VENTURA : Judge in Kochel Sex Case Disqualified

In a victory for prosecutors, the Superior Court judge who had been scheduled to sentence former Ventura High School football coach Harvey Kochel was disqualified from the case Tuesday.

Kochel, 48, pleaded guilty Nov. 5 to six felony counts of having sex with a teen-age student, and the case was randomly assigned to Superior Court Judge Charles R. McGrath for sentencing.

But prosecutors filed a motion to disqualify McGrath. “We just think another judge might be more appropriate,” Deputy Dist. Atty. Lela M. Henke-Dobroth said. She would not elaborate, but other prosecutors said McGrath is viewed in the district attorney’s office as sometimes being too lenient.

Under the law, either side in a case generally is permitted one opportunity to disqualify a judge without having to prove bias. But Kochel’s attorney, Louis B. Samonsky, challenged the motion to remove McGrath, saying it had not been filed promptly.

On Tuesday, Judge Lawrence Storch--who presides over the Superior Court’s criminal judges--granted the prosecution motion and disqualified McGrath from hearing the case. Storch said he will sentence Kochel at a hearing Jan. 19.

Samonsky deplored what he called “judge shopping” by prosecutors, but added: “I think it turned out all right. . . . We’re satisfied with Judge Storch.”

Deputy Dist. Atty. Saundra T. Brewer, who is prosecuting the case, said she also is content to have Storch decide Kochel’s sentence. “I think he will be fair,” she said.

Both sides said they think the Kochel sentencing will take a full day. Kochel, who faces a mandatory prison term of up to six years, remains free on his promise to appear in court. On Tuesday, Storch granted him permission to leave the state in mid-December for 10 days.

Samonsky said Kochel, who has been fired from his school job, will be helping to set up a new office in Hawaii for a company that the attorney declined to name.