Thursday, February 15, 2007
Attorneys don't know of 'capping' list
FRANK MICKADEIT
Register columnist
fmickadeit@ocregister.com Part II of the bail bonds scheme attorney Joe Cavallo is charged in.
Yesterday: Jail "tank workers" and "cold-callers" steered inmates to Xtreme Bail Bonds, which allegedly sent them to Cavallo. Prosecutors say Cavallo kicked back one-third of his retainer back to Xtreme. He has pleaded not guilty.
I'll never forget John Barnett the first time Cavallo appeared in court on his indictment. Barnett's normally ruddy face was even ruddier and he seemed barely in control of his anger as he told the press he believed the D.A.'s Office was targeting Cavallo because he was an aggressive defense attorney and not well-liked.
We didn't hear much about it after that, as Barnett's motion to challenge the D.A. on the grounds of selective prosecution went behind closed doors. But at my request Tuesday, a clerk in Judge Carla Singer's 10th-floor courtroom tore open the envelope that had sealed Barnett's motion and handed me a packet about three-quarters of an inch thick. I went to the empty jury box and, while Singer conducted pre-trials in other cases, I read at my leisure.
The most interesting part of Barnett's pleading were declarations from a P.I. in Tom Davis' agency who had set up a sting. Posing as the relative of an O.C. Jail inmate, the female investigator approached several bail bond agencies and asked to be referred to a defense attorney. As I said yesterday, bondsmen are not allowed to do this because it leads to conflicts of interest that work against defendants' rights.
The P.I. approached four bond agencies and in each case received the names of attorneys, 37 in all. At three firms, it was just a name or two. At one, she was given a list of 32 attorneys. All this, Barnett said in the declaration, proves illegal "attorney capping" is rampant in O.C. and the D.A. usually ignores it.
The D.A. argued the P.I. reports don't show that attorneys paid kickbacks to the bondsmen, or even knew about referrals. So the cases, the D.A, said, are different from Cavallo's. Singer essentially agreed and denied the motion. Where we stand today is: Cavallo faces a trial in July and the two bondsmen who pleaded guilty Friday might testify.
Barnett told me yesterday his intent was not to imply the 37 attorneys did anything wrong. (That's one of the reasons he says he wanted the proceedings closed and objected to his motion being unsealed.) He simply wanted to prove that the D.A. never investigates lawyers for getting referrals – unless you are Joe Cavallo. Cavallo, he says, should have never even "come to the attention of law enforcement." If Singer would have allowed him to pursue that argument, he might have been able to prove the alleged kickback part of the scheme would have never been investigated and get the whole case dismissed. It hasn't been decided whether to appeal Singer's denial.
Back to the four bail bond companies and 37 attorneys. Erika and I called as many as we could yesterday. The list of 32 came from an employee at Glenda's Bail Bonds, the P.I. said. I called owner Glenda Stroobant, who was mortified. She's one of the strongest advocates of reforming what can be a seedy little corner of our justice system. It seems the list was derived from an online legal directory she also owns. She said her worker denied giving out the list but that if her investigation proves otherwise, "I'm going to have to take action."
Of the lawyers on the list we got to, all said they didn't realize they were on it. The best known is former O.J. prosecutor Chris Darden, who told me he's used Glenda's but never asked to be put on a list and has no financial deal with her. "I basically represent poor people, so I ain't giving up a third – I'm getting a third," he joked. I think that list is probably an honest screw-up.
As for the other three firms, typical was what the P.I. said happened at Respect Bail Bonds. A male employee wrote the names and phone numbers of two attorneys on the back of one of his business cards and gave it to the undercover sleuth. Bruce Bridgman, one of the attorneys named, told me, "I have nothing to say. I have never capped any cases. The fact some bondsman may have written my name on a card is news to me." Respect didn't return my call.
So does the D.A.'s Office investigate other capping cases? What did it do with the evidence Barnett presented? Following her office's policy of not discussing ongoing investigations, D.A. spokeswoman Susan Schroeder said, "We're taking a look at it, but I can't go into any details."
Contact the writer: Erika Torres contributed. Mickadeit writes Mon.-Fri. Contact him at 714-796-4994 or fmickadeit@ocregister.com.
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