Lawyer Faces Trial in Name-Calling Incident

Refusing to apologize for calling an opposing attorney an “ass,” a defense lawyer headed for trial Tuesday for allegedly violating a law making it a crime to use “offensive” language in public that could provoke a fight.

If convicted, Century City lawyer Daniel Hustwit could be sentenced to up to 90 days in jail and fined $400 for the March 14 outburst in Van Nuys Superior Court. Plea negotiations Tuesday failed to resolve the unusual case.

Decked out in a suit and sporting a ponytail, Hustwit refused Tuesday to plead guilty or no contest to the misdemeanor charge and pay a $250 fine.

“The answer is no,” Hustwit said after his attorney detailed one plea bargain offer to him. “That’s just not going to happen. If the jury thinks I did something wrong, then let them decide it.”

Hustwit allegedly called Deputy Dist. Atty. Michael Pargament and bailiff Michael Ascolese “asses” and then challenged Ascolese to a fight. Hustwit acknowledged the insult, but denied he had sought a fight.

Jury selection was expected to begin Tuesday afternoon, but Van Nuys Municipal Judge John P. Doyle held a series of meetings in his chambers during the afternoon court session in an unsuccessful effort to avoid a trial.

When Ascolese made a surprise appearance in the courtroom, Hustwit asked the bailiff whether he was “here to spectate again?” as he walked by him on his way to the judge’s chambers.

Hustwit said later that another proposal was made that would postpone the case indefinitely and that as long as he didn’t run into any similar problems during that period, the case would be dismissed. No agreement, however, was reached on the proposal, and as they left court Tuesday, both sides said they expected jury selection to begin today.

If the case goes to trial, Hustwit’s attorney, Charles Kelly Kilgore, said he would argue that Hustwit’s action did not constitute a crime.

“There’s little dispute on the facts of this case,” Kilgore said. “What it’s going to boil down to is does a jury think a crime was committed.”

Deputy City Atty. Daniel A. Kleban said he was not surprised to hear that Hustwit believes he didn’t commit a crime.

“Isn’t that kind of always the case with a defendant,” Kleban said. “Obviously we feel a crime was committed.”

The case stems from a contentious hearing in March in which a judge agreed to the three-year sentence Hustwit proposed for his client, rather than the life term sought by Pargament. As Hustwit was leaving the courtroom, he said, he caught Pargament and Ascolese glaring at him, so told each of them that they were “asses.”

Moments later, Hustwit contends, Ascolese “got right in my face, stared at me in the way a man looks at another man he’s about to fight.” Hustwit says he told Ascolese, “If you want a piece of me, take off your gun and badge and let’s go outside.”

A fight didn’t erupt, but Hustwit was detained and later charged with using “offensive words in a public place which are inherently likely to provoke an immediate violent reaction.”

The city attorney’s office has contended that the charge was based not on Hustwit’s language, but on his challenging the deputy to a fight. Hustwit, however, said he believes he is being charged for using offensive language and that he was responding to Ascolese’s challenge to fight, not issuing a challenge himself.

Hustwit said he had also refused an offer made several weeks ago by city prosecutors to dismiss the case in exchange for an apology.

“I didn’t do anything wrong,” Hustwit said.