Capo Unified's Fleming Delays His Day in Court, Again

Remember 2007? M.I.A. released a really good album, the surge in Iraq was all the talk, Anna Nicole Smith laid to rest her gentle head and everyone assumed Hillary Clinton was going to be the next President.

It was also the year in which James Fleming, the former superintendent of Capistrano Unified School District, was indicted for allegedly creating an “enemies” list of parents and students and then lying about it.

He still hasn't stood trial. Indicted in May '07 and originally scheduled for trial in October of that year, the case has since been delayed eight times. Wait, strike that. The Register's Scott Martindale reports that it happened a ninth time today.

This time, it's the prosecution that asked for an extension–though, they say, it's  the defense's fault. The lawyers of Fleming and also-indicted ex-assistant supe Susan McGill submitted a motion for dismissal of the case in excess of 75 pages. The prosecutors need some time to respond.

So, Judge William Froeberg granted a six-week delay and set a hearing date for Dec. 11. No trial date has yet been set. If the case isn't dismissed at the December hearing, then there might be a trial–in 2010.

When I went to see Fleming in court in Febuary of this year, Judge Froeberg said he was aware the case was “older than dirt” and seemed unsympathetic to future delays. Now, he has a mind-bender to figure out: What do you call something older than older than dirt?

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