Chemical explosions: SCWW officials’ hearing delayed after court clash

December 30, 2015
Santa Paula News

It’s becoming more apparent that the defense’s strategy is to put prosecutors on the offense following Monday’s clash during a court hearing for Santa Clara Waste Water-Green Compass and two defendants facing new charges including conspiring to hide dangerous chemicals from authorities.

William Mitzel, SCWW CEO and Marlene Faltemier, assistant general manager, were arrested December 11 on 11 criminal charges including felony reckless disregard for handling hazardous waste causing unreasonable risk, conspiracy to commit a crime, unlawful disposal of hazardous waste and submitting false statements.

The find of chemicals early last month was just short of a year of the November 18, 2014 toxic explosions and fires at the SCWW facility located at 815 Mission Rock Road. About 3:45 a.m. the rear of a vacuum truck exploded and spewed more than 1,000 gallons of chemicals. The incident caused bodily impairment to seven workers and more than a dozen other people. Among those injured from exposure to dangerous chemicals were three Santa Paula Firefighters; two remain off duty while one retired in recent weeks. All reportedly are suffering from respiratory aliments.

Mitzel and Faltemier also face special allegations that the crimes were committed while they were out on bail on a separate but related case, the host of charges stemming from the November 2014 incident that the two and seven other SCWW officials and managers were arrested for in August.

Santa Clara Waste Water and Green Compass were also charged in the case that resulted in 71 felony and criminal charges filed against the defendants after they were indicted by a Grand Jury.

In court Monday Barry Groveman, attorney for Mitzel and the corporate entities, told Judge David Hirsch that “unfortunately, we still don’t have discovery” after documents were denied the defense.

Groveman said after he contacted an Attorney General  Prosecutor— the state has joined Ventura County in prosecuting the case — he received an email reply that there was “some sort of a misunderstanding…” 

But, Groveman told the court, such documents “goes to the press pretty freely…”

“Approach the bench please,” Judge Hirsch said interrupting Groveman.

After a lengthy sidebar with attorneys and prosecutors Hirsh announced the hearing would be continued until January 4 at 9 a.m. Courtroom 12.

Mitzel and Faltemier, who are both out on bail, did not speak during the hearing.

Everything said prosecutor Karen Wold outside the courtroom is “about the District Attorney’s Office and accusations against it…the DA’s Office did not hide hazardous waste there and we did not cause,” serious injury to firefighters and others. 

It is increasingly obvious said Wold that the strategy of the defense is to avoid the facts of the case and instead focus on attacking the prosecution in an effort to intimidate them. 

Groveman and other attorneys first went on the attack December 1 when all the defendants still awaiting trial were making a court appearance.

Defense attorneys accused prosecutors of wrongdoing including making misleading statements and withholding documents, and stated they would seek to dismiss the charges. Groveman had filed a motion that was upheld in September by the appellate court seeking documents that prosecutors argued should be sealed before arraignment of the defendants because of the ongoing criminal investigation.

The December 1 appearance came on the heels of two of the original nine defendants pleading guilty to lesser charges, warrants revealing confidential informants that turned out to the be the two still awaiting sentencing, four firefighters — three Santa Paula and one Ventura County — filing lawsuits, the Attorney General announcing they would join the prosecution and the warrant search of Santa Clara Waste Water — Green Compass where 5,000 gallons of allegedly highly caustic chemicals were found. According to investigators a chemical was leaking from one tote and other totes were showing bulges. The totes were found in a storage container that had been on the premises prior to the November 2014 explosions and fire.

The companies’ officials and employees, including Board Chairman Douglas Edwards, are facing 71 counts of various felony and misdemeanor offenses related to the explosion.

A Ventura County Grand Jury issued an indictment against Santa Clara Waste Water, its parent company Green Compass, and nine company officials and employees in August after three-weeks of testimony involving almost 70 witnesses. 

The counts include conspiracy to commit a crime, disposal of hazardous waste, recklessly handling hazardous waste, known failure to warn of serious concealed danger and causing impairment to an employee’s body; three Santa Paula Firefighters remain off duty and in recent weeks filed a lawsuit seeking damages for injuries allegedly from chemical exposure.

All defendants remain free on $20,000 bail. Mitzel and Faltemier are facing additional charges stemming from the charges that led to their arrest in December.





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