Charges Could Fall After Eavesdropping

Reviving a sensitive issue for prosecutors, a state appeals court Wednesday indicated that it is considering dismissing charges against a Ventura burglary defendant because a deputy district attorney eavesdropped on one of his private conversations.

In June, Ventura County rejected a motion to drop charges against 30-year-old Robert Lee Morrow because Deputy Dist. Atty. Stacy Ratner and another member of the prosecutor’s office had eavesdropped on a conversation between the defendant and his lawyer.

But the Ventura-based 2nd District Court of Appeal ordered prosecutors on Wednesday to attend an upcoming hearing on the matter and provide a reason why the appeals court should not dismiss the charges.

“They really want to say something about this case,” said Deputy Public Defender Christina Briles, who specializes in writs and appeals. “They want to issue an opinion about what happened and how they feel it should be handled, and this is the opportunity to do that.”

Morrow is accused of breaking into a Port Hueneme motel last September. The eavesdropping occurred when Morrow was talking with his attorney, Deputy Public Defender Mary Fielder, in a holding cell adjacent to a county courtroom.

Chief Deputy Dist. Atty. Kevin J. McGee acknowledged that it is unusual for the appeals court to order prosecutors to appear at a hearing before issuing a ruling. But, he said, prosecutors are not surprised by the command. “It was an unusual case,” McGee said of the eavesdropping allegation.

The public defender’s office filed an appeal soon after Superior Court Judge Charles W. Campbell Jr. rejected a motion to dismiss the charges against Morrow, who is being held at the Ventura County Jail. Until a decision in the matter is reached, the appeals court ordered Campbell not to proceed with Morrow’s trial.

Ratner has been transferred from felony prosecutions to the child-support unit. The second district attorney’s office employee involved in the eavesdropping, investigator Katherine Smith, has not been reassigned.