SCWW-GC criminal cases on hold while Appeals Court weighs conflict issue

June 01, 2016
Santa Paula News

The criminal case against Santa Clara Waste Water-Green Compass and its top employees has been put on hold by the Second Court of Appeals, which was asked by the trial’s presiding judge to rule on whether a law firm he recused should remain off the case.

Ventura County Superior Court Judge Kent Kellegrew, who had sent the unusual case to the higher court, announced at the May 24 hearing that the Sixth Division of the appeals court issued a stay on May 13 in the criminal case against Santa Clara Waste Water, its parent company Green Compass, CEO William Mitzel and Assistant General Manager Marlene Faltemier. 

The companies, Mitzel and eight other defendants are facing similar felony and misdemeanor counts related to the November 18, 2014 explosions and fire at the wastewater facility on Mission Rock Road, west of Santa Paula. 

The explosion caused injuries to those on and off the scene as well as to first responders, including three Santa Paula Firefighters, all later hospitalized with respiratory issues; two have since medically retired. Dozens of people had to be treated for potential exposure including at Ventura County Medical Center where healthcare workers became ill. 

Evacuations were ordered and a state of emergency was declared in Ventura County as investigators from county, state and federal agencies — including the Environmental Protection Agency and the FBI — set up and maintained a command post nearby.

After a months long investigation and three-weeks of testimony a Ventura County Grand Jury indicted the companies and employees in August on multiple felony counts ranging from handling hazardous waste with reckless disregard for human life, conspiracy to commit a crime and committing violations causing bodily injuries to withholding information about potential danger to the community, and other charges.  

Hazardous chemicals found in a storage locker led to the December filing of a second case against the two companies, Faltemier and Mitzel, also part of the review by the appellate court that Kellegrew requested based on his May 2 ruling removing defense attorneys based on conflict of interest.

Kellegrew had ruled the law firm Musick, Peeler & Garrett LLP, which represents Mitzel and the two companies, had to step back from the case due to a conflict of interest involving the firm and former Ventura County District Attorney Michael Bradbury, who had conducted an internal investigation into the cause of the explosion on behalf of Santa Clara Waste Water. Bradbury was hired by Musick, Peeler & Garrett to conduct the investigation.

Senior Deputy District Attorney Karen Wold said some of the defendants believed Bradbury was their attorney and provided statements to him that some now fear could be used against them in the criminal case. Two defendants in the case entered guilty pleas on some of the charges in November.

At the May 24 hearing, Kellegrew said, “I believe I am precluded from taking any action. It’s incumbent for us to wait,” for the higher court’s decision to “give us direction on how to proceed…”

At the end of the brief hearing Kellegrew thanked the prosecutors and attorneys “for the courtesy of being here…I plan on managing this case and bringing it to closure.”





Site Search

E-Subscribe

Subscribe

E-SUBSCRIBE
Call 805 525 1890 to receive the entire paper early. $50.00 for one year.

webmaster