Judge: Bell Prosecution Political, Maybe Unlawful
LOS ANGELES (CBS) — A Superior Court judge challenged the state Attorney General's Office on Thursday, questioning whether a lawsuit accusing Bell administrators of looting the city through lofty salaries was based not on the law, but on politics.
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Two days after Attorney General Jerry Brown was elected California governor, Los Angeles Superior Court Judge Ralph W. Dau said parts of the highly publicized lawsuit have no basis in law.
In the midst of his campaign, Brown appeared in Los Angeles on Sept. 15 to announce his office was suing disgraced Bell City Manager Robert Rizzo and seven others for allegedly defrauding taxpayers.
But today, Dau ruled that portions of the suit alleging negligence and fraud will have to be revised if Brown's office hopes to proceed with them. The judge questioned whether the Attorney General's Office has the power to accomplish what it wishes with the lawsuit.
"You say they're (the defendants) looting the city and you can enforce it, but where is the case that says the attorney general can enforce it?" Dau asked from the bench. "The basis of your authority is nowhere in your memorandum. So I'm wondering, is this just a political lawsuit?"
The judge also said the efforts against Rizzo and the others may be better left to the criminal courts and the ballot box.
The Attorney General's Office maintains the action was brought on behalf of residents and taxpayers.
Dau ruled that portions of the suit alleging waste of public funds, conflict of interest and that the defendants put their interests ahead of the public can go forward.
Rizzo's lawyer, James W. Spertus, said the lawsuit will inevitably be dismissed because his client and the co-defendants have strong case authority on their side.
"This case is dead," Spertus said. "The complaint is not going to proceed."
The lawsuit accuses Rizzo and the other current and former Bell officials of awarding themselves exorbitant salaries. The Attorney General's Office wants Rizzo and others to return hundreds of thousands of dollars they were paid to run the small, working-class city.
The lawsuit also calls for the reduction of pension benefits for the officials.
Criminally charged along with Rizzo, 56, are former Assistant City Manager Angela Spaccia, 52; Mayor Oscar Hernandez, 63; City Council members Teresa Jacobo, 52, and George Mirabal, 60, and former council members Luis Artiga, 49, George Cole, 60, and Victor Bello, 51.
The eight were arrested Sept. 21 in connection with charges of misappropriation of public funds.
Rizzo also is charged with conflict of interest and falsification of public records by an official custodian.
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