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Husband wants charges against Adams County prosecutor dropped

by Cameron Probert<br
| April 21, 2009 9:00 PM

EPHRATA — Randy Fair, who accused his wife of biting, scratching and hitting him with a baseball bad, asked for the charges of assault in the fourth degree-domestic violence to be dismissed against his wife.

Former Grant County deputy prosecutor Carolyn C. Fair, 43, Moses Lake, is charged with fourth degree assault-domestic violence.

She now works as a contract prosecutor for Adams County, but was placed on administrative leave after the incident. She resigned from Grant County in March.

Randy Fair wrote in a declaration the alleged incident was “blown way out of proportion,” according to Grant County District Court records.

The couple were reportedly having an argument about Randy Fair talking with a former mistress, when she told him to leave. Carolyn Fair claimed she went upstairs to the bathroom with him following and he prevented her from closing the door. After the incident, she left the house and Randy Fair called the police.

Her husband accused Carolyn Fair of hitting him with a baseball bat during the fight. Police noted he had a bruise on his upper arm.

Randy Fair stated in court records that he told police he didn’t want his wife arrested, he wanted to diffuse the situation.

He asked Grant County Prosecutor Angus Lee to drop the charges, but Lee told him the case would be handled by Kittitas County Prosecutor Greg Zempel.

Lee said he attempted to contact Zempel April 13, but was unable to reach the prosecutor until three days later.

On April 13 Carolyn Fair received a preliminary appearance in district court, where Lee acted as prosecutor.

It was continued on Friday with Grant County Deputy Prosecutor Eric Puccio handling the proceedings.

“I wanted to make sure the matter was handled correctly. When you have something that’s this important you want to make sure it’s handled correctly,” he said.

Zempel asked the Grant County Prosecutor’s Office to handle the arraignment on Friday because he was unable to attend due to scheduling problems, Lee said.

“We just needed to be present at the arraignment,” he said. “If somebody asks you to handle the arraignment it’s professional courtesy that you handle the arraignment.”

Fair’s attorney, Robert Schiffner, asked for the charges to be dismissed during her arraignment on Friday, according to  court records.

Court commissioner Brian Barlow stated the motion would need to be submitted in writing.

Schiffner asked for the dismissal because the victim Randy Fair has “repeatedly requested” the charges be dropped.

He also said Lee should not have been in district court on April 13 because it was a conflict of interest for him to handle the case.

Carolyn Fair’s next court appearance is scheduled in May.