Judge dismisses restraining order against D.A.’s husband
August 15, 2005
A judge on Friday dismissed a temporary restraining order brought against the husband of the 9th District’s top prosecutor, saying the evidence did not support making it a permanent order.
While 5th District Judge Fred Gannett acknowledged Fred Truden’s behavior was “boorish at best … [and] no doubt placed you in great discomfort and fear” he found the woman who brought the case is not in immanent danger from Truden. He also said it was unlikely they would continue to come in contact with each other.
On Aug. 6, Christina Chapin was collecting signatures on a petition to recall District Attorney Colleen Truden at Veterans Park during the annual Silt Heyday celebration. Chapin said Fred Truden twice accosted her in a threatening way.
Although he dismissed the case, Gannett said the incident could be considered an election violation. “It’s a voter- or citizen-intimidation issue” that should be brought before the secretary of state’s election commission, he said.
Chapin is married to James Leuthauser, a former deputy district attorney who worked for Colleen Truden’s predecessor, Mac Myers.
There were times during the hearing that Chapin became very emotional.
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Chapin testified that Fred Truden twice came up to her in the Silt park and challenged her. The second time, she said he got into an argument with Brian Snode, who had signed the petition.
After the second incident, Chapin said, “I was very shaken. I was very fearful for my safety … I was frightened. Mr. Truden would do this a second time.”
At that point in the hearing, Chapin broke down in tears and Gannett called a five-minute recess.
Fred Truden did not testify. Colleen Truden was not present at the hearing.
Chapin also testified she was approached by Assistant District Attorney Vince Felletter during Heyday. She said he questioned her about the recall and then asked her who she was and who her husband was. She said she also felt intimidated by Felletter.
The restraining order was issued Monday by a 5th District judge after 9th District judges recused themselves because of their involvement with the district attorney’s office.