COUNTYWIDE : Possible Conflict With Ely Case Cited

A Ventura County prosecutor cited a possible conflict of interest Tuesday involving defense attorneys for Ventura County Community College board member James (Tom) Ely and a district administrator.

Ely’s attorney, James M. Farley, practices in the same law firm with Charles L. Cassy, who represented Tom Kimberling on Tuesday in Ventura Municipal Court. Kimberling, vice chancellor of administrative services, is charged with misdemeanor spousal battery.

Deputy Dist. Atty. Mary C. Peace questioned the representation because Kimberling is a key witness for the prosecution against Ely. The trustee faces trial next month on charges of conspiracy, embezzlement and fraud for allegedly filing with the district false travel claims of more than $15,000.

Judge John J. Hunter set an April 30 hearing to resolve whether a conflict exists.

“The potential for conflict is the problem” because of a possible overlap of information from one case to another, Peace said. It is possible that Farley might represent Kimberling in court hearings since he practices with Cassy, she said, adding that Farley might end up cross-examining a client or his partner’s client.

Cassy could not be reached for comment Tuesday.

Kimberling is accused of hitting his wife, Ann Kimberling, on Feb. 10 and causing a bruise under her eye and an injury to her lip, Peace said. If convicted, he faces a maximum penalty of one year in jail and a $6,000 fine, she said.

Kimberling, who was not in court Tuesday, declined comment on the charge. Cassy entered a not guilty plea.

When asked earlier why he hired Farley, Kimberling said: “I didn’t know of anyone else and he has a good reputation.”

His legal representation was not a conflict because the two cases are unrelated, he said.