OXNARD : Charge Upheld in Spousal Battery Case

A prosecutor who barged into a defense attorney’s office to subpoena a witness did not behave so badly that criminal charges should be dismissed against the defendant, a Municipal Court judge ruled Tuesday.

Although he found that the actions of Deputy Dist. Atty. Paul Junge were “highly inappropriate,” Judge Edward F. Brodie ruled that the defense was not harmed by the prosecutor’s conduct.

“I cannot conclude that this is outrageous conduct,” Brodie said.

The judge’s ruling means that Mitchell Blair, 38, of Oxnard, must stand trial on a misdemeanor spousal battery charge. The case is scheduled to return to court today for assignment to trial.

Blair’s case was in trial last month when Junge saw Blair’s wife, the alleged victim in the case, enter a conference room in the public defender’s office, according to court records. Moments later, he and a district attorney’s investigator entered the room without knocking and gave the woman a subpoena, Brodie said.

The judge declared a mistrial when he learned what happened, and Assistant Dist. Atty. Kevin J. McGee apologized to the public defender’s office.

However, the public defender’s office argued in court that Junge’s behavior was so inappropriate, it justified dismissal of the case. Deputy Public Defender Randolph Tucker said the incident interrupted Blair’s wife as she was about to recant her earlier statements to police about being beaten by the defendant.

Deputy Dist. Atty. Kevin G. De Noce, who said Junge has been removed from the case, argued against dismissal of the charge. He said Junge’s actions were improper, but dismissal was too severe a sanction.