Powerful
gay men. Vulnerable teen-age boys. Murder. For years, some prominent
local men who led secret lives were rumored to be protected.
Whispers surrounding another important man's death prompt the
question: Is there really a conspiracy?
The rise of Ed Jagels
By ROBERT PRICE, Californian staff writer
e-mail: rprice@bakersfield.com
Monday January 20, 2003, 03:40:00
PM
John Harte / The Californian
Then-Deputy District Attorney Ed
Jagels speaks at a forum sponsored by The Californian
in his first race for district attorney in 1982.
Californian editor and co-publisher Ted
Fritts is seated at left. The forum became a watershed
event in Jagels' campaign for a first term.
Jagels, who grew up in the wealthy Pasadena-area enclave of San Marino,
went to prep school and graduated from Stanford University. He graduated
from San Francisco's University of California, Hastings College of
Law, and in April 1975, three months after passing the state bar exam,
joined the staff of Kern County District Attorney Al Leddy.
Jagels quickly established himself as one of the most vocal and
-- in the view of some Kern County judges -- troublesome prosecutors.
Jagels was rumored to have been the deputy D.A. who began calling
Superior Court Judge William Stone a "chicken," dubbing his courtroom
"Foster Farms" for Stone's alleged timidity on the bench, according
to The Californian.
Jagels was also critical of Superior Court Judge Marvin Ferguson,
whose courtroom came to be known as "Department 352" -- a reference
to the section of the state's evidence code that pertains to the
exclusion of prejudicial or misleading evidence.
The D.A.-Superior Court rift prompted Ferguson to make plans for
a run against Leddy in the 1982 election.
But Leddy was already leaning toward quitting. His reluctance to
indict former Police Commissioner Glen Fitts in the 1979 murder
of 14-year-old Dana Charlene Butler -- a month-long controversy
that prompted protesters to picket the courthouse and call for Leddy's
recall -- damaged the D.A.'s standing in the community.
When Leddy chose not to run, Jagels, 33, stepped into the void.
Ferguson was endorsed by 12 deputy district attorneys, including
Clarence Westra, Oliver Rostain, Richard Bradshaw and several of
the department's other high-profile prosecutors.
Jagels, who'd served as lead prosecutor in fewer than 10 jury cases,
had his share of supporters too, Leddy perhaps most prominent.
But Ferguson, endorsed by The Californian, Sheriff Charlie Dodge
and two of the three previous district attorneys, seemed the heir
apparent. Then, less than a month before the election, Jill Haddad,
who'd led a group of Leddy critics known as Mothers of Bakersfield
three years earlier, appeared at a campaign debate clutching a stack
of papers. It was a confidential file on a 4-year-old girl whose
mother's common-law husband had beaten her severely in September
1975. The girl had been taken into protective custody and the man
jailed.
At a hearing in January 1976, Ferguson had allowed the girl's mother
to reclaim custody -- against the recommendation of county child-welfare
workers. Eight months later, his jail sentence served, the common-law
husband beat the young girl to death.
At the crowded debate, Haddad demanded an explanation.
Ferguson stammered unimpressively. He apparently forgot that the
D.A.'s office had neglected to attend the girl's fateful custody
hearing, or even provide documentation supporting continued protective
separation for her.
"If they were serious ... there would have been a prosecutor there,"
Ferguson said the week following the debate.
It was too late. Jagels whipped Ferguson (who died in 1993) 56
percent to 44 percent, and he has run unopposed in the five elections
since.
According to a special Kern County grand jury report, issued in
July 1983, then Deputy District Attorney Coleen Ryan gave the file
to the Jagels campaign. While on maternity leave, she went to the
courthouse one Saturday with three fellow Jagels supporters, including
Deputy D.A. Bill Fisher, and read the confidential file. Ryan returned
four weeks later and got a copy of the file, after telling the clerk
she was on a special assignment for Leddy. Ryan then turned it over
to an aide to Stan Harper, Jagels' political consultant.
Haddad said she received the file anonymously in the mail.
Jagels refused to act on the grand jury's subsequent demand that
he discipline Ryan.
Ryan, later elevated to the Superior Court bench, died of cancer
in 2002.
"It's hard to discipline somebody that helped him get elected,"
then-Kern County Supervisor Gene Tackett said at the time.