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Dumanis’ Chula Vista probes questioned

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A phone call that District Attorney Bonnie Dumanis reportedly made in 2005 regarding a Chula Vista City Council seat is raising questions about the timing and motives for failed investigations her office later made into the city’s politicians.

One of those politicians, former City Councilman Steve Castaneda, is now asking for an explanation and an apology.

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The nonprofit news organization inewsource, affiliated with KPBS, reported Monday that then-Mayor Steve Padilla received a phone call from Dumanis asking if he would support one of her employees and friends, Jesse Navarro, as a candidate for city council. Padilla declined, he recalled to inewsource.

Weeks later, Dumanis’ Public Integrity Unit launched an investigation into the city council’s attendance record of redevelopment meetings. No charges were filed.

Then, in 2006, Castaneda came under investigation for rumors that he was getting free or reduced-price housing from a local developer. He was indicted by a grand jury and taken to trial. A Superior Court jury acquitted him of six counts of perjury and deadlocked on four other counts.

Castanada and his lawyer are questioning whether Dumanis was acting on a political motive when her office led the investigation into the city council.

In a news conference Tuesday, Castaneda said the phone call should have been disclosed to his legal team before the trial, and that Dumanis’ office should have recused itself from the case.

The prosecutor, Patrick O’Toole, told inewsource in a statement that he learned of the phone call before the 2008 trial but at first doubted the reports. He said he voiced his concerns to one of Dumanis’ top staffers but was told to “just do my job,” he told inewsource.

O’Toole did not address in the statement why he didn’t disclose knowledge of the call to the defense.

The lawyer who represented Castaneda in the case, Marc Carlos, said Tuesday that the call is “the type in information that would’ve been a bombshell” had it come out at the time.

Castaneda, who now works as a business and government consultant, said the trial has stained his political career and reputation, despite the favorable outcome. The city ended up paying the $200,000 or so in legal bills for the case.

Castaneda is asking for Dumanis to release all the emails, memos and records surrounding the prosecution so the public can evaluate the basis of bringing the case against him. He would also like to hear from Dumanis if she confirms or denies making the phone call.

Dumanis’ representatives did not directly address the phone call Tuesday in statements, and instead referred to the timing of the story, which comes before the June 3 district attorney election in which two other candidates are trying to unseat her. She is running against private attorney Bob Brewer and retired county prosecutor Terri Wyatt.

“Mr. Castaneda’s criminal case is closed and we will not allow the District Attorney’s Office to be used as a political pawn,” District Attorney’s spokesman Steve Walker said in a statement.

A campaign spokeswoman, Jennifer Tierney, added in a separate statement: “This is nothing more than a desperate campaign stunt on behalf of a candidate who’s more than 30 points behind in the polls.”

Castaneda said Tuesday that he has not openly supported any candidate yet.

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