COUNTYWIDE : Judge Cites Possible Conflict in Ely Case

A Ventura County Superior Court judge said Tuesday that a leading defense attorney could have a conflict of interest in representing James T. (Tom) Ely, a community college district trustee charged with embezzlement.

The issue was raised because attorney James M. Farley is representing Ely, while his law partner, Charles L. Cassy, is representing Tom Kimberling--a key prosecution witness--in an unrelated matter. In addition, Farley said he may represent Kimberling in the future. Kimberling was charged with spousal abuse, court documents say.

Kimberling entered a plea of not guilty in Ventura County Municipal Court, Farley said.

During the hearing Tuesday, Judge Lawrence Storch advised Ely of his right to talk to another attorney about the possible conflict of interest, Farley said. But Ely waived that right and said he did not care whether Farley represented Kimberling, Farley said.

The district attorney’s office filed a motion this month asking the judge to inquire about a conflict of interest. Deputy Dist. Atty. Carol J. Nelson said she wanted to make sure that the potential conflict could not be used as a means of appeal if Ely is convicted.

Ely, a Ventura County Community College District trustee, and his wife, Ingrid, are charged with embezzling more than $15,000 from the district in the past three years. Prosecutors allege that the couple padded their expense accounts with improper claims for food, lodging and travel.

At the preliminary hearing in September, Kimberling was the principal witness for the prosecution, court documents say. Kimberling, a financial officer for the district, received and approved payments and other claims by Ely, the documents said.