JUDGE WITHDRAWS FROM CASE AGAINST PROSECUTOR.

Byline: Janet Gilmore Daily News Staff Writer

In a surprise twist, a judge recused himself Wednesday from hearings to determine if prosecutors should be stripped of an assault case involving Death Row Records executive Marion ``Suge'' Knight.

Superior Court Judge John Ouderkirk said he could be called as a witness by the District Attorney's Office as it investigates whether prosecutor Lawrence Longo had improper family ties to Knight while supervising the rap music executive's probation for a 1995 assault conviction.

Ouderkirk sent the case to a second judge who will conduct hearings Friday into whether the District Attorney's Office, as well as Knight's attorney, David Kenner, have conflicts in the case.

``It's difficult to take the witness stand and sit on the bench at the same time,'' Ouderkirk said Wednesday. ``Impossible.''

Ouderkirk's decision was the latest turn in a flaring controversy that has legal and political implications ahead of Tuesday's election.

Longo was placed on administrative leave Monday after allegations surfaced that while the prosecutor was supervising Knight's probation, Longo's daughter cut a $25,000 record deal with Knight, and that Kenner signed a one-year lease to rent an exclusive Malibu Colony home in trust to the Longo children.Knight lived in the six-bedroom home being leased for $19,000 a month.

Ouderkirk was critical of prosecutors and Kenner after learning of the allegations in the media last week, and suggested the District Attorney's Office recuse itself from the case, and that Knight get a new lawyer to represent him on allegations that he violated terms of his probation.

Those issues will now be considered by Superior Court Judge Stephen Czuleger.

In court Wednesday, Knight's defense team pushed for Ouderkirk's recusal - arguing evidentiary reasons in court and complaining, outside of court, about the comments and actions from a judge that they considered unfair.

Chief among those complaints was the judge's decision Monday to issue a bench warrant when Kenner sent two colleagues to Knight's hearing but did not appear himself.

Kenner, meanwhile, denied that any conflict existed between any of the parties in the case.

Meanwhile, prosecutor Bill Hodgman said Wednesday that his review of the matter has uncovered no conflict of interest at the time the plea agreement was taken.

Kenner said that attempts at a plea agreement failed when only Longo was involved. Kenner said they went over Longo's head and spoke with Hodgman and Assistant District Attorney Frank Sunstedt - and the District Attorney's Office eventually agreed to forgo prison time.

Before court proceedings ended Wednesday in the case, Judges Czuleger and Ouderkirk convinced Knight to talk to an independent, court-appointed attorney who could advise him of conflicts of interest that may arise if Kenner remains his attorney.

Initially, a defense attorney told the judge that Knight was happy with his current situation and Knight agreed that ``I want to go forward with the team I have.''

But as Czuleger noted that talking to attorney Michael Lightfood was a no-lose situation, Knight accepted the offer by merely saying ``Thank you your honor, I do appreciate it.''