Transcripts of secret Carona tapes released

Showing their hand for the first time, federal prosecutors today unveiled portions of secretly recorded conversations between former Orange County Sheriff Michael S. Carona and a former assistant sheriff who is cooperating in a corruption investigation.

The transcripts are full of colorful language between the two men and, according to prosecutors, show Carona and Don Haidl trying to get their stories straight about the exchange of unreported cash and gifts, even if it meant lying under oath before a federal grand jury.

The government made the partial transcripts public in an attachment to a court motion that responds to the defense's attempt to get the tapes tossed out as evidence in the case against Carona, who is accused of using the power of his office to enrich himself and others, including his wife and mistress.

Carona and his defense team could not immediately be reached.

Carona's attorneys have maintained that it was improper and unethical for the government to send a representative to meet with Carona because Carona was represented by a lawyer when the conversations were recorded. They cite ethical guidelines that prohibit California lawyers from contacting parties who have attorneys, even through third parties.

In their opposition motion today, federal prosecutors argued that many appellate courts have held that such contact is appropriate, and that because Carona was engaged in an attempt to obstruct justice he cannot claim to be represented by counsel.

Carona's lawyer, H. Dean Steward, "as an officer of the court, could not have known about the ongoing obstruction of justice," according to the motion.

Haidl has emerged as a key witness in the case. He has pleaded guilty to filing a false income tax return and admitted to prosecutors that he made regular payments to Carona and the sheriff's then-mistress, attorney Debra Hoffman.

The indictment also alleges that Haidl gave Carona a boat and Carona's wife, Deborah, a $1,500 St. John suit.

Haidl secretly recorded three conversations with Carona in 2007. The transcripts released today capture exchanges during the third and final meeting in August.

On the tapes, prosecutors say, when discussing the cash payments, Carona tells Haidl that "unless there was a pinhole in your ceiling that evening" that he would falsely claim that he never got money from Haidl. "Pinhole," prosecutors say, referred to a hidden camera.

"I'm OK getting up on the stand and saying that," Haidl tells Carona, according to the transcripts.

"It could be either one of us getting up on the stand and saying that," Carona responds.

Later in the conversation, prosecutors say, Haidl and Carona are discussing whether the government would be able to trace the cash payments. At that point, according to the transcripts, Haidl tells Carona that "as long as our stories are straight, I'm OK, as long as I know there's no trail anywhere."

"No trail anywhere," Carona responds.

"OK," Haidl says.

"Period," Carona responds.

"OK," Haidl repeats.

"Period. Period," Carona says. "In fact, not even close to being a trail."

Laurie Levenson, a former federal prosecutor now teaching at Loyola Law School, said she believed Carona's statements in the recorded conversation were damaging.

"In many a case I've seen transcripts looking like this being a solid basis for an obstruction conviction. I certainly understand why the defense wants to suppress it," she said.

Levenson also said she believed the defense would have a hard time persuading a judge to exclude the recordings from Carona's trial.