The Mercury News

Judge: Rep. Duncan Hunter’s trial can detail alleged affairs

- By Elliot Spagat

SAN DIEGO » Jurors can hear evidence of U.S. Rep. Duncan Hunter’s alleged extramarit­al affairs when they consider charges that the California Republican looted campaign cash to finance vacations, golf outings and other personal expenses, a judge said Monday.

Prosecutor­s revealed salacious details about the married congressma­n’s lifestyle in court filings last week, saying he used campaign money to illegally finance a string of romantic relationsh­ips with lobbyists and congressio­nal aides.

U.S. District Judge Thomas Whelan said the allegation­s were relevant to whether campaign money was spent illegally and spoke to motive and intent.

Hunter’s attorney, Gregory Vega, argued that any mention of extramarit­al affairs and “personal indiscreti­ons” would be “extremely prejudicia­l” at a trial set for September.

“I’m afraid that it will be the focus, instead of the evidence,” Vega said.

The judge acknowledg­ed that the allegation­s were sensitive. He said prosecutor­s and Hunter’s team could agree on mutual terms to describe the relationsh­ips.

The judge was asked to determine if the value of testimony about Hunter’s affairs outweighed any prejudice that jurors may have against the congressma­n. Shaun Martin, a law professor at University of San Diego who has followed the case, said the judge “got it right.”

“The evidence about the affair will definitely make Hunter look bad to the jury, but it’s also relevant,” Martin wrote in an email. “Defendants sometimes commit crimes for unseemly reasons, but those reasons get introduced at trial . ... It’s a bad day for Duncan Hunter.”

Hunter’s attorneys have suggested that any expenses for alleged affairs had a profession­al purpose because the women were lobbyists and that the spending could be considered campaign-related.

“The defense can argue to the jury that the expenses were legitimate payments to a lobbyist. But I wouldn’t be surprised if a jury concluded that there were ulterior motives for payments to one’s mistresses,” Martin wrote.

The judge, ruling on a flurry of procedural motions, didn’t address Hunter’s bid to dismiss charges or move the trial out of San Diego. Whelan said Hunter could keep speaking publicly about the case.

The Republican congressma­n, an early supporter of President Donald Trump, sat quietly next to his attorney during the hearing. Outside, about two dozen protesters surrounded and shouted at him on his short walk to a car with a waiting driver.

His father, former U.S. Rep. Duncan Hunter Sr., told reporters that the charges were politicall­y motivated. Attorneys for the congressma­n have argued that prosecutor­s tied to the case were at a Hillary Clinton fundraiser in August 2015 and tried to get a photo with the Democrat, compromisi­ng their impartiali­ty.

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