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California case has local twist for judge

An investigator pokes around Pinellas for information on a circuit judge, raising concerns from his local attorney.

By WILLIAM R. LEVESQUE

© St. Petersburg Times, published October 17, 2001


An investigator pokes around Pinellas for information on a circuit judge, raising concerns from his local attorney.

The misdemeanor criminal case against Pinellas-Pasco Circuit Judge Charles Cope is entirely a California affair, his lawyers say.

The alleged crime took place in Carmel, Calif. That's where Cope was attending a judicial conference when, police say, two women staying at a hotel accused him of trying to get into their room as they slept.

But an investigator for California prosecutors is spending three days in Pinellas this week seeking information about Cope, material his lawyers say wouldn't even be admissible at a trial now scheduled for Nov. 26 -- in California.

Cope's local attorney said he is puzzled by the background investigation, calling it a "childish" attempt to dig up dirt on the judge.

"I've never heard of sending an investigator 3,000 miles to do work on a misdemeanor case," said attorney Lou Kwall. "It makes no sense to me. You have to ask yourself what their motive is. They either have evidence in their case, or they don't. I think it shows they don't think they have a strong case in California."

Ed Hazel, managing district attorney in Monterey County, said it isn't uncommon to conduct a background investigation in a misdemeanor case and to chase down leads, no matter how far afield.

He said Monterey County investigator James Brown already was in Florida on unrelated business, so it made sense to work on Cope as long as he was already in the state.

"We're just following leads we've developed from other sources," Hazel said, declining to detail those leads. "If the information we get is admissible, then great. If not, then so be it. The defense would criticize us if we knew of something and didn't investigate it fully. We can't win either way."

Brown even contacted a reporter for the St. Petersburg Times on Monday to "exchange some information." The reporter declined.

Among other things, Brown said he was investigating whether Cope has ever been accused of sexual misconduct or attempted burglary.

Brown also said he was looking at Cope's 1992 election to the bench, though prosecutors declined to say what relevance that has to the criminal case.

Cope, 52, faces five misdemeanor charges, including prowling, aggravated trespassing and peering into an inhabited dwelling. Cope has pleaded not guilty and calls the case a "huge misunderstanding."

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