OXNARD : Prosecutor Is Not Cited for Contempt

The Ventura County district attorney’s office on Friday warded off a potential contempt-of-court charge against one of its prosecutors, who had angered a Municipal Court judge by filing a pre-sentencing report on convicted student-spanker Robert Bradley.

Judge Barry B. Klopfer agreed to work out an understanding with prosecutors instead of citing Deputy Dist. Atty. Michael K. Frawley for contempt of court in Bradley’s case.

Bradley, a former Oxnard guidance counselor, was sentenced Wednesday by Klopfer to 180 days in jail and three years’ probation for spanking four female high school students.

During the sentencing hearing, Klopfer scolded Frawley for filing a “statement of position” on Bradley’s case.

Klopfer said that Frawley may have violated state evidence laws by filing the report, which included unproven allegations that Bradley had spanked other girls.

And Klopfer called a hearing Friday on whether Frawley would be held in contempt.

However, Dist. Atty. Michael D. Bradbury interceded on Friday, arguing that the report did not violate the law, which forbids outside parties from giving evidence on prisoners in sentencing hearings.

Bradley was not a prisoner and was free on his own recognizance at the time of the hearing. He is expected to remain free until the start of his sentence on July 5.

Bradbury said he told Klopfer “that my deputy was discharging his duties in response to my directions and policies. . . . Our position is of course that it’s entirely proper for us to provide the court with information providing we give the defense a copy, which we did.”

Bradbury said he will meet with Klopfer next week to hammer out a policy for submitting pre-sentencing reports.