CUSD Update
Editorial staff

Former CUSD superintendent James Fleming was indicted on Thurs., May 24, and charged with three felony counts. Also indicted was retired assistant superintendent Susan McGill, who was charged with conspiracy and perjury. If convicted, both could serve prison sentences, with Fleming getting up to four years and McGill up to four years, eight months.

The news surprised many residents who supported the failed 2005 effort to recall all seven CUSD trustees. A CUSD parent emailed the blog, “It’s taken so long, I thought Fleming had gotten away with everything.” Another wrote, “FINALLY!” and included a release of the online OC Register story breaking the news.

Charges against Fleming include misappropriation of public funds for his unlawful “enemies list” of CUSD parents supporting the recall. A second list of political enemies was created when former CUSD employee David Smollar and McGill viewed recall petitions at the Registrar of Voters and made note of signature gatherers. The perjury charge against McGill stems from her denial to the grand jury of a second list.

Fleming hired attorney Ronald Brower, who referred to the district’s independent investigation conducted by retired judge Stuart Waldrip and funded by CUSD taxpayers. Waldrip’s report – described as a whitewash by recall supporters – found no criminal wrongdoing. Fleming claimed he needed the list of parents (the “enemies list”) because he thought they had hacked into the district’s computer. Orange County District Attorney Tony Rackauckas on Thursday said the prosecution will contradict Fleming’s claim.

Rackauckas said there may be more to come from the grand jury. Allegations include conflicts of interest, violations of open meetings laws and the use of taxpayer funds to thwart a recall effort and interfere with an election.

A supporter of the 2005 recall commented, “I’m hanging on every word from the D.A. and hoping for more indictments. If anyone is still supporting Fleming and his loyalist trustees, it’s beyond comprehension.”

If the D.A. doesn’t finish the job, it will be up to CUSD voters in November 2008. Four remaining pro-Fleming trustees – Marlene Draper, Sheila Benecke, Mike Darnold and Duane Stiff – will be up for reelection.