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Calif.
Prosecutor Suspended For Handling
of Smart Connection
A
deputy district attorney was suspended after his handling of
a sexual battery case came under scrutiny by Utah detectives
investigating the disappearance of Elizabeth Smart.
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November 3, 2002
California prosecutor suspended after case is scrutinized in
Smart investigation
SANTA ANA, Calif. (AP) -- A deputy district attorney
was
suspended after his handling of a sexual battery case came under
scrutiny by Utah detectives investigating the disappearance
of 14-year-old Elizabeth Smart.
Randy Payne, a veteran sex-crimes prosecutor in Orange County,
was placed on paid administrative leave Oct. 4, the Los Angeles
Times reported Sunday.
Payne was
suspended after questions were raised about a plea
bargain in the case of a man who is being investigated by Utah
authorities for a possible connection to Smart, who disappeared
from her Salt Lake City bedroom June 5.
James Witbaard, 51, was arrested in California in January on
suspicion of fondling two girls who lived in his neighborhood.
He spent 23 days in jail before posting bail.
Salt Lake City police became interested in Witbaard after
learning he visited Utah during the summer while out on bail,
said Salt Lake City Police Capt. Cory Lyman, commander of a
task force investigating Smart's disappearance.
In July, a month after Smart's disappearance, Witbaard pleaded
guilty in California to felony sexual battery involving the
two neighbor girls and was sentenced to time served plus five
years' probation and counseling.
He was later arrested again after authorities received a tip
that he was leaving California without permission from his parole
officer.
During a search of Witbaard's car, probation officers found
a
kitchen knife, an ax and photographs of women and girls in bathing
suits and underwear, according to a probation report.
Investigators vacuumed the car for potential evidence, such
as hair or clothing fibers, and Utah authorities sent the evidence
to a crime lab, where it is being evaluated, Lyman said.
Lyman stressed that Witbaard is one of several people
investigators are examining and that they have no direct evidence
linking him to Smart's abduction.
Deputy Public Defender Doug Lobato said he believed Witbaard,
who is now being held without bail, had nothing to do with Smart's
abduction and predicted detectives would soon turn their attention
to other suspects.
He said Payne handled Witbaard's case responsibly, and the plea
bargain was fair because the charges did not involve significant
sexual contact.
Several prosecutors, judges and defense lawyers expressed
surprise at Payne's suspension. They described him as a fair-minded
and tough prosecutor who has handled several high-profile child
molestation cases.
"He's the best trial lawyer I've ever had in my court,"
said
Orange County Superior Court Judge Suzanne S. Shaw, who recently
presided over a case that Payne prosecuted. "He knows the
evidence inside and out. He doesn't have an agenda."
Orange County District Attorney Tony Rackauckas declined
newspaper requests for comment. At the time of his arrest in
January, Witbaard was on probation for the sexual battery of
a 40-year-old woman in Huntington Beach.
(Copyright 2002 by The Associated Press. All Rights Reserved.)
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