Assistant D.A. Ed Fernandez still working for county
San Jose – A member of the Santa Clara County District Attorney’s Office was cited for misdemeanor possession of marijuana, according to San Jose police and a spokesman from the D.A.’s office.
Ed Fernandez, who served as prosecutor in Morgan Hill’s high-profile Darren Campodonica murder case last spring, was cited Dec. 17 but remains on the job.
“There’s going to be an internal investigation,” Assistant District Attorney David Tomkins said this week. “But that’s all I can say because it is a personnel matter. This is confidential.”
San Jose Police Sgt. Nick Muyo said officers found the small amount of marijuana – less than an ounce – when they went into his home for a welfare check at approximately 5pm on Friday last week.
“Apparently, Ed goes out the front door, it doesn’t close all the way behind him or it blew open, but some neighbors see the front door standing open and call police,” Muyo said. “When our officers arrive, Ed is not home. The routine procedure for us is to go inside to make sure there is no medical emergency or a burglary in process.”
The marijuana was found in the residence in plain view.
“Officers were not doing any kind of full-blown search for contraband,” Muyo said. “They were not opening drawers or kitchen cabinets, they were only looking in large areas where people can hide. They found a small amount of marijuana in plain view.”
While officers were finishing their search, Muyo said, Fernandez came home and was cited for possession.
Fernandez, who was on the job Friday, said he had only one statement to make.
“This is both a personal and professional embarrassment which will not impair my ability to prosecute cases fairly and justly,” he said. “I regret that this affair may present any appearance to the contrary.”
Muyo said he could not speak for SJPD about the effect the citation would have on Fernandez’s ability to do his job.
“That would be something for the District Attorney’s office, but I can say personally that having been in the detective division, I’m familiar with Ed, I’ve been to court with Ed, and I’ve never seen him do his job with other than the utmost integrity and care for his clients.”
Tomkins would not comment further on Fernandez; Chief Assistant District Attorney Karyn Sinunu was out of the office until Tuesday.
