MORGANTOWN — Monongalia County Prosecutor Perri DeChristoper will not need to recuse herself or her office from the prosecution of Eric Kendzerski.
So ruled Chief Circuit Judge Susan Tucker Tuesday when she denied a motion requesting just that.
Tucker said she respected Defense Attorney Andrew Mendelson’s effort, but DeChristopher’s behavior, as described, did not reach a level that would require the removal of neither her nor Assistant Prosecuting Attorney Gabrielle Mucciola, who is handling the case.
DeChristopher testified under oath and re-iterated the statements made in her response to Mendelson’s motion — nothing improper happened on a 42-minute phone call initiated by Kendzerski, who called her office.
Kendzerski is charged with violation of a protective order and harassment.
During the call, DeChristopher informed him of the penalty for his charge, advised him to get an attorney and offered to help him get a court-appointed one. The facts and circumstances of the case were not discussed, DeChristopher testified.
Mendelson said his client “made admissions” and that those admissions were privileged information. He said it didn’t seem fair that a prosecutor could talk about the merits of a case and then continue to prosecute the case.
Tucker said DeChristopher’s testimony aligned with what she would expect the prosecutor to do if a defendant called her and asked questions.
Mendelson was encouraged by Tucker to appeal her decision if he believed it was the right thing to do for his client and promised no vindictiveness would come of it. She said when she’s wrong, she wants to know and wants the mistake corrected.
Mendelson, an assistant state’s attorney general, said he took time off work to prosecute the case and wasn’t representing his employer. DeChristopher noted his employment and possible ethical concerns in her response.
“Unfortunately, we were only made aware of this representation after it occurred,” Curtis Johnson, press secretary for the West Virginia Office of the Attorney General, said. “We are closely reviewing this matter and will ensure all steps are taken to protect the integrity of the state and our office.”
