Judge unseals transcripts in Public Guardian case

Raul Hernandez rhernandez@VenturaCountyStar.com

Despite arguments by a defense attorney, a Ventura County judge Thursday unsealed a Grand Jury transcript of testimony about alleged thefts and corruption in the county Public Guardian's Office.

Last month, the transcript was temporarily sealed by Judge Rebecca Riley after Attorney Mark Pachowicz said that his client, Juanita Canley, also known as Juanita Browne, would be denied the right to a fair trial.

Browne, who says she is innocent, was indicted by the Ventura County Criminal Grand Jury in November on 22 counts of theft, public officer crime, receipt of stolen property and bribery.

Riley told lawyers to submit legal papers stating their position on the matter.

Pachowicz told Ventura County Superior Court Judge Bruce Clark that the documents should remain sealed to protect his client's right to get a fair trial. The Ventura County Star, represented by attorney Ron Bamieh, told the judge there is no legal ground for keeping the transcripts out of the public eye.

"Those transcripts should be unsealed," Bamieh told the judge.

The Star has covered the problems in the office.

In a two-page prepared statement to the news media, Pachowicz said the transcripts will prove that his client was the one who started the investigation of the thefts by Ester Torres Anaya, a former deputy public guardian.

Anaya pleaded guilty early last year to more than 50 counts of theft, embezzlement and tax fraud. Anaya was sent to prison for three years recently.

"The transcripts unsealed today prove our client initiated this entire investigation," Pachowicz stated.

Pachowicz said his client's involvement in this matter can be found within the 1,781 pages of the transcript.

He says that district attorney investigator Mark Volpei reviewed Browne's bank records and can find no evidence there or anywhere else that Browne received "half of the money stolen" by Torres.

"In addition, Mr. Dan Dunderman of the California Franchise Tax Board has reviewed some - most of Browne's bank records for the relevant time period. He was not able to locate any of that money."

Pachowicz stated that his client looks forward to her day in court to prove she is innocent.

Clark also said Thursday that the exhibits presented to the Grand Jury would be released later. "You get to review the exhibits," Clark told Pachowicz.

Clark gave Pachowicz an opportunity to sift through the exhibits before he releases them to the public.

This will give Pachowicz time to pluck out any personal information such as Social Security numbers or financial account information from the exhibits.

"There is like 800 pages of exhibits, apparently," Bamieh said after the judge's decision. "Mr. Pachowicz wants to manually go through it first to identify those areas to make sure his client is protected."

Prosecutor Shirley Hayton told the judge that the District Attorney's Office wasn't going to object to the transcripts remaining sealed.

County Counsel Noel Klebaum had said his office is not opposing Pachowicz's effort to keep the transcript secret pending trial.

The transcript reflects the testimony that dozens of witnesses gave to the Grand Jury after an 18-month investigation of the Guardian's Office. The public agency acts as a conservator for disabled individuals when their families cannot.

In addition to the charges against Browne, the Grand Jury indicted Hiep Quang Le, a county custodian she allegedly hired, on one felony count.

County Treasurer-Tax Collector Larry Matheney has admitted the agency lacked fiscal and management control