D.A. won't charge accused Capistrano Unified coaches

D.A. won't charge accused coaches
By SCOTT MARTINDALE AND DAN ALBANO
THE ORANGE COUNTY REGISTER
May 31, 2012

A group of former Capistrano Unified high school coaches accused of taking part in an elaborate kickback scheme involving a sports equipment company will not face criminal charges, authorities announced Wednesday.

The Orange County District Attorney's Office said it would not file charges against the Capistrano Unified coaches who did business with Lapes Athletic Team Sales in Laguna Hills, including three who were fired from their full-time teaching jobs in February.

Former San Clemente High head football coach Eric Patton talks to his team during practice in 2010. Patton, a 12-year veteran of the program had been working as head coach until he was put on leave in August 2011. Patton was fired in February by Capistrano Unified trustees from his job as a full-time English teacher at the school.

"Based on the evidence submitted to us, we did not feel there was sufficient evidence to prove a criminal case," D.A. spokeswoman Farrah Emami said. "We need to be able to prove beyond a reasonable doubt that a crime occurred."

Capistrano coaches and teachers Charles "Chi Chi" Biehn, Brent Melbon and Eric Patton were terminated after the school district accused them of stealing tens of thousands of dollars of taxpayer money.

Four other coaches and teachers – Ken Goldstone, Jeff Veeder, Joe Wood and Ken Workman – were formally reprimanded after being put on leave from their coaching duties.

Patton, the former head football coach at San Clemente, said he was pleased by the District Attorney's decision.

"We have maintained our innocence all along," he said. "I'm just very gratified that the Orange County Sheriff's Department and District Attorney have issued this (statement). It exonerates the coaches and validates our position."

Patton also said he hopes the decision will help restore his reputation.

"I would love to ask (Capistrano Superintendent) Dr. (Joe) Farley what door I walk through to get my good name and reputation back," he said.

Biehn, the former football coach at Capistrano Valley, added: "Obviously, if I'm not going to jail, it's great news."

An eight-month Capistrano Unified investigation concluded that the coaches maintained personal spending accounts with now-defunct Lapes Athletic, allowing the coaches to convert district funds into personal credits that they could spend as they saw fit, without district oversight.

A Register investigation last year found much of the taxpayer money appeared to have been spent on athletic programs, but the district concluded thousands of dollars went to buy personal gear for the coaches, a violation of district policy.

In the coaches' termination reports, Capistrano Unified indicated at least nine state and federal laws had been violated.

Capistrano attorney Daniel Shinoff said the D.A.'s decision not to file charges was unrelated to and had no bearing on the district's disciplinary decisions.

"The D.A. is looking at a burden of proof that is beyond a reasonable doubt, so they are looking at it from a very different perspective," Shinoff said. "What we're looking at was whether there was violation of school district policy and whether the violations of those policies rose to a level that someone should be subjected to termination."

After the district completed its internal investigation last year, the Orange County Sheriff's Department launched a probe. The sheriff's findings, which were never made public, were turned over to the D.A.'s office about a month ago.

In deciding not to file criminal charges, D.A. investigators cited "a lack of sufficient evidence to show criminal intent or a diversion of funds for personal use."

Emami declined to elaborate on that statement or to confirm which coaches were investigated. But she said the D.A. would reopen the case if additional evidence or information were to come forward. "I'm innocent," Patton said. "Due process is about proof, and this is part of the due process." Patton and Biehn both confirmed that they have appealed their terminations. Patton said he believes the D.A.'s decision will help them succeed in their appeals.

"I realize there is another process involved here but it is based on the same evidence and the same facts," Patton said. "I just hope this whole thing can be over for everybody who is facing further hearings."

Neighboring Saddleback Valley Unified is conducting an internal investigation into its employees' involvement with Lapes Athletic. That investigation, which has spanned about a year, is ongoing, said spokeswoman Tammy Blakely.

Saddleback College in Mission Viejo, meanwhile, disciplined one athletic department employee in the Lapes Athletic matter, while Irvine Unified completed an investigation but determined no wrongdoing on the part of its employees.