A request for a restraining order against Monterey mayoral candidate Vince Malfitano, slated to be heard by a judge on Tuesday, Oct. 20, was settled out of court.
According to the restraining order request filed in Monterey County Superior Court on Sept. 1, Malfitano harassed Seaside resident Jody Compagno Crossman at her workplace, Compagno’s Deli, at approximately 2:30pm on Saturday, Aug. 22.
In her statement, Compagno Crossman said that upon seeing her at Compagno’s Deli, Malfitano “became angry and began yelling at her in the crowded business.” According to her account, Compagno Crossman recalled Malfitano saying, “You piece of shit,” and “I am going to sue you for defamation,” and “Everyone knows it’s you,” and that he repeatedly called her “a fucking bitch.” She states that Malfitano moved toward her while yelling but was subsequently calmed down by his companion before leaving.
Compagno Crossman's request for a temporary restraining order was denied. At a hearing on Tuesday, Sept. 22 in Monterey County Superior Court, Malfitano's attorney, Tracy Henderson, requested a continuance on the basis that a witness was traveling out of state. Monterey Superior Court Judge Ian Rivamonte granted the request, and the case was rescheduled to Oct. 20. Henderson then asked for another continuance to Nov. 6, because she was on medical leave following an emergency eye surgery.
In court papers, Compagno Crossman’s lawyer filed several witness statements corroborating her account, such as the statement from Bennet Compagno, the deli’s owner, who said he heard Malfitano “loudly yell, ‘Fucking bitch!’ at Jody as she was approaching me. Jody was visibly disturbed by Mr. Malfitano’s outburst,” the statement reads.
Compagno states that Compagno Crossman “immediately turned around and returned to the kitchen to avoid him. She had not approached Mr. Malfitano or engaged him in any confrontation. Mr. Malfitano was the aggressor and continued harassing her as she was trying to evade him.”
Compagno states that Malfitano apologized for his behavior and he did not charge the mayoral candidate for his food because “I wanted him to leave the premises, and he left.”
He added that he never apologized to Malfitano nor told Compagno Crossman to “Go back in the back!” as Malfitano’s companion Diana Aiello had claimed in her statement. “I had no reason to direct Jody to stop doing anything,” Compagno states in the account. “She had done nothing to provoke the incident.”
Compagno added, “Mr. Malfitano’s conduct was disturbing, aggressive and disruptive causing my staff and customers distress.” The deli owner’s statements were corroborated by another statement filed by an employee of the deli, who was working during the incident.
On Oct. 19, a day before the Oct. 20 hearing, Compagno Crossman’s lawyer filed a request for dismissal. The case was settled out of court.
This also means that pending subpoenas seeking suspected journalist-source interactions that were filed on this reporter, Monterey Mayor Tyller Williamson and Monterey housing advocate Esther Malkin—none of whom witnessed the incident that is the subject of the restraining order case—are now moot.