Case of Lawyer’s Court Outburst Ends in Mistrial

A jury could not agree Friday whether a defense attorney committed a misdemeanor or merely exercised his right of free speech when he called a court bailiff an “ass” and allegedly challenged him to fight.

Daniel Thor Hustwit, 31, who faced up to 90 days in jail if convicted, claimed victory as a judge declared a mistrial and prosecutors said it is doubtful they will retry the case.

Sporting a pony tail, goatee and gold hoop earring, Hustwit said he was the victim of “selective prosecution” because of publicity surrounding the case. He called the outcome “a victory for the Constitution.”

City Atty. James K. Hahn defended the prosecution and 10-day trial, which cost $50,000, saying that the courtroom brouhaha disturbed the peace. But several jurors, who split 8 to 4 in favor of acquittal, criticized the charges.

“It was a waste of taxpayers’ time and money,” said juror Pauline Summers of Van Nuys. “Everyone involved could have settled it with a handshake.”

The trial stemmed from an incident in court March 14. Hustwit won a lighter sentence for a client after a contentious three-strikes hearing. He then called the prosecutor and bailiff Mike Ascolese “asses.” But he denied he had wanted to fight when he told Ascolese: “If you want a piece of me, take off your gun and badge and let’s go outside.”