ORANGE - Steve Rocco, the cap-wearing, conspiracy-thinking mystery man once elected to the Orange school board, goes to trial today in a case that involves political intrigue, a shadowy group called the Partnership – or just a bottle of ketchup.
Rocco faces two misdemeanor theft charges in connection with what happened to that 14-ounce bottle of Heinz 57 on a Saturday morning last year. Rocco has pleaded not guilty, demanded a jury trial and called dozens of people to testify – including reporters, ex-Sheriff Michael Carona, and a representative of Heinz ketchup.
He filed court documents this week protesting that he cannot get a fair trial and accusing the District Attorney’s Office of "malicious prosecution." He also submitted a statement by a long-time acquaintance, Evan Harris, who offered this defense: "I have never seen Mr. Rocco use condiments."
Rocco spent four years as a trustee on the Orange Unified School District board, where he was best known for his knit caps, dark sunglasses and conspiracy theories. The board cut him out of his own district when it redrew its boundaries last year. He then ran for a Santa Ana City Council seat but lost.
He declined to comment on his court case, telling a reporter who visited his home today: "Get off my property right now."
The case against him began last fall, outside a cafeteria at Chapman University. A school security guard told police she saw Rocco swipe a half-full bottle of ketchup and slip it into his bag, according to a police report. The guard called police, who cited Rocco on suspicion of petty theft; prosecutors have since added a second charge, petty theft of lost property.
In the court papers he filed this week, Rocco argued that he was recycling the ketchup bottle, not stealing it. He wrote that he wants to call a Heinz representative to testify that "un-refrigerated ketchup is garbage."
That was only the start of his witness list. In six typed pages, he wrote that he would show that there had been a "political criminal conspiracy" against him involving the media, political and school leaders and the group he calls the Partnership.
"I am being followed, DAILY," he wrote at one point in the court documents. At another, he claimed there had been 13 invasions of his home – "an excuse to harass us during political elections."
He named Carona as a witness because the ex-sheriff had supported his rival in a 2002 election. He also named District Attorney Tony Rackauckas, describing him as part of the conspiracy, and school-board members he claimed had met in secret to "discuss Partnership."
He also singled out reporters and news stories from the OC Weekly, the Foothills Sentry and The Orange County Register. The newspapers, he wrote, published "hit pieces" against him that led to "national and local humiliation &the defeat in the Santa Ana City Council election."
He closed his court filing with the words, "Many, many DEFENSE WITNESSES are EAGER to testify."
But at least a dozen of the people he called as witnesses – including the Register reporters – have filed court motions to quash his subpoenas, court records show. The District Attorney’s Office has also challenged all of the potential witnesses he listed – which number around 70.
Rocco’s jury trial is scheduled to get underway Wednesday morning, after a preliminary hearing to determine whether he can call all of his witnesses. Susan Kang Schroeder, a spokeswoman for the District Attorney’s Office, said the trial could be postponed if a courtroom is not available.
It’s hard to say how much Rocco’s trial will cost the District Attorney’s Office. Schroeder estimated that it’s "probably in the thousands" of dollars, but she pointed out that the attorney handling the case would be working and drawing a salary regardless of who was sitting in the defendant’s chair.
Rocco faces up to six months in jail if convicted, although Schroeder said a more likely sentence would be probation and a small fine. Prosecutors plan to seek an order keeping Rocco away from Chapman University if he is convicted, she said.
The District Attorney’s Office tried to resolve the case out of court, Schroeder said. When Rocco refused, she said, prosecutors decided to proceed with a trial. "It’s a matter of respecting private property rights," she said.
