FACING A MARIJUANA CHARGE, PROSECUTOR WILL RETURN TO JOB

Santa Clara County prosecutor Ed Fernandez, who was charged last
month with possessing a small amount of marijuana, is coming back to
work Monday and has been assigned to handle restitution cases.

Chief Assistant District Attorney Karyn Sinunu called the position
part of a new but important initiative to step up efforts to recover
money for crime victims.

Fernandez, who in December said he was 53 years old, is a veteran
deputy district attorney who had been on the domestic violence team
but was changing jobs before the marijuana charge. Sinunu said it had
not been determined at that time what his new job would be, but the
office recently settled on the restitution assignment.

"He made a bad personal choice that has never interfered with his
ability to be an outstanding lawyer," Sinunu said. "He is coming back
to be part of this office, and he will contribute as he always has."

Police arrived at Fernandez's home last month after a neighbor called
and said a door had been left open. When the officers arrived and
looked around, they found less than an ounce of marijuana.

Fernandez has been out of the office in recent weeks and could not be
reached for comment Thursday. But he told the Mercury News in
December that "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."

Sinunu, who is running for district attorney, declined to say whether
Fernandez is facing any discipline, calling it a personnel issue. But
if Fernandez was going through a disciplinary proceeding, it probably
would not be complete yet.

The misdemeanor charge carries a $100 fine but no jail time.