Prosecutor Enters a Plea of Not Guilty in Assault Case

A senior Orange County prosecutor pleaded not guilty Tuesday to charges that he attacked the boyfriend of his estranged wife as the man slept at her apartment, police said.

Deputy Dist. Atty. Donald P. Schweitzer entered the Orange home without permission about 11:35 p.m. Friday, then repeatedly punched and choked Richard D. McGrath, 50, authorities said. McGrath suffered cuts and bruises to his face.

Police officers called to the home followed Schweitzer, 41, to the parking lot of an Anaheim hospital, where they arrested him on suspicion of burglary and assault with a deadly weapon.

The state attorney general’s office on Tuesday filed three felony counts--burglary, assault and battery--against Schweitzer, who prosecutes sexual assault cases. State prosecutors are handling the case because the district attorney’s office would have a conflict of interest because Schweitzer works there.

At an arraignment hearing Tuesday, Judge James A. Stotler reduced Schweitzer’s bail from $100,000 to $50,000. Police said they had originally sought a high bail because McGrath was seriously injured.

Ron Brower, Schweitzer’s attorney, disputed the police version of events, saying the prosecutor acted in self-defense.

Schweitzer went to his wife’s home to visit his three children, ages 3 to 7, in accordance with court-ordered visiting rights, Brower said.

When Schweitzer arrived, McGrath attacked him, Brower said. Schweitzer fought back, hurting his own hand during the brawl, the attorney said.

“He was defending himself,” Brower said. “The other person was starting the physical contact.”