People vs Fleming
Quotes By Catagory

Draper spins herself sleezy, under oath, to justify secret meetings

Jul 08, 2007
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Marlene Draper, The Los Angeles Times "I wouldn't say it was secret. I would say it was supposed to be confidential."

This is Draper's testimony before the grand jury as she tried to defend the board of trustees' illegal, secret behavior. Since "secret" and "confidential" are synonymous, she offers a difference without a distinction. Now that really smells.

Former Trustee John Casabianca changes his testimony and joins Marlene Draper in dishing out district doublespeak

Jul 08, 2007
Seema Mehta, The Los Angeles Times "Former Trustee John Casabianca initially testified that the timing of the settlement, which occurred as district critics were gathering recall signatures, also played a role. But after consulting his attorney, Casabianca said the board kept the settlement confidential on the advice of its lawyer, and not because of the recall attempt."

So, first, Casabianca swears the timing of the settlement was about the recall and, then, he swears it wasn't. Plausible? Hardly. But OK under the advice of CUSD's attorneys! Guess that's why we taxpayers pay those legal beagles the big bucks.

Draper spins herself deeper and deeper to justify secret meetings

Jul 08, 2007
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Michael Lubinski, The Los Angeles Times "How did that go into the superintendent's evaluation? Were you going to name it after him?"

Deputy District Attorney Michael Lubinski repeatedly asked how issues such as the road-naming were relevant to Superintendent Fleming's performance evaluation (the justification used by Fleming and the Board for conducting closed-door meetings to discuss virtually every aspect of the district's business). Trustee Marlene Draper told prosecutors that the board needed to consider a broad swath of topics to evaluate Fleming.

Draper reveals yet another excuse for not discussing the peoples' business in public

Jul 08, 2007
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Seema Mehta, The Los Angeles Times "During the meeting, the board agreed to settle a potential lawsuit with the general contractor for the district's new $35-million headquarters. The district paid the firm an extra $3.8 million and signed the settlement during a closed-session meeting in August. Although potential litigation legally can be discussed during closed session, prosecutors questioned why once the matter was settled it was not made public. Lubinski asked why the district was trying to "hide" the cost overrun and deemed the superintendent evaluation meeting "a secret board meeting. Draper said the board discussed in closed session that the payment should not be made public because it could make it easier for other district contractors to drive up prices."

Thanks for the explanation, Marlene. At least now we can all rest easy knowing that the purpose of your secret wasn't to conceal more of your financial mismanagement.

Fleming refuses to testify, takes the 5th; McGill testifies, is charged with perjury

Jul 08, 2007
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Seema Mehta, The Los Angeles Times "Fleming refused to answer most of the prosecutors' questions on the grounds that he could incriminate himself, aside from a handful of basic questions, such as his wife's name, Lilly. McGill did testify, which led to the perjury charge."

Susan McGill denies creating enemies list, but her secretary Bobbie Thacker reveals McGill's involvement

Jul 08, 2007
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Seema Mehta, The Los Angeles Times "McGill and former district spokesman David Smollar visited the county registrar of voters and were illegally allowed to look at the recall petitions. McGill testified that she never created a list, but Thacker said that McGill gave her a list of those who gathered signatures and had her consult confidential pupil data to look up addresses, the names and schools of their children and other information."

Civil charges planned against Capistrano Unified officials

Jul 08, 2007
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Seema Mehta, The Los Angeles Times "Orange County prosecutors plan to file a civil case against Capistrano Unified School District officials alleging that trustees illegally conducted public business in secret, including approving millions of dollars in construction cost overruns at the new district headquarters, according to grand jury transcripts unsealed Friday. The looming complaint alleging that district officials violated the state's open-meetings law is the latest controversy in the beleaguered south Orange County school district, which in May saw its superintendent and another top official indicted. Susan Schroeder, a spokeswoman for the Orange County district attorney's office, confirmed that the civil case would be filed, but declined comment on details."

Recall Committee calls for Fleming-era trustees to resign or face recall

Jun 01, 2007
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Tom Russell, The Trabuco Canyon News “Today’s indictments are also an indictment of the four remaining Fleming-era Trustees. For years, they chose to ignore Fleming’s wrongdoings. We call upon Trustees Marlene Draper, Shelia Benecke, Duane Stiff and Mike Darnold to resign immediately. If they fail to do so, we will be left with no choice but to commence a recall campaign to remove them from office.”

Russell is a CUSD parent and spokesperson for the CUSD Recall Committee and the Committee to Reform CUSD.

Additional indictments against the CUSD leadership may still be issued

Jun 01, 2007
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Tony Rackauckus, The Trabuco Canyon News “We're not finished yet. We still have work to do here.”

Rackauckus is the Orange County District Attorney.

Grand jury found no legitimate educational purpose for enemies lists

Jun 01, 2007
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Tony Rackauckus, The Ladera Post “The grand jury found no legitimate educational purpose for any of the multiple versions of the enemies lists that were created.”

Rackauckus is the Orange County District Attorney.

Resources of cash-strapped district shifted from students to unlawful purposes

Jun 01, 2007
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Tony Rackauckus, The Trabuco Canyon News “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.' ”

Rackauckus is the Orange County District Attorney.

Fleming trustees failed to exercise oversight of Fleming, failed to protect CUSD families

Jun 01, 2007
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Tony Beall, Trabuco Canyon News “No family should have to fear their government leaders will retaliate against their children. Those who created the lists – and the school board members who failed to exercise proper oversight of Fleming – must be held accountable before this school district can heal and move forward.”

