thursday he will seek to have Capizzi--and possibly other prosecutors and county officials--testify “to show they are victims” of the bankruptcy and cannot fairly prosecute the case.

The unusual bid to put the district attorney on the witness stand is part of an aggressive defense strategy by Steiner, Supervisor Roger R. Stanton and Auditor-Controller Steve E. Lewis to prevent the district attorney’s office from pursuing “willful misconduct” charges against the three elected officials for their alleged failure to oversee management of the county’s ill-fated investment pool.

Stokke said he wants to question Capizzi and other officials about their investments in the county’s deferred-compensation program to show that prosecutors suffered losses and have a conflict of interest.

Defense lawyers also plan to press their case that Capizzi had the same information about county finances that Steiner, Stanton and Lewis are accused of ignoring.

District attorney’s officials have said they did not suffer personal losses as a result of the bankruptcy and have no conflict of interest.

It was unclear whether Capizzi would have to testify. He was unavailable for comment.

“We don’t want to speculate what’s going to happen,” said Chief Assistant Dist. Atty. Maurice L. Evans. “There’s been no subpoenas. There’s been no formal request to have him testify.”

In a court hearing earlier Thursday, Superior Court Judge David O. Carter scheduled a hearing Jan. 8 for defense motions seeking to remove the district attorney--a session the judge predicted could last well into evening and send a parade of public officials to the witness stand.

Attorneys for the three elected officials, charged two weeks ago with civil misconduct allegations that could lead to their removal from office, appeared in court without their clients. Carter postponed until Jan. 25 a session at which they must answer the civil accusations.

Carter’s courtroom has been the drama-filled clearinghouse for several bankruptcy-related court cases, including preparations for the Feb. 23 sentencing of former Treasurer-Tax Collector Robert L. Citron, who pleaded guilty to six felonies.

There was new intrigue Thursday as the judge scolded prosecutors for what he called a “concerted effort” to move the misconduct case from his courtroom.

Carter said Capizzi assistants have approached the Superior Court’s two top judges to have the case heard in another courtroom. “I take that as a friendly approach at this time,” Carter said. But, he warned, “I suggest that stop immediately.”

Assistant Dist. Atty. Wallace J. Wade told Carter he was unfamiliar with such conversations. Wade said later the issue may have resulted from confusion over where the rarely used misconduct charges were to be filed.

Carter rebuffed a move by prosecutors to delay the conflict-of-interest hearing several weeks, saying it was important for the public and the accused to settle the allegations while the elected officials are still in office. Stanton’s term ends in 1996; terms for Steiner and Lewis end in 1998.

Defense lawyers also pushed for a quick pace. “Supervisor Stanton wants to walk out of office with his head held high,” said defense lawyer Wylie A. Aitken.

Stokke said the district attorney should have stepped away from grand jury proceedings that resulted in the accusations against Steiner, Stanton and Lewis and a criminal indictment against former Budget Director Ronald S. Rubino.

Stokke contended outside court that Capizzi, named to a provisional troika to run the county after the financial collapse last year, may have been resentful over the crisis and had been warned before the bankruptcy, along with other county leaders, about a lack of controls in the treasurer’s office. But Wade said Capizzi was not responsible for overseeing the treasurer.