MORGANTOWN — In her response to a motion requesting her office be recused from a case for unethical conduct, Monongalia County Prosecutor Perri DeChristopher denied any wrongdoing.
“The miscarriage of justice that has occurred in this case is that the defendant obtained his ‘best friend’ as counsel,” DeChristopher wrote. “Following the revocation hearing, [where Eric Kendzerski’s bond was revoked] counsel became emotional and lamented that he let his ‘best friend’ down.”
Defense Attorney Andrew Mendelson “obviously” has a personal interest in the outcome of the case, the response said.
Mendelson filed the motion Friday, requesting the Monongalia County Prosecutor’s Office be recused and a special prosecutor appointed for his client, Kendzerski. It accused DeChristoper of numerous violations of ethical conduct — including speaking to Kendzerski on the phone when he had no legal representation.
Mendelson, an assistant state’s attorney general, said he is representing Kendzerski for free and took time off for the case. DeChristopher’s response noted Mendelson’s employment by the state and his representation of Kendzerski against the State of West Virginia. The ethical ramifications of Mendelson’s representation are unknown at the time of the response’s filing, but will be determined, a footnote in the response said.
The motion to recuse and its “unnecessary vitriol” was filed only after Kendzerski wasn’t provided a favorable plea agreement, the state’s response said. It seemed to be “retaliatory in nature and tone, ranting against a public official simply carrying out the duties of her office.”
DeChristopher said she spoke with Kendzerski on Dec. 12, 2018, when he called her office. An assistant prosecutor was also in the room, and the call was on speaker phone. DeChristopher said she confirmed Kendzerski did not have an attorney at the start of the call, and he insisted he did not want to hire one.
Kendzerski wanted to reach an agreement preventing a conviction, DeChristopher wrote. She said there wouldn’t be an agreement and the case was being assigned to an assistant prosecuting attorney.
DeChristopher suggested Kendzerski get a lawyer and told him he could have one appointed if he couldn’t afford one. Kendzerski then went to “great lengths” to discuss his employment history and financial situations — again saying he would not request a court-appointed lawyer.
Kendzerski was also given advice to remove himself from the situation with the victim and to consider spending the holidays with his family out of town. That advice was not legal in nature, though, DeChristopher wrote.
The response described the call as lengthy and said DeChristopher didn’t speak much and Kendzerski was difficult to understand at times. At no point were the charges against him discussed.
DeChristopher said she followed the rules determining interaction with a defendant who does not have representation and she takes “great exception” to the allegations made in the recusal motion.
“The Prosecutor advised the defendant to secure legal counsel and even offered to aid in that endeavor. No additional legal advice was given,” the response said.
A significant number of the thousands of misdemeanors prosecuted each year go forward with defendants not having a lawyer, and it’s a prosecutor’s duty to speak with the defendants and reach agreements with them, DeChristopher wrote. She said the defendants are treated fairly and respectfully.
DeChristopher also denied vindictiveness on the part of an assistant prosecuting attorney. The actions taken were used in hundreds of similar domestic violence prosecutions.
Two cases referenced in Mendelson’s motion had nothing to do with Kendzerski’s case and were brought up in an effort to smear the reputation of DeChristopher and her office, she wrote.
A hearing will be held April 2 before Monongalia County Chief Circuit Judge Susan Tucker.
