CAPISTRANO UNIFIED SCHOOL DISTRICT SUPERINTENDENT AND ASSISTANT INDICTED FOR CREATING “ENEMIES LIST” AND MISUSING SCHOOL FUNDS

OCDASeal

Orange County District Attorney
Press Release


Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
May 24, 2007

Contact:

Susan Kang Schroeder
Public Affairs Counsel
Office: 714-347-8408
Cell: 714-292-2718

Farrah Emami
Spokersperson 
Office: 714-347-8405
Cell: 714-323-4486

 

CAPISTRANO UNIFIED SCHOOL DISTRICT SUPERINTENDENT AND ASSISTANT INDICTED
FOR CREATING
“ENEMIES LIST” AND
MISUSING SCHOOL FUNDS
*Highest ranking school officials charged in Orange County’s history

 

SANTA ANA – An indictment was unsealed this morning against the former Superintendent and Assistant Superintendent of the Capistrano Unified School District (CUSD) for using public and school funds to create an “enemies list” of citizens supporting a 2005 recall election against the School District Board of Trustees.  

 

Former CUSD Superintendent James Fleming, 64, is charged with three felony counts for the misappropriation of public funds, the use of school funds to urge support or defeat of a ballot measure, and conspiracy to commit an act injurious to the public. The court released the defendant on his own recognizance. He faces a maximum of four years if convicted of all charges. He is scheduled to be arraigned June 15, 2007 at 9:00 a.m. in Department C-5, Central Justice Center, Santa Ana.

 

Assistant Superintendent of Administrative Services Susan McGill, 64, is charged with one felony count of conspiracy to commit an act injurious to the public and one felony count of perjury. A warrant was issued and held until June 15, 2007 in the amount of $20,000. She faces a maximum sentence of five years in prison if convicted.  Senior Deputy District Attorney Dan Hess of the Special Prosecutions Unit is prosecuting this case.  

 

“There are persons who hold certain respected positions of trust in our community. We entrust our…children’s future with educators,” said Orange County District Attorney Tony Rackauckas. “It is a shame that resources were shifted away from students to create an unlawful list of political ‘enemies’.”

 

Background

The CUSD administers public education in seven cities and five unincorporated communities in South Orange County for students in ki