SCWW: Judge recuses self from
second case involving find of chemicals
January 08, 2016
By Peggy Kelly
Santa Paula News
The Ventura County Superior Court judge who since August has been presiding over preliminary matters in the criminal indictments against the officials and managers of Santa Clara Waste Water - Green Compass recused himself Monday from hearing a second complaint against two defendants rearrested on new charges.
Early on in the January 4 hearing Judge David Hirsch announced that he was removing himself from the case connected to the December 11 arrests of company CEO William Mitzel and Assistant General Manager Marlene Faltemier.
Prosecutors filed new felony and misdemeanor charges against the two officials after investigators reported finding hazardous materials on the site a year after the November 2014 explosions and fires that injured dozens of people. Three Santa Paula and one Ventura County firefighter were among those that were exposed to dangerous chemicals and/or hazardous waste; two of the SPFD firefighters remain off duty while a third, who also never was cleared to return to work, recently retired. All reportedly are suffering from respiratory aliments.
Mitzel and Faltemier were charged in the second case along with SCWW and Green Compass.
The four defendants were also indicted in August on the major charges related to the explosion along with seven other company officials and managers.
At the hearing last month Barry Groveman, attorney for Mitzel and the corporate entities, told Hirsch that documents were being held by prosecutors and denied to the defense.
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 court Monday little was said as attorneys, prosecutors and the defendants appeared before Hirsch and were redirected to the courtroom of Judge Jeffrey Bennett.
Hirsch is not required to disclose why he recused himself but generally such a move is made when judges perceive they may have a conflict of interest or even the appearance of a conflict based on a personal or business-related relationship with any party involved in a court case.
The move obviously caught prosecutors and attorneys by surprise.
Whether Hirsch will recuse himself from the main case will be known at the January 14 arraignment for the case involving the November 2014 explosion that resulted in a 71-count indictment.
Bennett set a January 19 hearing on defense challenges filed Monday after Groveman said it could take a full day.
“It will be extensive,” said Groveman. “…It clearly is a complex case…”
Two of the original defendants who cooperated with the investigation have entered guilty pleas and are facing sentencing.
