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noholdsbarred - > No holds barred -> 'Dull' judge race is anything but
'Dull' judge race is anything but

Election season is such a weird, wonderful time. Take, for example, the campaign for two open judgeships.

A veritable stampede of lawyers pulled papers to run. We started with nine (9!) candidates — three vying for the retiring H.A. “Skip” Staley’s seat and the remaining six going after the retiring Clarence Westra’s seat.

Things heated up right off the bat when Ronald Carter, vying for Staley’s seat, dropped out rather than fight elections officials who said he was ineligible because of his on-again-off-again law license status.

The Staley seat has only two candidates and seems to have settled into a sleepy race with occasional public forums.

But scratch the surface of the slate running for Westra’s seat and things get more interesting.

First are rumors that Deputy District Attorney Holly Mitchell, who is black, once vowed to not prosecute African-Americans arrested in southeast Bakersfield because the Bakersfield Police Department engaged in racial profiling.

I personally heard this rumor from a couple of people and received an anonymous letter to that effect.

“That’s an absolute lie,” Mitchell said when I asked about it. “I didn’t say anything like that.”

The District Attorney’s office holds forums with the People’s Missionary Baptist Church in the southeast to increase communication, she said. These were forums she and other DAs helped start several years ago.

At one, she shared a story of how her son — who had never before or  since been in any kind of trouble — was stopped by police and made to lie on the ground at gunpoint.

“They were looking for a car similar to my Dodge Caravan that he was driving at the time,” she said.

She shared that story to explain that, as a mother, it was hard to think of her son held at gunpoint. But as an officer of the court, she knew the police had a job to do and needed to do it a certain way to ensure everyone’s safety.

“The stop wasn’t even based on race, it was because the car description matched what they were looking for,” she said with a hint of exasperation. This wasn’t the first time she’d heard the rumor.

“I prosecute cases based on the law, not who’s committed the crime. I don’t care if you’re African American, white, Hispanic or what. I prosecute what’s put before me.”

Though she works in truancy, she said last summer she prosecuted a few felony cases and, in fact, convicted two black defendants.

Also circulating on the rumor mill is a story about solo practitioner Frank Butkiewicz, Jr.

Back in 1991, it’s said, he grabbed a prosecution witness during a misdemeanor theft trial and was slapped with a hefty fine.

Butkiewicz laughed when I asked him about it.

He said a store security guard was testifying how he’d grabbed Butkiewicz’ client by the lapels and interrogated him.

So, Butkiewicz approached the security guard and put his hands on the guard’s lapels to show the jury.

“Is this what you were doing?” Butkiewicz remembers asking the witness.

No one objected. The judge, then Court Commissioner Lee Felice, didn’t say anything.

Days after the trial Butkiewicz learned a bailiff had made a report about it.

“So, the DA and the judge and I got together and said next time, I need to ask to approach the witness,” Butkiewicz said. “And the judge had me give $100 to charity and it didn’t go any further.”

As for why it’s coming up now?

“I have no idea. I’m not embarrassed by it. I thought I was doing my duty as an attorney.”

He couldn’t remember if the client was convicted.

The buzz isn’t limited to old rumors. Some people were upset that Rep. Kevin McCarthy, R-Bakersfield, and former Congressman Bill Thomas, made recorded calls stumping for candidate Matt Brady.

It does seem like heavy-handed politics in a non-partisan race.

But, like everything in Kern County, you have to remember the connections. Brady worked for Thomas in 2000 as counsel for the House Administration Committee, which Thomas chaired.

Brady was the GOP Central Committee chairman, vice chair and treasurer going back to 2000.

During his stint as treasurer, he was a central figure in a dust-up that resulted in the Kern Central Committee receiving a $10,000 fine from the California Fair Political Practices Committee.

The state party asked local chapters to take money from an insurance company and funnel it to three Republican assembly candidates in tight races in other parts of the state.

The Kern committee moved $150,000 and was dinged for contributing more than was allowed to two of the candidates.

Back in 2004 when the fines were announced, McCarthy, who admitted he was involved in the deal, chalked it up to not knowing the laws. More recently, he told me, Brady was just following what the committee directed him to do.

I asked Brady how that bodes for someone who is seeking a judgeship? Shouldn’t judges A) know the law and B) rely on their own, er, judgment?

Brady acknowledged his responsibility, saying he had relied on advice from the state party and the lesson has been invaluable, if painful. (The state party, by the way, actually took care of the fine, according to Brady.)

“When you’re in public service, you’re going to have bumps and bruises,” he said. “I got bruised on this one.”

Now, he demands more information and is more critical of it. He’s more thorough, he said. “I’m a better lawyer today because of what I went through.”

As for being part of the political “machine” of Mark Abernathy, campaign consultant for Thomas, McCarthy and now Brady, he said he’s just going with what works.

“Abernathy has a record of success in this community.”

Then, of course, there’s candidate Michael Gardina, who only recently emerged from under the cloud of a contempt of court inquiry for his actions during one of the most sensational murder trials in Bakersfield’s history.

At the end of the Vincent Brothers murder trial, Judge Michael Bush accused defense attorneys Gardina and Anthony Bryan of disobeying an order to share information with the prosecution. Earlier this month Judge John Oglesby threw out the complaint.

I hate to say the last two candidates, Public Defender Tony Heider and attorney Charles “Chip” Brehmer, are dull by comparison.

Come on, guys. Whatcha got? The clock is ticking!

