People v. Lepe

Opinion

BUTLER, J.

Before assuming the office of district attorney for Imperial County, Thomas W. Storey defended Carlos Lepe in two criminal cases. The first charged assault on Betty Araujo. Joe Luis Herrera and Jesse Daniel Rodriguez were witnesses. The second charged intimidation of Herrera and Rodriguez, witnesses in the first case. Later, as district attorney, acting through an assistant district attorney, Storey signed and filed an information

[687]

charging Lepe with assault with a deadly weapon, a knife, on Herrera and Rodriguez and infliction of great bodily injury on Herrera.

1

Lepe’s motion to recuse the entire Imperial County District Attorney’s office was granted. The People appeal, contending abuse of discretion.

I

Penal Code section 1424

2

requires a motion to disqualify a district attorney must set forth a statement of facts relevant to the claimed disqualification with points and authorities and “. . . the motion shall not be granted unless it is shown by the evidence that a conflict of interest exists such as would render it unlikely that the defendant would receive a fair trial.”

The People say Lepe did not produce any evidence bearing on a conflict of interest such as to affect Lepe’s right to a fair trial.

3

It is true Lepe did not produce any witnesses and did not offer any documentary evidence. His counsel said, “. . . I will be requesting . . .” an

in camera

hearing outside the presence of the prosecution in which Lepe would testify concerning Storey’s representation in his earlier trials involving Herrera and Rodriguez. Lepe’s testimony would also concern his apparent plea bargain in the intimidation case.

His testimony further would be the basis to bar the use of that prior conviction which resulted in a prison term on the grounds of inadequate representation by Storey. The People objected to the