Capistrano School District Update, June 22
Editorial staff

At an arraignment, the judge reads charges, and defendants enter a plea.

Community members expected former CUSD officials James Fleming and Susan McGill to respond at their June 15 arraignment by entering pleas – guilty, not guilty or no contest – to felony charges. Instead, they have until July 13 while their attorneys review recently unsealed grand jury findings.

Isn’t it interesting Fleming had earlier used a CUSD email distribution list to tell everyone he was innocent, but he couldn’t state the words “not guilty” on June 15? With his attorney fees mounting by the minute, what does Fleming have to gain by delaying his response?

Buying time would enable Fleming to plea-bargain – offer his knowledge of crimes and implicate others. For example, would the D.A. be interested in learning why the school district paid $50 million for a piece of property the owner-developer couldn’t give away? Would the D.A. like to hear about the real estate deal for the new administration center? Is the D.A. interested in problems regarding the $140-million high school next to a dump?

During criminal trials, those accused sometimes resort to the stupidity defense. Fleming could claim he was kept in the dark by his subordinates. His email claim of innocence conflicts with his assistants’ visit to the Registrar of Voters to compile a list of enemies unless Fleming says they misled him. After all, someone earlier convinced him a group of crazed parents were hacking into the district’s computer system.

As another point of view, one person following the case commented, “Fleming needs to study grand jury findings so he’ll know how to lie.” While he might spin his own web, the district has 4,750 employees, and Fleming is out of power. Prior to his resignation in August 2006, his influence was chilling. McGill risked her 25 years of CUSD service and promotions to defend the Flemingdom. She’s now charged with perjury.

Perhaps Fleming bought time to see if other CUSD administrators and/or trustees will be indicted. District Attorney Tony Rackauckas said on May 24 his office still has work to do. Last August, deputies from his office raided CUSD’s administrative building and seized computers and files. Despite taking its time, the Orange County D.A. has a solid conviction rate.

After taking the Fifth Amendment when called by the grand jury, Fleming might need to talk his way out of jail. That’s a worrisome matter for developers, old-guard trustees and high-level administrators who were part of a powerful machine for many years.