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her  column appears Wednesdays and Sundays. Call her at 395-7373 or e-mail lhenry@bakersfield.com

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posted by noholdsbarred on Tuesday, May 27, 2008 at 07:00 PM
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posted by adampayne on May 27, 2008 at 09:12 PM

If by comparison you mean quiet with no blatant partisanship fueling much of the hyperbolic talk, I'll take Tony Heider and Charles "Chip" Brehmer any day.


posted by TheOldWays on May 28, 2008 at 09:41 AM

Seriously, it's really annoying and frankly disgusting that partisan politics are playing a role in a nonpartisan election. And how is a corporate lawyer like Brady qualified to help with the current backlog in the criminal courts. We really need another judge working in the criminal courts right now. So, I'm voting for Errea and Butkiewicz. I've spoken to several lawyers as well as two Superior Court judges and by all accounts those two would be good choices and people actually want to work with them.

posted by cos on May 28, 2008 at 11:32 AM

Lois, I am a white male Republican Prosecutor (this seems important since you have raised the racial card), who supports Holly Mitchell's election for Judge.  I assisted with the organization of the Southeast Bakersfield Community Forums and worked with Southeast community members for 10 of the last 15 years to suppress gangs/narcotics.   All law enforcement is invited to each Community Forum; BPD has attended every event.   I heard Holly Mitchell speak (in front of BPD) the very lines now distorted to substantiate your "Rumor".  Please note that other prosecutors and law enforcement officers were present as well.  The whole purpose of the Community Forums is to establish a basis of trust between Southeast Communty and law enforcement and provide valuable info to the community.  Holly Mitchell is an invaluable spokesperson/representative for the DA's office for these Forums. You and your supervisor have specifically decided to propagate and confirm the belief in Southeast Bakersfield:  "the Bakersfield Californian will slander an African American who displays success in this community."   These statements and feelings have been repeated over and over by southeast community members, not Holly Mitchell, but community members directly to me for the last five years.

For four years, I personally asked Southeast community members to invite the media to the next Community Forum.  The members overwhelmingly stated that the newspaper would blow a sentence or a question out of proportion.  They cited example after example.  I insisted that local media would be fair, responsible, and could assist the community by publicizing the next Community Forum.   I was and am incredibly wrong.  Lois, you and your supervisor know better.   You were a reporter, an editor, and now a columnist.  Inexperience can not be an excuse; this is a deliberate racial card, based upon lies, being raised by your newspaper to distort an election.  I recognize your license to inflame the community to sell more papers.  Please, however, use better judgment; base your columns on facts not made-up fiction when dealing with sensitive community topics. 

Craig Smith

Prosecutor

posted by Horatio on May 28, 2008 at 12:27 PM

Chip Brehmer, who is endorsed by the retiring Judge Westra, the Bakersfield and Kern County Firefighters Unions, Kern Law Enforcement Association, Kern County Sheriff's Commanders Association, many prominent attorneys and business people, and a number of Kern County Deputy District Attorneys, may be "dull" by Lois' way of thinking.  And that's okay, the way she defines "dull", as not having any dirty secrets to attack.  Gosh, that doesn't sell newpapers.  But the way I see it, he is the best candidate for Judge Westra's seat.  He has experience as a trial lawyer, a Judge Pro-Tem, a Judicial Arbitrator, and a Judicial Mediator for the Kern County Superior Court.  None of the other candidates have that kind of experience.  I've listened to him speak a number of times, always knowledgeable about his subject matter, fair in his presentation of facts and deliberate in considering all sides of an issue.  Brehmer's just the kind of "stand-up guy" the citizens of Kern County need.  I'm voting for him on June 3rd....I hope you do!

posted by OldBlue56 on May 28, 2008 at 03:35 PM

If I would have been on the stand testifying, and Frank Butkiewicz Jr. would have grabbed my lapels to make a point, I would have punched him in the face, taken him to the ground, handcuffed him, and arrested him for battery.  

posted by TheOldWays on May 28, 2008 at 03:59 PM

Just proving what we all already know OldBlue, that you're not a nice person. I would hope that if you were to do that, you would be the one prosecuted. Although, you're a big fan of Jagels. I'm sure he would have let you walk anyway since you seem to be a part of that good ol' boy's club.

posted by noholdsbarred on May 28, 2008 at 04:49 PM

Craig:

The rumor I wrote about was not created by me. It was in fact, told to me by several sources in the law enforcement community. People believed Mitchell said something different from what she actually said and it tainted their opinion of her. I thought it needed to be addressed to set the record straight.

I didn't pull any "race card" and in no way reduced Mitchell's accomplishments by rebuking the rumor. I'm sorry you see it otherwise.

Horatio:

I was being somewhat flippant by calling Heider and Brehmer "dull." But I did want to draw attention to this race and at least get people thinking about it as an important decision. Whether that "sells more papers," I'm not sure

posted by Horatio on May 28, 2008 at 05:02 PM

Lois - Thanks for the clarification.  Yes, this is an important race for all of Kern County.  We need a judge who applies the law as written, not someone who will attempt to use the law to promote his or her own beliefs.  And we certainly don't need more Abernathy puppets in positions of power here.  Chip Brehmer says what he means and means what he says.  He is the best candidate!

posted by OldBlue56 on May 28, 2008 at 07:07 PM

theoldways.... being a nice person has nothing to do with this. Would you allow some defense attorney, or anyone, to reach over and grab you to make a point? 

You must be a momma's boy....

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