D.A. probe far from over in Garofalo case

Deepa Bharath

The Orange County District Attorney’s yearlong investigation into

Councilman Dave Garofalo is nowhere near a conclusion, despite the recent

release of court documents that investigators believed disclosed

substantial evidence against the councilman, officials said.

The district attorney is investigating allegations that Garofalo

repeatedly voted on issues that affected the flow of advertising revenue

to his publishing business, according to court papers released last week.

The papers, however, are nothing more than an indicator that shows a

probe is ongoing, said Tori Richards, spokeswoman for the district

attorney.

“It’s all part of the court process,” she said. “We will continue to

investigate the issue and decide whether to file charges.” Richards

declined further comment.

On July 18, the district attorney’s office released court documents

filed by investigators that alleged the councilman failed to report the

source of more than $25,000 in business income.

The papers also state that Garofalo voted 200 times between 1997 and

2000 on issues that affected businesses that advertise in the Local News,

the annual Huntington Beach Visitors Guide as well as the city’s Chamber

of Commerce Business Directory -- all publications owned by the

councilman.

Search warrants were issued in April based on these papers, which were

submitted in court to facilitate a continuing probe against Garofalo that

began in June 2000.

Fountain Valley businessman and Garofalo supporter Jim Righeimer, who

had his own encounter with the district attorney when he testified in

favor of former Huntington Beach Assemblyman Scott Baugh who was charged

with falsifying campaign finance papers and later acquitted, said the

district attorney’s so-called key evidence in Garofalo’s case is a tad

disappointing.

“The great smoking gun here is supposed to be this voicemail message

of Garofalo talking about the law,” he said. “That, to me, seems weak.”

Righeimer said the Garofalo issue will eventually discourage the local

pharmacist, grocer or doctor from running for City Council.

“[Garofalo] was put in a situation where he was asked to choose

between his business and being a councilman,” Righeimer said. “It’s like

this great tragedy.”

Neither Garofalo nor his attorney could be reached for comment, but

the councilman has consistently denied wrongdoing and has said he

followed the city attorney’s advice on his votes and also that he sold

his publishing interests more than two years ago to local businessman Ed

Laird.

The papers quote Garofalo declaring during the June 19, 2000 council meeting that he had “completely divested myself of any responsibilities

of any of the publishing businesses I built over the past decade.”

“That includes any administrative issues including but not limited to

publishing, editing, designing, graphics, etcetera,” he said, according

to the papers.

His words sharply contradict statements made by Pat Rogers, marketing

director for the Huntington Beach Mall, investigators said.

Rogers told an investigator that on Nov. 27, 2000, she received a

phone call from Garofalo asking to pay the balance of $500 the mall owed

him for advertising in the Visitor’s Guide. Garofalo reportedly left a

voicemail message for Rogers informing her that he expected the Fair

Political Practices Commission to clear him of “everything” in the next

two months.

“The bottom line is . . . as soon as you pay that bill . . . a year

would go by from the date of that payment to . . . no conflict,” he

reportedly said in his voice mail message.

Others in the community are just eager to find out how the

investigation will end, said former councilman Dave Sullivan.

“A thorough investigation will hopefully provide answers to the

questions that have been raised,” he said. “I’m sure the investigation

will resolve the issue one way or another.”

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