Larry Turner mayoral eligibility lawsuit to be dropped

SAN DIEGO (FOX 5/KUSI) — Paperwork to drop the lawsuit challenging mayoral candidate Larry Turner’s residency in San Diego was filed earlier this week, leaving open questions of qualification that the case sought to address.

The case alleged in a 61-page complaint and private investigator declaration that Turner’s primary residence was in El Cajon at the time he submitted his qualification papers for his long-shot mayoral bid. It was previously scheduled to head to trial this month on March 29.

The attorney who brought the case, Robert Ottilie, had initially pushed the judge hearing the suit to set the hearing prior to election day, arguing it was crucial to work out the questions of his residency before voters took to the ballot box.

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“This case was filed well before the Primary election,” Ottilie said in a statement on Friday. “My client sought a trial to be conducted Thursday, February 29th or Friday, March 1st. Had that request not been opposed by election officials and (Mr. Turner), this case would have been over and resolved before the Primary election.”

He added that the decision by his client, Helen VanDiver, to drop the suit had “nothing to do with the merits,” but because of “personal attacks” by Turner “challenging both her integrity and motives.”

“What should have been an opportunity to try this case on the merits last week, has been turned into what is anticipated to be a month-long political spectacle,” Ottilie said. “My client is unwilling to subject herself or her family to any further harassment.”

Since the suit was filed, Turner has openly questioned VanDiver, framing the suit as a scheme involving her son, an appointee on Gloria’s military advisory council, to interfere with the election on behalf of Mayor Todd Gloria to help his bid for a second term.

Turner and his attorney, Mike Aguirre, has pointed to payments by New San Diego, a independent political action committee backing Gloria, arguing that it has not “played by the rules.”

New San Diego has raised about $400,000 since it was founded last July, according to campaign finance disclosures — about $150,000 going towards mailers supporting Republican candidate, Jane Glasson.

Disclosures also show at least $5,000 was paid from the PAC to the private investigator firm cited in the lawsuit for opposition research, while $7,500 was paid for Ottilie’s legal services.

However, Ottilie, representatives of New San Diego, and those involved in Gloria’s re-election bid have all denied that there was any coordination between the campaign and lawsuit to FOX 5 and reporting partners at the San Diego Union-Tribune.

“He had three very close friends and advisors who he has working on the city’s dime and they put this little plan together, but he didn’t know anything about it,” Turner said in a press conference on Friday. “I’m not calling him a liar, but then you have no control over your staff.”

When asked about the claimed harassment, Turner encouraged VanDiver to file a police report, describing it as “the kind of stuff we don’t stand for in San Diego.”

“If it’s true, I would like her to file a police report and I would be more than happy to help with that,” he said.

Early election results released by the county Registrar of Voters office through Thursday have Turner about 27-points behind Mayor Todd Gloria at 24% of the vote, while progressive candidate Genevieve Jones-Wright sitting in third with 14.26%.

“This is some dirty stuff that they tried to do to trick voters. They tried to do it before March 5 … then after March 5th they dropped it,” Turner said. “Here we are now, it’s going to be me and the mayor (Todd Gloria) in November.”

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While VanDiver is withdrawing the suit, Ottilie says the questions of Turner’s permanent residency persist: “Her allegations remain unrebutted. These issues do not go away and can be raised at any time. Perhaps election officials will now pursue the matter on their own. It’s not too late.”

Aguirre said they are also hoping to further investigate the context in which the lawsuit was brought.

“Who made the orders, who gave the coordination,” he said. “Let’s find out what was really going on behind the scenes.”

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