Steel loses fight to toss out case

Deepa Bharath

SANTA ANA -- A Superior Court judge on Friday denied a motion brought

by Costa Mesa Councilman Chris Steel’s attorney to throw out one of the

felony perjury charges against the councilman.

Prosecutors in May charged Steel with perjury and accused him of

allowing resident Richard Noack to sign the 2000 election nomination

papers on behalf of his wife and for signing the 1998 papers for a

legally blind woman, Alice Billioux.

Superior Court Judge Thierry Patrick Colaw in July, however, threw out

a civil suit brought by resident Michael Szkaradek because he said there

was not sufficient evidence to prove that Steel deliberately falsified

the nomination papers in the 2000 election.

On Friday, Cordova contended that Colaw’s decision does have an effect

on the pending criminal trial.

“[Colaw] was given an opportunity to look at the prosecution’s

evidence, and he decided that the defendant had not committed the offense

against the electorate,” he said.

If this court convicts Steel of the charges despite Colaw’s verdict,

the integrity of the judicial system would be in question, Cordova

argued.

“Then, we would have two irreconcilable verdicts,” he said.

Arguing for the prosecution, Deputy Dist. Atty. Brian Fitzpatrick said

the civil case cannot be compared with the criminal trial because the

plaintiff in that case was Szkaradek, not the district attorney.

“Szkaradek’s civil lawsuit sought different remedies,” he said.

Fitzpatrick said the court has allowed the criminal prosecution despite

the outcome of the civil case.

Judge Carla Singer said she agreed with the prosecution.

“The people should not be stopped in their prosecution,” she ruled.

Cordova said he was not surprised by Singer’s verdict.

“We were treading unchartered waters here,” he said. “It would have

required the court to make a decision that has never been made before --

an unprecedented decision. But I think we got a fair hearing.”

The criminal trial was set for April 8.

Cordova said he and his client have not decided whether to appeal the

judge’s decision on the motion. They have 30 days to file the appeal.

If the appellate court decides to go in for a full hearing on the

case, the criminal trial could be delayed by another two to three months,

Cordova said.

Szkaradek, who was also present at the hearing because he was

subpoenaed by Cordova, said he filed an appeal Friday to challenge

Colaw’s decision. He said “he took his time to make the decision.”

Szkaradek said he believes he lost the case in July because he did not

have ready access to some of the evidence in the case, including tapes of

recorded telephone conversations between Steel and the district

attorney’s investigator.

“I wouldn’t have filed this appeal if I thought I couldn’t win,” he

said. “I will prosecute this case, and I will win.”

* Deepa Bharath covers public safety and courts. She may be reached at

(949) 574-4226 or by e-mail at o7 deepa.bharath@latimes.comf7 .