Steel attorney asks judge to throw out civil case

Deepa Bharath

SANTA ANA -- A Superior Court judge will decide today whether to throw

out a civil lawsuit brought by Costa Mesa resident Michael Szkaradek

against Costa Mesa Councilman Chris Steel.

In the late afternoon Tuesday, defense attorney Ron Cordova made the

motion to throw out the case after Szkaradek, who is representing

himself, had presented his witnesses and evidence.

Szkaradek filed the complaint against Steel on May 29, stating that he

committed five felonies against the elective franchise. He alleged Steel

violated the California Election Code by allowing a resident to sign

nomination papers for his wife in last year’s council election and that

Steel himself signed for a blind woman in 1998.

If found liable in this civil trial, the judge could invalidate the

election and replace Steel with runner-up Heather Somers.

Cordova argued that the case had no merit because of a “lack of

evidence and failure to prove the violations.” He said resident Richard

Noack, who signed for his wife, Marilyn, had her authorization to do so.

“When you have authorization to sign for another, it is a genuine

signature,” Cordova argued. “There is enough evidence to show that

[Steel] didn’t do it knowingly.”

But Szkaradek said Steel knew all along that Marilyn Noack did not

sign the nomination papers.

“Unlawful intent can be presumed from an unlawful act,” he said. And

what Steel did was against the law, Szkaradek said.

“The election code doesn’t say it’s OK to sign for a wife, child or a

roommate. If it’s OK to get authorization, what would stop anybody from

sitting on the steps of City Hall and calling people on his cell phone to

get their authorization to sign nomination papers?”

Earlier, Szkaradek called the couple at the center of the controversy

to the witness stand. In her testimony, Marilyn Noack said her husband

has signed for her on several occasions.

“I asked my husband to sign [the nomination papers] for me,” she said.

“I was up all night and had just awakened that day. I was still in bed.”

Richard Noack said he asked Steel if he could sign for his wife and

that Steel replied in the affirmative.

“We’ve been married 45 years,” he said. “Sometimes I sign her name.”

Noack also verified that it was his handwriting on the nomination

papers where it read “Marilyn P. Noack.”

“Yeah, that’s my signature,” he said. “There’s no other way to say it.

That’s my signature.”

Szkaradek also played a tape of a message Steel had left for Jaime

Joyce, an investigator for the Orange County district attorney. Steel is

also facing criminal felony charges from the district attorney relating

to the same issues raised by Szkaradek.

In his message, Steel repeatedly admitted he “screwed up” and that he

was racing against the clock on Aug. 16, the last day to file nomination

papers.

“She didn’t sign it,” he said. “Mr. Noack signed it.”

The judge is expected to make his decision at 1:45 p.m. today.