1. The Cal Rules of Prof. Conduct define a conflict of interest as 3-310 (B) (4) The member has or had a legal, business, financial, or professional interest in the subject matter of the representation.
    As I have said from the very beginning, Marlissa and the DAs Office have numerous conflicts of interest imo. This new motion about prosecutorial misconduct, is yet another example of that conflict. As this case continues more and more examples of this conflict will come to light.
    The motion demonstrates that the DAs Office has, through its investigators violated yet another Rule of Professional conduct. Specifically , Rule 3-100 A, which prohibits attorneys from disclosing the confidential communications of a client. Here, the DAs Office through its in house investigators caused confidential information held in an attorney file to be disclosed. This act should and imo will result in the information that has been obtained as a result of the unlawful disclosure to be excluded from evidence in the corresponding criminal case. And although the unlawful disclosure will not result in any info in the Frank Carson case to be excluded, Marlissa and the DAs Office has yet another conflict of interest.

    For this unlawful act, Marlissa and her supervisors can and imo should be subject to discipline by the State Bar. Frank Carson is a foreseeable witness in that case. Marlissa and her supervisors thus have a financial and pecuniary interest in the subject matter of the Frank Carson case, namely Frank Carson. Frank Carson’s credibility in the State Bar case will be affected by what happens in the case against him. If he is convicted of murder, that will definitely damage his credibility. If he is acquitted that will also affect his credibility, i.e. is he out for revenge?
    Add this to the fact that Marlissa and the DAs Office is being sued for what they did to Christina and Georgia. As long as Frank is being prosecuted, and even through any appeals, the DA and The County cannot enter into any realistic settlement negotiations with Christina or Georgia, because they know Christina and Georgia would agree to anything if they believed it might mean the DA would go easy on Frank Carson.

    Add this to the fact that the Atwalls federal civil complaint is pending against the DAs investigators, and that that complaint is at issue in the Carson case, and that a contempt action was pending against Bunch and Harris at the time the Carson case was filed, and you have an abundantly obvious plethora of conflicts of interest.
    Bacerra needs to stop grandstanding about how he is going to go to war against the federal government, and start doing his job by stepping up to the plate and taking over the prosecution in the Carson case.
    In my opinion

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