Judge Weighs Capizzi Recusal in Baugh Case

A Superior Court judge will review a motion to remove Orange County Dist. Atty. Michael R. Capizzi from prosecuting the campaign fraud case against Assemblyman Scott Baugh (R-Huntington Beach).

Judge Daniel J. Didier ruled there was enough merit to defense arguments to reconsider a recusal motion, according to May 1 court documents. A hearing is scheduled for July 18.

Didier’s decision follows a defense appeal of a Municipal Court judge’s ruling in April to deny the recusal motion. In April, Judge William L. Evans rejected defense arguments that Capizzi should be disqualified because he was “out to get” Baugh to enhance his political standing.

Baugh, who faces five felony charges of perjury and 13 misdemeanor violations of California election law, characterized the latest judicial decision as a victory in his long battle with Capizzi.

“This is a step in the right direction to get some objective party to evaluate these charges,” Baugh said. “I’m grateful that the judge gave a thorough analysis to our motion and found what we’ve been saying all along--that Mike Capizzi has been politically motivated in the prosecution of this case.”

But the district attorney’s office said it’s still highly unlikely the recusal motion will be granted.

Baugh’s attorneys contend that prosecutors are guilty of “outrageous conduct.”

But prosecutors deny the accusations and say they are meant to divert attention from the assemblyman’s alleged misconduct.

Baugh faces felony and misdemeanor charges of campaign finance fraud. Most of the charges allege that the legislator misreported campaign loans and contributions during the 1995 special election to replace Cypress Republican Doris Allen, who was recalled.