Judge tosses out Steel civil case

Deepa Bharath

SANTA ANA -- A Superior Court judge on Wednesday threw out a civil

lawsuit brought against Costa Mesa Councilman Chris Steel by local

resident Michael Szkaradek.

“Falsely.”

One word in the California Elections Code prompted Judge Thierry

Patrick Colaw to rule favorably on a motion to dismiss the case made by

defense attorney Ron Cordova on Tuesday afternoon, minutes after

Szkaradek had presented his witnesses and evidence.

Section 18203 of the code states that an offense against the elective

franchise is committed only if the candidate submitting the nomination

papers in question does so “knowing that it or any part of it has been

made falsely.”

Szkaradek’s lawsuit alleged Steel committed felonies against the

elective franchise by allowing resident Richard Noack to sign for his

wife, Marilyn, on 2000 election nomination papers and because Steel

himself signed for a legally blind woman in 1998. If he had been found

liable in the civil case, Steel would have had to give up his council

seat.

Cordova argued that Szkaradek did not have sufficient evidence to

prove that Steel had obtained those signatures “falsely” or with

fraudulent intent.

Colaw agreed with Cordova’s argument.

“I find that Mr. Steel did not falsely make this document,” he said.

“The evidence is insufficient to show [Steel] has committed an offense

against the elective franchise.”

Steel, who was sitting before the judge with his attorney as the

verdict was read aloud, reacted with a broad smile and a congratulatory

handshake for his attorney. As always, he wore his City Council pin on

the lapel of his blazer.

At least a half-dozen Steel supporters sitting in the gallery clapped

softly and congratulated Steel for the victory when he came out of the

court room.

Steel said he felt “vindicated.”

“I feel very good about it,” he said. “This is all very emotional for

me.”

He declined further comment because of a pending criminal case brought

by the Orange County district attorney charging him with two counts of

perjury. He is scheduled to be arraigned on those felony charges July 31.

Szkaradek said he was disappointed with the judge’s decision.

“I don’t understand what has not been proved,” he said. “I thought I

had enough [evidence] in there.”

Szkaradek has 10 days to appeal the Wednesday decision, but said he

will not go through that process.

“The odds [of winning] there are 10% to 15%,” he said. “It’s not worth

it.”

But, he added, Steel will not win the upcoming criminal trial.

“I think they’re going to toast him,” Szkaradek said. “They don’t have

problems getting the evidence, problems I ran into when I was working

this case. I didn’t have easy access to everything.”

Cordova said he and his client are now moving toward the criminal

trial with increased confidence.

“I believe justice has prevailed,” he said. “I believe my client is

not guilty.”

Cordova added that the “bar will be set much higher” for the

prosecution in the criminal trial in terms of evidence.

Steel’s supporters said they are happy for the councilman.

“I’m absolutely excited and ecstatic,” said Janice Davidson,

Chairwoman of Citizens for the Improvement of Costa Mesa, a group that

has collected money to assist with Steel’s legal defense. “This shouldn’t

have happened in the first place.”

Resident Bill Perkins said he believes Steel did not falsify

nomination papers.

“I don’t think he’s guilty,” he said. “This grudge match has gone too

far.”

* Deepa Bharath covers cops and courts. She may be reached at (949)

574-4226 or by e-mail ato7 [email protected] .