Challengers Set to Take On Gates, Capizzi

SANTA ANA — Sheriff Brad Gates and Dist. Atty. Michael R. Capizzi, the two top law enforcement officials in Orange County, will apparently face serious political challenges if they decide to run for reelection in 1998.

Most of the interest at this early date appears to be in Capizzi’s seat, at least partially because he is exploring a run for state attorney general. But Capizzi also has come under fire from some GOP officials for his prosecutions of Republican officeholders, from Assemblyman Scott Baugh to Supervisors Roger R. Stanton and William G. Steiner.

Deputy Dist. Atty. Bryan F. Brown, one of Capizzi’s top lieutenants, already has launched a campaign for his boss’ seat, a county official said Tuesday. Superior Court Judge Anthony J. Rackauckas Jr., another former deputy district attorney, also said Tuesday that he is seriously contemplating a run for the office.

Brown, the former head of the department’s homicide detail who now works on a gang task force, officially organized a campaign committee and filed the required paperwork this month, said Phillip Palmer, deputy of campaign disclosure for the county registrar of voters.

Brown was out of town on vacation Tuesday and could not be reached for comment. His son, Devin Brown, an aide to Assemblyman Peter Frusetta (R-Tres Pinos), said he would “neither confirm nor deny” his father’s intentions to run.

But Mark Thompson, a political consultant who works on Republican campaigns, acknowledged that Brown is indeed running and is very highly respected in the field of law enforcement.

“The guy has put more people on death row than any prosecutor in the state,” Thompson said. “The cops love him and the judges love him.”

Rackauckas, 53, who was a deputy district attorney for more than 16 years, said he will make up his mind in the coming months. Whether Capizzi decides to run for attorney general or for reelection as district attorney “is not a factor” in his decision, Rackauckas said.

“I think a lot has happened in the office in the last several years. . . . I think it needs a lot of improvement,” said Rackauckas, who was a Municipal Court judge for three years before joining the Superior Court bench in 1993. “I feel there is a strong need for substantial changes in the D.A.’s office.”

Capizzi, 57, who has been the county’s top prosecutor for seven years and a member of the department for 31 years, was not available for comment.

While he has long been one of the state’s most respected law enforcement officials, he has recently come under attack from local Republican officials, including state GOP Vice Chairman Michael Schroeder of Irvine and Rep. Dana Rohrabacher of Huntington Beach, for prosecuting county officeholders.

Capizzi has pursued misconduct prosecutions, unsuccessful thus far, against Stanton and Steiner for their roles in the county bankruptcy, and is pressing a variety of campaign fraud charges against Baugh of Huntington Beach.

Rackauckas declined to comment on those charges, other than to say his concerns about the district attorney are more than just “one or two prosecutions.”

“I think the problems are deep and entrenched at this point,” Rackauckas said.

Another potential district attorney candidate often mentioned is Superior Court Judge David O. Carter, another former prosecutor in the office Capizzi now heads. Carter, a Democrat, declined to comment on his intentions Tuesday, saying “it’s too early right now.”

The election for county district attorney will be held in June 1998.

Another contentious race appears to be brewing for the position of sheriff-coroner. County Marshal Michael S. Carona is expected by many county insiders to run for the job held since 1974 by Brad Gates.

Carona and Gates have clashed in the past, most recently over an effort by Gates in 1995 to have the Sheriff’s Department absorb the marshal’s office and take over security of the courts. Carona has also been battling county Chief Executive Officer Jan Mittermeier over an airport-style security system he wants to install in the Santa Ana courthouse.

Carona declined to comment on the speculation Tuesday.

Also contributing to this report was Times staff writer Shelby Grad.