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Conflicting stories at Collins prelim frustrate judge

By KELLY NIX

Published: October 12, 2012

HEARINGS THIS week to decide if former county water board director Steve Collins will stand trial on conflict-of-interest charges became so tangled with conflicting statements from witnesses that the judge in the case referred to the testimony as “multiple layers of hearsay.”

In November 2011, the Monterey County District Attorney’s office charged Collins with felonies, alleging he was paid as a lobbyist for a private company that was trying to win a lucrative contract to run the new water project while he also served on the county water board — a violation of state conflict-of-interest laws.

In the hearing that began Tuesday, prosecutors filled in the details of their case against Collins, contending he was paid about $160,000 by RMC Water and Environment, which was awarded a $28 million contract to manage the $400 million desal plant, even as he participated in meetings to decide whether it should be built.

But Collins has maintained that numerous officials, including county supervisors Dave Potter and Lou Calcagno, former Monterey County Water Resources Agency GM Curtis Weeks and county attorneys knew he worked for RMC and assured him there was no conflict of interest.

Court proceedings in front of Monterey County Superior Court Judge Pamela L. Butler Thursday highlighted the disparity in witness statements made to district attorney investigator Tracey Spencer.

For example, Collins’ attorney Michael Lawrence asked Spencer whether she recalled Collins telling her he had a conversation with Weeks in which Weeks told Collins he needed to take a leadership role in the regional project.

“According to Mr. Collins, that conversation took place,” Spencer said. “According to Mr. Weeks, it did not.”

Lawrence also said that, as time went by, Collins was “spending more and more time with county officials as it pertained to the regional project.”

But she said county officials believed Collins’ involvement with them was in his capacity as water agency board member, not a consultant to the private company.

Collins insists that they knew he was also working for RMC, but, “at no time did he say he was a consultant with RMC,” Spencer alleged.

Lawrence also asked Spencer about a meeting with Collins, Weeks and Marina Coast Water District general manager Jim Heitzman that occurred at Weeks’ office.

“Mr. Weeks denies that meeting took place,” Spencer said.

“When you have people saying A happened and another person saying A did not happen,” Butler said, “there is a credibility issue.”

Collins is charged with more than 30 felonies and misdemeanors, including grand theft for billing Ocean Mist Farms for advisory work he never performed.

After two days of testimony, hearings to determine whether Collins will stand trial were continued to Nov. 13.