State Supreme Court denies Nutting appeal
The Supreme Court of California has denied the petition for review and application for the stay filed on behalf of former Supervisor Ray Nutting, who was removed from office earlier this year.
Superior Court Judge Timothy Buckley declared the El Dorado County District 2 supervisor’s seat vacant on June 6 after a trial jury found Nutting guilty of misdemeanor charges related to accepting loans from county employees and contractors.
Though the Supreme Court denied his motions, Nutting said El Dorado County District Attorney Pierson is the one who lost.
Pierson used more than $1 million to convict the former supervisor on “a technicality,” Nutting said, and the District Attorney should be “embarrassed and ashamed” of wasting taxpayers’ money. Nutting was acquitted of three of the four felonies charged, with the four ending in a mistrial due to a hung jury.
“It’s a sad day in El Dorado County when the DA uses taxpayers’ money to target political enemies,” Nutting said, also mentioning the case of Dan Dellinger, who Nutting said was targeted by county Auditor-Controller Joe Harn. Dellinger was found not guilty of all charges.
“I’m working with attorneys,” Nutting said of moving forward. “We have an appeal — the writ of mandate.”
“Disgraced former Supervisor Nutting once again unsuccessfully attempted to stop the special election from proceeding on Sept. 9 and to block his removal from office — which has already been affirmed by the Third District Court of Appeal and Superior Court Judge Timothy Buckley, who found that Nutting’s criminal convictions constituted misconduct in office,” a press release from Pierson stated.
“This was a joint investigation and prosecution by the California Attorney General’s Office and the District Attorney’s Office, and now the Supreme Court has finally spoken on the issue,” the statement continued. “Nutting’s conduct constituted misconduct in office and his removal from office was lawful.”
A special election will be held Sept. 9 to fill the position. Nutting’s wife Jennifer is one of six candidates running for the seat. District 2 encompasses South County, much of Cameron Park as well as portions of Shingle Springs and El Dorado Hills.
Nutting said Pierson was wrong in the press release, as the state Supreme Court did not say Pierson was right but simply denied reviewing the petition.
“I’m very, very happy with the outcome,” he said, adding that his attorney David Weiner “did a wonderful job of defeating Pierson in court.”
Nutting also wondered if Pierson was going to be held accountable for his violation of the Fair Political Processes Act regarding not reporting income. “If technicalities are reasons for removal, Joe Harn and Vern Pierson need to look in the mirror,” he said.
Nutting said he has a “bright future.” He is “working on my business; I’m doing well and moving forward.”
According to the California Supreme Court’s website, Nutting and Weiner submitted the petition on Aug. 11. The next day, it was noted that an answer was needed before Oct. 10. David Eldridge of the State Attorney General’s Office filed an answer to the petition on Aug. 19, with a reply from Weiner on Aug. 26. The decision by the state Supreme Court came the next day.