commentary
Beyond the Briefs
Setting the record straight
Published Thursday, 10-Dec-2009 in issue 1146
In the Nov. 19 edition of the Gay & Lesbian Times, I wrote a commentary expressing concern regarding the possible misconduct of local attorney Charles LiMandri, who represents Carrie Prejean, the former Miss California. Mr. LiMandri has asked me to correct some of the statements in my commentary and has provided me with some additional information.
First, my prior commentary indicated that Ms. Prejean’s ex-boyfriend had claimed that her lawyers had requested that he lie about Ms. Prejean’s age. As Mr. LiMandri was the only attorney of record for Ms. Prejean, I understood the statement to refer to him. However, Mr. LiMandri has advised me that he had no contact with the ex-boyfriend and certainly did not request that he, or any other witness, should lie. Given the absence of confirming contrary evidence, I retract any allegation that Mr. LiMandri asked any witness to lie.
Second, my commentary noted that Mr. LiMandri had both represented the City of San Diego in one action regarding the Mt. Soledad cross issue, and was adverse to the City in another case regarding the claims of four firefighters who participated in a gay pride parade. Accordingly, I suggested that the City Attorney seek to disqualify Mr. LiMandri from representing the firefighters given the apparent conflict of interest. However, Mr. LiMandri has now clarified that his representation of the City in the Mt. Soledad cross matter had concluded prior to his assuming any representation of the firefighters. Accordingly, it does not appear that there was any actual conflict of interest.
I apologize to Mr. LiMandri and Gay & Lesbian Times readers to the extent that my prior commentary caused any confusion on these issues.
Given the absence of confirming contrary evidence, I retract any allegation that Mr. LiMandri asked any witness to lie.
Robert DeKoven is a professor at California Western School of Law.
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