Posted on 11/19/2004 5:26:16 PM PST by NormsRevenge
SACRAMENTO (AP) - A federal corruption probe swirling around state Sen. Don Perata won't prevent him from becoming the Senate's leader next month, his former rival for the position said Friday.
"The caucus voted on this August 24. Sen. Perata is the pro tem. That election will stand on December 6, period," said Sen. Martha Escutia, D-Norwalk. Perata, a fellow Democrat from Oakland, defeated Escutia, 13-11, in that August vote to become the Democrats' designee to replace Senate President Pro Tem John Burton, a San Francisco Democrat who is being forced from office by term limits.
The Senate leadership post is regarded as the second most powerful position in state government, behind the governor.
This week, several newspapers reported that the FBI and a federal grand jury were trying to determine if Perata received payoffs through one of his former aides, now a powerful Oakland lobbyist.
The East Bay Express, a weekly newspaper that covers Oakland and the surrounding area, obtained a copy of a grand jury subpoena. Among other things, the subpoena sought records of payments to Perata, his son, daughter, son-in-law, one of his college friends and Lily Hu, a former Perata aide who is now a lobbyist at Oakland City Hall.
The Express quoted unidentified sources as saying investigators are looking for evidence of payoffs made by companies or individuals to Perata or an intermediary in an attempt to get a contract or project approved by Oakland.
Perata's attorney, former federal prosecutor George O'Connell, denied Friday that Perata had done anything wrong and suggested there were political motives behind the timing of leaks to the press about the investigation.
"Sen. Perata has never tied anything he did to the receipt of money," O'Connell said. "I can state that categorically and unequivocally."
He sent a letter to Kevin Ryan, the U.S. attorney in San Francisco, demanding an investigation to determine if law enforcement officers were behind the leaks.
Luke Macaulay, a spokesman for the U.S. attorney's office, said he had no comment. The FBI did not return phone calls seeking reaction.
An attorney for Hu, Doron Weinberg, predicted the investigation would show there were "no improprieties" in Hu's work.
The Oakland Tribune, also quoting unidentified sources, reported Friday that Perata would "almost certainly" face a challenge by Escutia or another senator when lawmakers meet Dec. 6 to formally elect their leaders for the 2005 session.
But Escutia said she wouldn't try to block Perata's election and wasn't aware of anyone else who would. She also said she doubted that a continuing probe would weaken Perata's ability to deal with Republican Gov. Arnold Schwarzenegger.
"Sen. Perata has the support of his caucus," she said. "That is where his strength comes from. It's as simple as that."
She said the investigation could turn out to be a "fishing expedition," but said she couldn't predict if the caucus would demand that Perata give up his leadership post if he's indicted.
Several other Democratic senators or senators-elect also have expressed support for Perata in the last few days. Sen. Jackie Speier, D-Hillsborough, likened the investigation to an IRS audit. "Do we assume that everyone who is audited is cheating on their taxes? No," she said.
Democrats hold 25 of the Senate's 40 seats and can determine who becomes president pro tem.
Perata isn't the first California legislative leader to face a corruption investigation. San Francisco Democrat Willie Brown was reportedly the target of an investigation in the late 1980s and early 1990s when he was Assembly speaker.
Brown was never charged with a crime, but five other legislators or ex-legislators, including the Assembly Republican leader at the time, were convicted of or plead guilty to corruption charges and served prison terms.
bflr
Wouldn't suprise me a bit if the allegations were true.
Bump for Justice!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.