Former state Assembly candidate Neil Kitchens ordered to stand trial on voter fraud charges.

Former state Assembly candidate Neil Kitchens, the lone Republican in the 2018 race to take the Assembly District 30 seat eventually won by Robert Rivas, was ordered to stand trial on charges he committed voter registration fraud and lied about his place of residence when he filed his official paperwork to run for office.

Kitchens, who owns and manages family real estate interests and graduated from Monterey College of Law, had waived his right to have a preliminary hearing—the hearing at which the prosecution presents evidence and lays out the basics of its case and a judge decides whether that evidence is sufficient to go to trial.

But in an odd twist, Deputy District Attorney Robin Duffy today insisted the hearing go forward, telling Monterey County Superior Court Judge Carrie Panetta the facts of the case are a bit "convoluted" and she wanted to see how the evidence came out on the record. The reason for the prelim despite Kitchens' waiver: Prosecutors may seek to file another charge against him.

"If the people aren't confident in the charges, it seems the only reason we're doing this is to make it a public display," Panetta said, before allowing the hearing to commence. 

Duffy called two witnesses, one an investigator from the District Attorney's office and the other the chief investigator from the California Secretary of State's office. 

DA Investigator Erik Morris testified that his office opened an investigation based on a complaint made by campaign consultant Christian Schneider that Kitchens registered for the election using the address of a Salinas property he owns in District 30, while his home address was outside the district in Prunedale.

When he went to the Salinas address, at 54 Gardena Drive, he spoke to an occupant who said she had rented the home from Kitchens for the past three years, but that he didn't live there. 

Secretary of State Chief Investigator Martin Deffee testified that Kitchens had filed official documents that include a voter registration form, a code of ethics form and a ballot designation worksheet bearing the Gardena Drive address, all dated March of 2018, while a previous voter registration form was filed with an address on Cross Road in Prunedale.

It was at the Cross Road ranch house that a Weekly reporter attended a June 5, 2018, election night party for Kitchens, where about 50 supporters watched election results come in. Kitchens garnered 32 percent of the vote from a field of five candidates.

The Cross Road house is located in Assembly District 29, not 30. 

If convicted on all five felony counts, which include allegations of voter registration fraud and procuring and offering a false or forged instrument, the maximum sentence is roughly three years in prison. Because Kitchens did not win the seat, there would be no subsequent effort to remove him from office—not a criminal matter, but a determination made by the Assembly in such cases—but Kitchens has already filed papers to run for office again in 2020.  

This time, he's seeking office in the State Senate, to represent District 17, currently occupied by Bill Monning, D-Carmel. Monning terms out in 2020; former Assemblyman John Laird, a Democrat from Santa Cruz, has already begun campaigning in earnest for that seat.

Kitchens has battled health problems since being charged in May. According to court records, he missed one hearing because of suspected internal bleeding. He also missed a previous preliminary hearing date in September—prompting Panetta to issue a warrant for his arrest that she later rescinded—because he was in Salinas Valley Memorial Hospital for treatment of seizures, according a letter from a medical social worker placed in the court file.

Kitchens will next appear in court on Nov. 21.

In the meantime, Kitchens is being sued in civil court by his mother, Patricia Kitchens, over missing money in a company they co-own, TNK Properties, LLC. 

Patricia Kitchens alleges that her son transferred assets to other locations without her knowledge. On May 10 Patricia sent Kitchens a request through her attorney for copies of company records, including tax returns and financial statements for the last six years. 

A month later Patricia filed suit in Monterey County Superior Court alleging violations of the state corporations code for refusing to provide the records. She's asking for "compensatory and consequential damages," all information she requested and a "full and complete accounting of all TNK's revenue, costs and profit for each asset" for the past five years.

According to court records, Kitchens was never around at the Cross Road home during multiple attempts to serve him with notice about the lawsuit. A judge finally approved notice being sent to the California Attorney General's Office. He also failed to show up for two court appearances. A third appearance is scheduled for March 10, 2020. 

Pam Marino contributed to this report.