Ex-CUSD Superintendent Fleming To Ask for Taxpayers To Pay For His Criminal Defense
Posted by: Jubal | 07/23/2007 5:30 PM
I got a tip that ex-Capistrano Unified School District Superintendent James Fleming is going to ask that taxpayers pick up the tab for his criminal defense.
More to come...
UPDATE (6:34 p.m.): This just came over the transom from the CUSD Recall Committee:
Fleming Asks Taxpayers to Fund His Criminal Defense
Calls for Accountability and Resignations of Fleming-Era Trustees Increase
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.Former Assistant Superintendent Susan McGill was charged with two felonies and faces up to five years in prison.
The indictments relate to their creation of multiple versions of political “enemies” lists – lists that included the names of many children.
When the indictments were announced, Rackauckas stated, “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’.”
The CUSD Recall Committee has learned that Fleming submitted his formal request in a letter addressed to Suzette Lovely, acting superintendent at CUSD. Interestingly, grand jury testimony from a CUSD staff member which was made public last week implicates Ms. Lovely in helping Fleming to create the enemies lists.
A copy of Fleming’s request that taxpayer’s pay for his criminal defense is attached hereto.
Elected officials across South Orange County reacted to the latest developments at the beleaguered school district.
A growing chorus, including Mission Viejo Mayor Gail Reavis, Aliso Viejo Mayor Carmen Cave, RSM Mayor Tony Beall, RSM Mayor Pro Tem Gary Thompson and RSM Councilmember Neil Blais, condemned the corruption and called for the resignation of the four remaining Trustees who failed to exercise reasonable control over Fleming.
Mayor Beall stated, “No family should have to fear their government leaders will retaliate against their children. Those who created the lists – and the school board members who failed to exercise proper oversight of Fleming – must be held accountable before this school district can heal and move forward.”
CUSD Recall Committee spokesperson Thomas Russell, “The CUSD Trustees should not ask the taxpayers to spend one penny on a criminal lawyer to defend Fleming – he’s now been indicted for multiple felonies. He should be held accountable and should pay for his own criminal defense – just like anybody else.”
The CUSD Recall Committee is the organization that led South Orange County residents in the unprecedented campaign to recall all seven elected Trustees of the Capistrano Unified School District. More than 177,000 signatures were obtained from South Orange County residents calling for the removal of all seven CUSD Trustees. On July 2, 2007, a second recall campaign commenced against the four trustees who served with superintendent Fleming (Marlene Draper, Sheila Benecke, Duane Stiff and Mike Darnold). Both campaigns focus upon the serious financial mismanagement and corruption at CUSD.



No way should the taxpayer have to pay one dime of this little man's defense.
Wow, that's some Chutzpah on Fleming's part. What an selfish arrogant action!
What was his salary? Certainly he has enough squirelled away to defend himself.
If the taxpayers are going to pay for his defense, I think the taxpayers should be allowed to choose who represents him ...
I here the Public Defenders office has some well qualified individuals that could assist Mr. Fleming.
Given the fact that the DA's office has publicly admitted that the Trustees are also under criminal investigation, it seems as though the 4 Fleming era trustees should be conflicted out of voting on this request as they potentially stand to benefit from a decision to pay for Fleming's attorney's fees.
The question is: Is Fleming more or less likely to spill the beans on the Trustees if they agree to pay for his high priced legal team? One can only speculate on the pressure Fleming is exerting on the 4 old guard trustees behind the scenes.