Beall is the mayor of the City of Rancho Santa Margarita and a member of the CUSD Recall Committee.

RSM mayor says Trustees were informed of serious wrongdoing, but chose to ignore evidence and participate in cover up

May 26, 2007
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Tony Beall, The Orange County Register “For more than two years, the people have been bringing to their elected trustees compelling evidence of wrongdoing. They chose and continue to choose to ignore it. They’ve crossed the line from being just asleep at the wheel to being complicit in covering up this wrongdoing.”

Beall is the mayor of the City of Rancho Santa Margarita and a member of the CUSD Recall Committee.

Stiff rebuffs calls for his resignation, taunts reformers and reveals his arrogant, Fleming-era roots

May 26, 2007
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Duane Stiff, The Orange County Register “You know, I have a year and a half to go. If you don’t want me on here, go start another recall."

We have a better idea. Do the honorable thing - resign now and save everyone, including the children, the trouble. But given Stiff's out-of-touch track record, his repeated failure to act in the interests of constituents and his willingness to join Benecke, Draper and Darnold in cover ups, it's surprising he woke up long enough to suggest the next best thing. Stiff is one of the four Fleming-era holdover trustees.

Fleming speaks "from the heart" by "standing tall" for "the children" and playing the denial game to the bitter end

May 26, 2007
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James Fleming, The Orange County Register “I want you to know, unequivocally, from my heart, that I did not do these things. I stand by my decisions and recommendations; I would not change my actions in order to avoid my present situation ... My entire 43-year professional career has been devoted to serving the public and specifically public school children; this goes against everything I believe in.”

Fleming is the former superintendent of the Capistrano Unified School District.

Criminal defense attorney helps Fleming play the blame game

May 26, 2007
Robert Brower, The Orange County Register “In my client’s mind, the D.A. is a political animal: He’s hearing a lot of complaints down there … and there is political capital to be made.”

No Fleming defense would be complete without a healthy dose of the classic Fleming blame game. Brower is former superintendent James Fleming's criminal defense attorney. Last fall, the Fleming-era trustees approved the district's payment of Fleming's criminal attorney's fees at nearly $400 per hour. Last March, the ABC reform trustees successfully brought a motion to reverse that decision.

Fleming dodges real issues in pathetic attempt to take the moral high ground

May 26, 2007
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James Fleming, The Orange County Register “I believe they were the ethical and moral decisions to make and I could not ignore my responsibility.”

Fleming lists achievements during his tenure, such as building campuses and winning National Blue Ribbons for high-achieving schools, and says a district-commissioned [Judge Waldrip] investigation found no laws had been broken. That report criticized Fleming for actions that were “ill-advised and imprudent.” Hey, earth to Jimbo! Those decisions may have ticked people off, but those aren't the decisions you're being prosecuted for. Just think for a minute. Could it be the years of lies, deceit, retaliation, defamation and other abuses that have finally caught up with you? It was not your "responsibility" to cross every ethical and legal line possible. And as for the district-commissioned Waldrip report, it was only a matter of time before this made-to-order whitewash would be raised as a defense. Fortunately, the District Attorney looked into the same matters, and guess what? He saw at things a little differently.

DA charges Fleming with three felonies that carry penalties of up to four years in prison

May 26, 2007
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Sam Miller, The Orange County Register "The Orange County District Attorney’s Office on Thursday unsealed three felony indictments against Fleming. If convicted on charges of misappropriating public funds, using school money for political purposes and conspiracy, he could face four years in state prison."

Miller is the South County education reporter for The Orange County Register.

DA charges McGill with two felonies that carry penalties of neary five years in prison

May 26, 2007
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Sam Miller, The Orange County Register "Retired Assistant Superintendent Susan McGill was indicted on charges of conspiracy and perjury. She faces nearly five years in prison if convicted."

Miller is the South County education reporter for The Orange County Register.

Fleming indictment is vindication for reformers, who are committed to finishing the job

May 25, 2007
Dana Parsons, The Los Angeles Times "You bet they feel vindicated. What they aren't feeling is charitable. You could say, in fact, they're just getting warmed up. The foes of former Capistrano Unified School District Supt. James Fleming — yes, the man had enemies — had reason to celebrate Thursday, if that's the right word. They had been loudly proclaiming in recent years that Fleming was running a corrupt administration, and now they've got county grand jury indictments against Fleming and his assistant superintendent to back them up."

Parsons is a columnist for The Los Angeles Times.

Fleming wrongdoings happened under Fleming-era trustees' watch

May 25, 2007
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Tony Beall, The Los Angeles Times "What we're talking about here is Fleming, and that is only the tip of the iceberg. All these issues that are now being brought to light are things we brought directly and personally to the trustees. Those trustees turned a blind eye, put their heads in the sand. And all of this happened on their watch."

Beall is the mayor of Rancho Santa Margarita and a recall leader.

RSM mayor recalls surreal experience as Fleming-era trustees praised Fleming on the very day the DA raided his offices

May 25, 2007
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Tony Beall, The Los Angeles Times "And what did they do when I sat down? I got called a liar 17 times by elected trustees. They stood up one by one praising him as the greatest superintendent they'd ever known. They gave him a standing ovation, and I felt like I was in 'The Twilight Zone.' "

Beall was the last public speaker to address the Board of Trustees and Fleming at Fleming's final board meeting last summer. Just hours before, district attorney's investigators raided Fleming's office and took computers and files. Beall urged the board not to let Fleming leave with a sweet retirement package. Beall asked the board to terminate Fleming and, in the short term, put him on administrative leave. Beall is the mayor of Rancho Santa Margarita and a recall leader.