Court to Hear Lewis Challenge of Charges

SACRAMENTO —  The trial of Assemblyman John R. Lewis (R-Orange) was delayed Friday by the 3rd District Court of Appeal, which will decide whether the state forgery law applies to charges that Lewis used former President Ronald Reagan’s name without authorization.

The Lewis trial had been scheduled to begin Sept. 25.

However, Lewis’ attorneys argued that the state’s 100-year-old forgery statute applies only in cases where the intent is to defraud people of money or property. Sacramento Superior Court Judge James I. Morris rejected the defense argument in April and ordered the trial to proceed.

‘Good for Us’

But the appellate court, in an order issued by Presiding Justice Robert K. Puglia, agreed to hear arguments on the legal question, in effect postponing the trial until the issue is decided.

“From a lawyer’s standpoint, this is good for us,” said Clyde M. Blackmon, one of Lewis’ attorneys.

If the appeals court rules in Lewis’ favor, the lawmaker would not have to stand trial on the forgery charge. Blackmon said it is unclear when the court will hear the matter and issue an opinion, but it has given the two sides until the end of the month to present further written arguments.

Legislative Races

Lewis was indicted in February by the Sacramento County Grand Jury, which charged him with one felony count for his role in mailing out hundreds of thousands of campaign letters bearing the phony Reagan signature during the 1986 campaign.

According to grand jury testimony, letters were sent in six legislative races even though the White House had denied permission for the Assembly Republicans to use Reagan’s signature.

The strongest of the letters was one accusing Assemblyman Richard E. Floyd (D-Carson) of “caving in to the powerful underworld drug industry”--a charge that led to demands by Floyd and others that the Republican leaders responsible be prosecuted.