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User Info Prosecutors above the law in Cali in forum [FedUp]
Txin1880
Posts: 4740
Incept: 2009-02-25
Green A True American Patriot!
Texas
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http://www.latimes.com/news/local/la-me-....
Hundreds of prosecutors in California — including many in Los Angeles County — have committed misconduct with near impunity as authorities failed to either report or discipline them, according to a report released Monday.

The misconduct ranged from asking witnesses improper questions during trial to failing to turn over evidence that could help a defendant and presenting false evidence in court, according to the report, which was issued by an innocence project at the Santa Clara University School of Law.

The researchers discovered 707 cases in which state and federal courts and appellate courts found prosecutorial misconduct in opinions issued between 1997 and 2009. Of those, 67 prosecutors committed misconduct in more than one case, including three who committed misconduct four times and two who did so five times.

The authors of the report said most prosecutors follow the law and act ethically, but they criticized the State Bar for disciplining only six prosecutors during the period covered by the study.

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Realization - Rage - Resolve - Rifles - Rope - Recovery - Rinse - Repeat
Drunkle
Posts: 1416
Incept: 2008-02-11

san diego ca
Banned
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self regulation in action?

there's a prop being floated in ca in which prosecutors shall not be fired without good cause. i wonder if this article is related.

i was going to vote in favor, because of the bush debacles, but this article made me think: what is good cause? something to be hashed out in court where more lawyers get paid? **** it.





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Snoshuboo
Posts: 1340
Incept: 2007-08-20
Silver
San Dimas
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Story won't open for me.

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"People who talk about revolution and class struggle without referring explicitly to everyday life, without understanding what is subversive about love and what is positive in the refusal of constraints, such people have a corpse in their mouth"- Raoul Vaneigem, The Revolution Of Everyday Life
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Jotapay
Posts: 16839
Incept: 2008-08-26
Silver
Tx
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Snoshuboo
Posts: 1340
Incept: 2007-08-20
Silver
San Dimas
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Thank you Jotapay, that hit the spot! Of the 707 cases found in which prosecutorial misconduct in opinions issued between 1997 and 2009, the ones cited in the article were somewhat benign, albeit questionable. I was expecting a little more outrageous behavior especially coming from CA. I think what many attorneys go by is what the one OC prosecutor stated: "I am an aggressive prosecutor," Flory said. "Does that mean that I purposely set out to conduct misconduct? I don't think so."


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"People who talk about revolution and class struggle without referring explicitly to everyday life, without understanding what is subversive about love and what is positive in the refusal of constraints, such people have a corpse in their mouth"- Raoul Vaneigem, The Revolution Of Everyday Life
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Lowbeyond
Posts: 17126
Incept: 2008-02-11
Green A True American Patriot!
CO aka West NJ/East CA
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Prosecutorial misconduct is just a nice way of saying arbitrary treatment under the law. aka Government by Men, not law.

One only needs to look at the arbitrary enforcement of simple traffic enforcement to see this. Now make the so called crimes and very real penalties larger, and you have the "system" as it is today.

Complete corruption where it is just sport to make you a criminal. Oh we cant find anything to charge you on, well we will just bend some other statute and hang you on that! Then we get to write articles in law journals on how we made new law.

Die mother fukkers die.

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Maybe it was a birdy bread-bomber from the future?!
Dbcooper
Posts: 7887
Incept: 2009-05-12
Green
PNW
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Just dont let the public see it.



High-profile attorney charged with DUI

Prominent Seattle lawyer and TV legal analyst Anne Bremner has been charged with drunken driving, according to court records, despite her claims that she suffered a head injury in a hit-and-run accident and was mistakenly arrested.

On June 4, Bremner, 52, was stopped in Kenmore after driving on three flat tires. She was returning from a dinner party at a judge's home in Seattle. The charge was filed Wednesday in King County District Court in Shoreline. Her arraignment is set for Sept. 1.

Bremner, a partner at Stafford Frey Cooper who often represents police officers accused of misconduct, has been fighting the release of the police report stemming from her arrest after it was requested under open records laws by several local media outlets, including seattlepi.com.

King County Superior Court Judge Laura Inveen ruled last week that most of the records should be made public.

The judge, however, immediately stayed that decision as Bremner's attorney announced an appeal of the decision.

Bremner claims police failed to respond to two 911 calls some time before her midnight arrest in Kenmore and, in a statement submitted to the court on her behalf by her doctor, alleged that she was manhandled by the sheriff's deputy. In a complaint filed under the name "Jane Doe," her lawyer argued she would suffer "substantial and irreparable harm to her personal and professional reputation if the unsubstantiated DUI allegations" were made public.

Her lawyer could not be immediately reached for comment Wednesday.

Bremner frequently appears as a legal analyst on several television networks.

She has been one of the most vocal advocates for Amanda Knox, the University of Washington student convicted of killing her roommate in Perugia, Italy. Knox's attorneys are appealing.

Bremner appeared as a TV legal commentator about several criminal cases with a national profile, including the Laci Peterson murder and Michael Jackson child molestation trial, and she maintains a virtual library of her TV appearances on her website.

She previously contributed to seattlepi.com's City Brights section of bloggers. Seattlepi.com recently ended its relationship with her to avoid any conflict of interest.

To support their contention that Bremner suffered a head injury, her attorneys in the filed a statement by local psychiatrist Dr. Philip Lindsay.

Lindsay wrote in court documents that Bremner had been the "victim of a hit and run driver at 50 mph and had suffered a concussion," and argued that the deputy who stopped her in Kenmore "rushed to judgment."

"She was mistakenly arrested for DUI based solely upon the symptoms of traumatic brain injury," Lindsay wrote the court.

Attorneys for the county called the doctor's statements "grossly misleading" and contended Bremner never reported a hit-and-run crash or head injury until well after her arrest.

Bremner's defense investigator interviewed the dinner party host, Rosselle Pekelis, a former state Supreme Court justice and former King County Superior Court judge. Pekelis, her husband, and others reported no issues with Bremner regarding her balance, coordination or thought process and speech, before she left, according to summaries of their statements.

http://www.komonews.com/news/local/10100....


It's about the money.

City attorney targets law firm's contract for police cases
Seattle City Attorney Pete Holmes wants to end a long-standing contract with a law firm that has handled cases involving police. The proposal would result in hiring more staff for the City Attorney's Office to handle cases.

For nearly 40 years, Seattle police officers in legal trouble have had top-dollar representation from one of the city's most prestigious law firms.

But that could end starting next year under a proposal by the City Attorney's Office.

City Attorney Pete Holmes is proposing that the city's long-standing annual contract with Stafford Frey Cooper not be renewed at the end of the year. Under Holmes' proposal, officers would be represented by the City Attorney's Office and, in the more complex cases, including those stemming from an officer's use of deadly force, outside counsel would be hired through a competitive bidding process, said Darby DuComb, Holmes' chief of staff.

The move, which the City Attorney's Office said would save Seattle an estimated $1 million annually, has been met with strong opposition by the Seattle Police Officers' Guild, as well as the law firm, which stands to lose millions.

Stafford Frey Cooper handles about 30 cases each year for the city, at an hourly billing of about $275. The City Attorney's Office rate is $100 per hour, according to the city.

http://seattletimes.nwsource.com/html/lo....

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"The rules were simple: Never pay in cash, never tell the truth and never play by the rules"
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