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Today I received this letter in response to my letter sent to the DOJ about the activities of The DA’s office and Linda Taylor.

The letter was the same I had posted here about who I have affectionately called the copsucker See posted letter here .

As you can see the response received from the DOJ does not address the issues I pointed out about classified information being given to a citizen to aid them in an investigation they could not do themselves It only says the DA’s office has the discretion to file charges as they see fit. Again that is not what my issue presented to them entailed.

This was a proverbial kiss off in telling me to contact the local agency involved. I will respond to this letter and post same.

 

 

KAMALA D. HARRIS    State of California

Attorney General    DEPARTMENT OF JUSTICE

PUBLIC INQUIRY UNIT

P.O. BOX 944255

 

RE: Stanislaus County District Attorney

Dear Martin Carlson:


Thank you for your correspondence to the Office of the Attorney General regardino the handling of criminal cases by the Stanislaus County District Attorney’s Office.

California law gives discretionary authority to a locally elected prosecutor in filing criminal actions. The decision whether or not to file charges calls for consideration of the prospects of obtaining a conviction against a particular defendant. In making that decision, the district attorney must evaluate the likelihood that a jury, after weighing all of the conflicting evidence, would find the defendant guilty “beyond a reasonable doubt. ”

We understand it is not uncommon for members of the public to differ with the district attorney on the question of whether the filing of criminal charges is warranted. However, that decision rests with the locally elected official responsible for such a decision, the district attorney.

The Attorney General’s intervention is discretionary and is appropriate only where there is a demonstrated conflict of interest that would disqualify the district attorney from a particular case. Also, if there is an obvious abuse of the district attorney’s legal discretion in the decision whether to file a criminal charge, the Attorney General may intervene. The fact that an incident has created strong feelings within the community does not provide a basis for intervention by the Attorney General, especially since the district attorney is the official elected by the people of the county to make prosecutorial decisions, including those which may be controversial or unpopular.

The primary authority to file criminal charges rests with the local district attorney. We suggest you contact that office for further assistance and information.

Sincerely,

C/Ccc—Cn.
Kimberly McCrickard Public Inquiry Unit

For KAMALA D. HARRIS Attorney General

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