Fleming Asks Taxpayers to Fund His Criminal Defense
Calls increase for accountability and resignations of Fleming-era trustees

The CUSD Recall Committee has learned that James Fleming, the indicted former superintendent of the Capistrano Unified School District, has submitted a formal request to the school district asking that taxpayers pay for his criminal defense.

As part of the ongoing criminal investigation of the CUSD leaders, District Attorney Tony Rackauckas recently announced the indictment of former Superintendent James Fleming on three felony counts. If convicted, Fleming could serve up to four years in prison.

Former Assistant Superintendent Susan McGill was charged with two felonies and faces up to five years in prison.

The indictments relate to their creation of multiple versions of political “enemies” lists – lists that included the names of many children.

When the indictments were announced, Rackauckas stated, “We are bombarded with complaints from educators and parents that our schools are strapped for cash and children have to do with less. It’s a shame that resources were shifted away from students to create an unlawful list of political ‘enemies.’”

The CUSD Recall Committee has learned that Fleming submitted his formal request in a letter addressed to Suzette Lovely, acting superintendent at CUSD. Interestingly, grand jury testimony from a CUSD staff member – which was made public last week – implicates Ms. Lovely in helping Fleming create the enemies lists.

[A copy of Fleming’s request that taxpayer’s pay for his criminal defense is included on this week’s blog.] Click here to see it.

Elected officials across south Orange County reacted to the latest developments at the beleaguered school district.

CUSD Recall Committee spokesperson Thomas Russell, “The CUSD Trustees should not ask the taxpayers to spend one penny on a criminal lawyer to defend Fleming – he’s now been indicted for multiple felonies. He should be held accountable and should pay for his own criminal defense – just like anybody else.”

The CUSD Recall Committee is the organization that led south Orange County residents in the unprecedented campaign to recall all seven elected Trustees of the Capistrano Unified School District. More than 177,000 signatures were obtained from south Orange County residents calling for the removal of all seven CUSD Trustees. On July 2, 2007, a second recall campaign commenced against the four trustees who served with then-superintendent Fleming (Marlene Draper, Sheila Benecke, Duane Stiff and Mike Darnold). Both campaigns focus upon the serious financial mismanagement and corruption at CUSD.