Nov 2, 2009 4:51 pm US/Pacific
Ex-Lawmaker Mike Duvall Won't Face Charges
YORBA LINDA
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Assemblyman Mike Duvall of Yorba Linda, California resigned on Wednesday, September 09, 2009, after he was caught on tape bragging about two alleged affairs.
CBS
Federal prosecutors announced today they won't pursue charges against an ex-Orange County assemblyman who resigned under pressure after lurid remarks he made to a colleague about alleged affairs came to light.
Meanwhile, Sempra Energy lobbyist Heidi Barsuglia, who was linked romantically to Mike Duvall in some published reports, lashed out at the former lawmaker, and her attorney said she is weighing a potential lawsuit.
The name of the other lobbyist is unknown.
The joint announcement from the FBI and U.S. Department of Justice comes days after the Fair Political Practices Commission also said it would not investigate a complaint lodged by the watchdog group Common Cause.
California Attorney General Jerry Brown and the Assembly Ethics Committee also declined to investigate because Duvall had stepped down.
Duvall, R-Yorba Linda, resigned Sept. 9, the day after the married father of two's claim to having sex with two lobbyists was picked up by an open microphone during a lull in a committee hearing.
Barsuglia, meanwhile, has been fully reinstated to her job, Sempra Energy announced.
"Consistent with the outcome of the government investigations and Sempra Energy's own investigation, we have closed our review of this personnel matter and reinstated our employee to active status," a Sempra statement says.
"This experience has been a professional and personal nightmare," Barsuglia said in a statement. "I did nothing whatsoever illegal or unethical with former Assemblyman Duvall or anyone else.
"What is shocking to me and my family is that anyone would have taken seriously the statements of someone boasting about his alleged exploits or even believed for a moment that they were true," she said. "I am now pleased to be able to say publicly that the United States Attorney, the FBI, the FPPC and my employer have all carefully examined the facts and found no violation of legal or ethical standards."
Barsuglia's attorney, Malcolm Segal said his client "has been defamed in monumental proportions. Her reputation, her job and her exemplary career have all been placed in jeopardy by Duvall's disgusting remarks."
"Sadly, his recorded comments were clearly made in a way which lead people to believe that she was the subject of his conversation, and his statements after the tape became public did very little to correct the situation," the attorney said. "Just so there is no doubt left in anyone's mind, what Mr. Duvall later called `inappropriate storytelling' was just a plain old-fashioned lie. Mrs. Barsuglia is considering all of her legal remedies."
After Duvall resigned, he posted a statement on his Web site, saying he wanted "to make it clear that my decision to resign is in no way an admission that I had an affair or affairs."
"My offense was engaging in inappropriate storytelling and I regret my language and choice of words," he said. "The resulting media coverage was proving to be an unneeded distraction to my colleagues and I resigned in the hope that my decision would allow them to return to the business of the state."
A special election to replace Duvall in the 72nd Assembly District is set for Nov. 17. Today is the final day to register to vote in that election. If none of the candidates get a majority of the vote, a runoff between the top Democrat and Republican vote-getters will be held Jan. 12.
The district covers Fullerton, Anaheim, Placentia, Orange, Brea, Yorba Linda and La Habra.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)