LONGTIME DEPUTY DA FACES MARIJUANA POSSESSION CHARGE

Veteran Santa Clara County prosecutor Ed Fernandez is facing a misdemeanor
charge of marijuana possession, police and prosecutors confirmed Friday.

Fernandez's citation is punishable by a maximum $100 fine, but no jail
time. For now, he remains on the job.

Chief Assistant District Attorney Karyn Sinunu said his future in the
office would depend on the results of an internal review conducted by
Assistant District Attorney Dave Tomkins.

"We are deeply disappointed," Sinunu said. "One of our prosecutors has
broken the law.

"There will be a full prosecution. This doesn't go away because he is a DA."

Fernandez, a 53-year-old deputy district attorney, has been assigned to the
domestic violence team, but was being moved to another position for reasons
unrelated to the charge, Sinunu said. He has been with the Santa Clara
County District Attorney's Office since 1985.

"It's a matter of serious personal and professional embarrassment from
which I am taking responsibility and for which I will accept the
consequences," Fernandez told the Mercury News when reached at his office
Friday.

When asked if the charge would affect his ability to prosecute cases,
Fernandez said: "I'm committed to the highest and best efforts to
administer justice in this county, and that's unwavering. I regret this may
give an appearance to the contrary."

San Jose police Sgt. Nick Muyo confirmed the citation and said that an
anonymous caller had contacted police at 5 p.m. last Saturday to say that
someone had left a front door open.

When officers arrived, they looked around the home to see if everything was
in order and found less than an ounce of marijuana.

When the prosecutor returned home, he was cited and signed a promise to
appear in court.

Fernandez declined to give any further detail about the incident.

Sinunu said Fernandez reported the charge to the office immediately.

If Fernandez decided to fight his charge, the office could decide to handle
the matter or refer it to another prosecutorial agency, such as the
attorney general's office, according to Sinunu.

"He's a top-notch prosecutor," Sinunu said. "He has handled serious cases
professionally and ethically."