Rubino Jury Remains Divided, Requests Clarification of Charge

SANTA ANA —  Struggling to break a deadlock, jurors in the trial of former Orange County Budget Director Ronald S. Rubino deliberated for the sixth day Thursday, but still failed to arrive at a unanimous verdict.

Jurors will resume deliberations this morning, after the panel of 11 women and one man told Presiding Judge J. Stephen Czuleger on Wednesday that they were a “hung jury” and plagued by infighting.

But on Thursday, jurors continued their steady stream of notes to the judge, asking him to explain “in layman’s terms” the second count against Rubino. That count accuses Rubino of violating state law by allegedly assisting former Treasurer Robert L. Citron in failing to transfer “apportioned interest” owed to other investors in the county-controlled investment pool.

Rubino is charged with two counts of helping Citron skim $93 million in interest earnings belonging to cities, school districts and other government agencies. The former budget director has denied the charges. Rubino and his wife, Sharon Esterley, spent their ninth wedding anniversary Thursday waiting for a verdict outside the courtroom.

In a separate note, jurors asked Czuleger to have a court reporter read back some testimony by Chief Deputy Auditor-Controller Chuck Hulse.

Hulse testified he held meetings with Rubino and other county officials after Citron reported an unexpected 400% increase--from $25 million to $125 million--in the county’s 1993 investment pool earnings. But Hulse said he was never worried about the risk associated with the portfolio.

The prosecutor quizzed Hulse closely as to whether Rubino had blocked the auditor-controller’s office from sending a letter in May 1993 to the Board of Supervisors about Citron’s bountiful interest earnings. Hulse denied that Rubino had ever done so.