TS - The heat's off August

The heat's off August
By Kimberly Wear, The Times-Standard
Friday, June 24, 2005 - 6:14:10 AM PST

EUREKA -- It's over.

Judge John Feeney dismissed the sole remaining count in the accusation case against Debi August on Thursday, saying recently surfaced documents impaired the Fortuna councilwoman's due process rights and hindered her attorneys' ability to object to the conflict of interest count and prepare for trial.

Feeney also cited grave concerns about preserving the integrity of the grand jury system.

The case was dismissed with prejudice, meaning August will never again face the roller coaster ride of legal maneuvering that marked the last year, with counts filed, then amended, counts dismissed, then reinstated, only to be dropped again.

August broke into tears after the decision, hugging her sister and her attorneys. She said that she was still numb at the news, unable to believe it was over.

"It has completely changed my life," August said during an emotional interview at her attorney's office. "I am not the same person I used to be. I will never be the same person I was before this started."

Deputy District Attorney Tim Stoen did not object to the defense motion for the dismissal, saying his office was troubled by the new documents appearing during jury selection and he has always worked to protect August's rights.

"The denial of rights to one person is the denial of rights to all," Stoen told the judge. "We acquiesce in the request for dismissal."

For August, the end of her 16-month legal battle is bittersweet. She said her real estate business has taken a devastating hit and her retirement fund went toward her defense. August's attorneys said they've lost the opportunity to prove the charges never should have been filed.

If they had the documents earlier, her attorneys said, the conflict count would have been dismissed last month when Feeney threw out three others that alleged August incorrectly filled out economic interest forms.

"The case is going to be perceived as being dismissed on a legal technicality and to me that really is a tragedy for Debi," said her attorney William Bragg.

Surprise revelations

In the end it all came down to Judith Schmidt.

The latest twist in a series of bizarre events was when the forewoman of the grand jury that brought the accusation case became the person who provided the means for its dismissal.

Schmidt suddenly found herself in the spotlight earlier this month after emerging with a cache of August-related documents.

A slight woman with the air of a librarian who admitted to being a bit of a "pack rat" due to her accounting background, Schmidt spent six days on the witness stand. She testified she kept copies of grand jury documents out of concerns about the district attorney's handling of the case and Stoen's legal advice to the grand jury.

At times she sparred with Stoen over his line of questioning about her perceptions of his actions and her motivation behind keeping the records. Schmidt testified she wrote a letter to the state attorney general requesting an investigation of the District Attorney's Office in relation to the August case. The office declined the request.

Schmidt left the courthouse without comment Thursday, walking away with August, their arms around each other.

"I've never really met her, I never really talked to her, but she had incredible courage," August said later. "I appreciate not only what she did for me and my family but that the justice system can correct itself if there is somebody who's honest."

For the record

August said many things about the development situation that transpired into the accusation case were misconstrued and overblown. She said she was not friends with the property owner Carmen Smith. They were only acquaintances, she said.

Other inconsistencies were representations that Smith is a developer. That's not accurate, August said. Smith is a recently retired kindergarten teacher who inherited the property from her parents. August also said she only attended one of the four Planning Commission meetings in which the project came up.

"The district attorney said that I obtained favors for a developer," August said. "I never obtained favors for her. If I did anything for Carmen Smith, my involvement hurt her. It did not help her."

Her reasoning behind getting involved was to experience what it was like to take a project through the system from beginning to end, Bragg said. The Smith project was a way to learn the ropes and August thought it would be good for Fortuna, he said.

Bragg said she was always upfront and made it clear when she spoke about the project or met with city staff that she was there as a private citizen.

Instead, August said, she hasn't been able help any constituents with the lawsuit hanging over her head.

"I never did what I was accused of doing," she said.

The plea deal

August said the accusation has changed her life. People close to her passed away without seeing a resolution, she said. And for more than a year, she hasn't been able to tell her side of the story.

"I haven't even wanted to go to the grocery store because people look at you differently," she said.

Sitting in a bright green chair, August's emotions ran between tears and smiles as she discussed the case. At times, her anger at the charges showed through. One of those times was when she talked about the District Attorney's Office making a plea offer just before the trial start date.

She was told if she pleaded guilty to malfeasance, the judgment against her would be entered after her term expired in April 2006. Meanwhile, she could run again.

"I don't know anything in my life that made me angrier," August said. "This was not about me staying in office. It was about who I am and my life. What they have taken from me is beyond measure."

Still ahead

August still faces a mountain of legal bills that could climb into the six-figure mark. Her attorneys said they will be going to Fortuna City Council to ask for reimbursement of August's defense costs.

"She was acting in the broad spectrum of her duties and trying to be a good councilwoman," Bragg said.

Still unanswered is why the documents Schmidt provided were not included in the grand jury files originally turned over to the defense. It may never be understood. And, there are several aspects about the accusation process that will not be brought out now.

"We will never know, through this proceeding, what went wrong," August's attorney Greg Rael said in court. "Something went seriously wrong."

Asked what she was going to do next, August answered simply: "I don't know. I'm not going to run for office again though."

She said she does believe she was singled out for taking a stand against the recently dismissed lawsuit the District Attorney's Office filed against Pacific Lumber Co.

Asked her opinion on Stoen's comment that the DA's office treated her fairly, August said she doesn't have the same faith in that office that her attorneys do -- and she would leave it at that.

"The only thing I ever did was try to help a citizen in Fortuna," August said.