by Marty Carlson
Somebody recently sent me an article from a major news outlet talking about a 2015 law that went into effect in California, it says prosecutors who deliberately withhold evidence from defense attorneys can face harsh punishments.
This became necessary after several high-profile cases namely the Baca in Orange County, that case has been profiled on DAWGS BLOG in the past. SEE HERE
In addition to the appellate court video HERE
the LA, was authored by a state assemblywoman Shirley Weber and signed into law by Gov. Jerry Brown in October 2015. It bolsters the ability of the judge to remove prosecutors who withhold evidence from a case. In addition, if any other employees of the District Attorney’s Office participated or sanctioned any suppression of evidence, the court is authorized to eject the entire office. The court is also required to report all violations to the State Bar.
It is already against the law for prosecutors to willfully withhold evidence, but nevertheless in recent years of highly publicized cases which prosecutors have been accused of violating the rights of defendants, namely Riverside County, Kern County, and most egregious Orange County.
The Orange County District Attorney’s Office continues to face fallout from the scandal linked to tainted jailhouse informant program. One public defender has argued that County prosecutors have routinely violated the law for at least 30 years by selectively presenting evidence obtain from jailhouse snitches. Some of those revelations have cause multiple murder cases to fall apart and some accused murderers have gone free.
Superior Court Judge Thomas Goethals ejected the entire orange County prosecutor’s office-250_ of them from a high profile mass murder case the judge said at that time that the government had committed significant violations of due process and called aspects of the office’s behavior a comedy of errors.
Many of the experts at law schools in California have stated the law is a good development to start playing fair in the courts in California.
One expert stated the Constitution and professional ethics already require that prosecutors turn over exculpatory evidence, but violations are widespread, and this legislation provides additional sanctions for prosecutorial misconduct and hopefully an additional deterrent.
In the past there have been no consequences for California prosecutors caught cheating the system. One study conducted by the innocence Project stated there were more than 700 California cases of prosecutorial misconduct from 1997 to 2009. Only six prosecutors in those cases were disciplined.
There is an epidemic of Brady violations abroad in the land justice Kozinski quote was quoted as saying in his 2013 opinion, he went on to say only judges can put a stop to it.
In my opinion this has been an ongoing pattern in the Frank Carson et al. preliminary hearing.
All the witnesses in this case are drug addicted, or drug dealing, or violent criminals where some are in custody in summer out.
We take the testimony of Sabrina Romero Reedy, who lived in a house on the same property as Mike Cooley behind the Carson property, and has embezzled $12,000 from her dentist employer. The Dentist had appeared at all 25 continuances of the case, but was not notified of the plea date Miss Romero-Reedy had made, nor been allowed to make a victim’s impact statement as required by law. In her minuet order of her plea she had plead to a misdemeanor with no jail time, 3yrs. Probation and no order of restitution in the minuet order. See minuet order here: romero
There were also multiple witnesses in this case that were in custody that had integrated themselves by contacting law enforcement, namely Patrick Hampton, and in my opinion is a professional snitch who try to work a deal for considerations, as he is done many times in the past.
One thing of note his District Attorney’s Office handler is Steve Jacobson who is an investigator who went to high school with Patrick Hampton and they are an extremely friendly basis. It also has the appearances of investigator Jacobson removing Patrick Hampton from a crime scene in Oakdale on a barricaded suspect situation when the SWAT team had been called out. Hampton was immediately removed from the scene and was never interviewed by the Oakdale Police Department, and never faced any charges.
The list goes on with people like Michael Cooley, Ronald Cooper, and most notably right now Robert Woody.
The most egregious transgression I believe that has occurred in this case is the deliberate act by Robert Woody’s mother Beverly to commit perjury to convict some people in this case which have now been removed from this case by Robert Woody himself in his recent recant.
The prosecutors need to be held accountable for this type of activity of putting these type a witnesses on the stand. And it has the appearances of suborning perjury by the DA’s office and Beverly Woody, in addition to all the other deals made to all these other criminals and drug addicts in this case.
Other than the investigators that have testified there has been no prosecution witness that has not been a drug addict or a long term, or some call career criminals testifying in this case.
The Dist. Atty. in Stanislaus County has gone on record as saying the cultivation of informants is an invaluable and necessary tool in their work, but it appears they put too much value in people that only have one purpose, that is their personal gain.
One last thing of note California currently has an attorney general who apparently has no intention of prosecuting any prosecutor accused of misconduct, as we seeing in Orange County, and the appeals courts opinions, there is plenty of information available to do so. But in my opinion, Kamala Harris is using the attorney general’s position as a stepping stone in her political career, and not to do the job that she was elected to do and represent the people and deal with these abusers.
From here campaign web site: