Rep. Duncan D. Hunter (R-Alpine) has fired his three trial attorneys, and the U.S. Attorney has filed papers seeking to disqualify his remaining trial attorney, former District Attorney Paul Pfingst.
Hunter’s trial is set for Jan. 22 on 60 counts of campaign corruption charges in U.S. District Court. Hunter’s appellate attorney will continue to handle an appeal before the 9th U.S. Circuit Court of Appeals that is asking for the charges to be thrown out. That attorney is not involved in the trial.
Pfingst signed on to represent Hunter on Oct. 28. Attorney Greg Vega wrote a declaration last week that said it was Hunter’s decision to terminate him and two other attorneys.
The U.S. Attorney’s office wants Pfingst disqualified because his firm, Higgs, Fletcher & Mack, represented witnesses who testified before the grand jury which eventually indicted Hunter in Sept., 2018.
The court papers say those same witnesses will likely testify in Hunter’s trial and that is a conflict.
“Higgs is faced with an actual conflict and unwaivable conflict of interest because it has represented since early 2017- and continues to represent–multiple witnesses in this action,” states the motion.
“Such joint representation by a single law firm of both a defendant and adverse witnesses in the same criminal case presents a textbook conflict of interest that is anathema to the fair administration of justice,” the U.S.
Attorney’s office states.
“The only appropriate solution in the face of these actual conflicts is disqualification of counsel,” states the motion. “It is simply inappropriate for defense counsel to cross-examine a former (or worse, a current) client
who has testified adversely to the defendant’s interests,” the
motion says. The motion says the U.S. Attorney’s office has not been able to find a single case in which a
court approved of a law firm that represents both a defendant and a key witness in a criminal trial that it has previously represented. One key question is whether Pfingst represented these other witnesses or was it other attorneys within the same law firm. Pfingst could not be reached for comment at press time.
It is possible that Hunter terminated the other lawyers simply because he ran out of funds for legal expenses. Retaining four attorneys for a trial would have to be very expensive. It is possible the appeal and this disqualification quest may not be over by the time of trial, so it could be delayed.
Meanwhile, Margaret Hunter, 44, of Alpine, had her sentencing date moved to April 13. She has pleaded guilty to conspiracy to use funds from her husband’s campaign for personal items.
Margaret Hunter could get five years in prison. She has also agreed to testify against her husband. Duncan Hunter re-paid his campaign about $60,000 of his own funds several years ago which he said represents the
amount used in personal expenses. However, the charges state he and his wife used $250,000 in campaign funds for personal use.
Duncan Hunter, 42, says the charges against him are a partisan witchhunt and he has pleaded not guilty. He faces a reelection primary on March 3.
Both Hunter and his wife are free on bond.
