Ex-Sen. Carpenter Misses Two Court Appearances

SACRAMENTO —  Former state Sen. Paul B. Carpenter, who faces a retrial on political corruption charges, has missed two federal court appearances because he was mountain-climbing in Costa Rica.

U.S. District Judge Edward J. Garcia has ordered the former legislator to appear Dec. 11, when the court is expected to set bail and schedule a trial date.

Carpenter was convicted in May, 1991, on four counts of racketeering, extortion and conspiracy after taking $20,000 from an undercover FBI agent during a successful race for a seat on the State Board of Equalization in 1986. After his conviction, Carpenter was sentenced to 12 years in prison and forced to step down from public office.

But last year, the U.S. 9th Circuit Court of Appeals reversed the conviction, saying that the jury had not been properly instructed. Carpenter has remained free pending the outcome of appeals and while awaiting a second trial on the federal charges.

Once his conviction was struck down, Carpenter was no longer required to report regularly to the federal court system. He apparently missed the two court-ordered appearances because of a mix-up over his legal representation. The firm that handled his appeals is no longer representing him, and there was a delay in notifying him that he was required to appear.

Assistant U.S. Atty. Christopher Nuechterlein said he has no reason to believe that Carpenter is fleeing to avoid prosecution but noted that the failure to appear could become a factor in determining bail.