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California

San Jose: Ruling finds DA’s right-hand man committed misconduct

SAN JOSE — In a scathing opinion published Thursday, a state appellate court reversed a judgment against a felon accused of being a sexually violent predator, saying the prosecutor handling the case — now District Attorney Jeff Rosen’s right-hand man — engaged in a “pervasive pattern” of misconduct.

The misconduct finding against Chief Assistant District Attorney Jay Boyarsky is the first black mark against Rosen’s administration since he took office two years ago on an ethics platform and appointed Boyarsky as his top assistant. Full Article

Also:  SF Chronicle Article,  Court Decision

Join the discussion

  1. GARY

    Ithink Jessica law is just a way of spending more of Califirnias money. That’s the reason California is in Debt.now.
    I have a serious question for you, What child or anyone for that fact be in a PARK or SCHOOL at night?
    California just think of laws and add them to the Budget. these so called sex offenders are living in
    the ditch due there is no compiant housing for them there has to be some changes.

    • DZ

      This country’s criminal-legal system isn’t based on logic or reason, it is based on emotion. When designing a punishment for a crime they seek just that: punishment. Not rehabilitation, not correction, not prevention of similar for the future, but just one thing: vengeance.

      The sex offender laws are a perfect example. Under the guise of ‘protecting society’ they pass ever more restrictive, vindictive punishments, despite all the data showing there either isn’t the problem that they are fearing or that the actions do not lessen the chances of things they fear might happen from the small portion of the group that might actually do them.

      The US still has the affects of being a ‘frontier nation’ and one of those is revenge-laws rather than improving-society justice. Look at the reforms in the legal system that Finland did not long ago and how it reduced crime, after the dropped sentence lengths and created programs to give ex-convicts a place & stake in society again. But with the attitude of the majority of Americans this isn’t an option here. Just look at the prosecutor in this article: willing to bend & manipulate anything to get the worst outcome possible for the accused. And with CA’s proposition system, we have little more than angry vigilantism.

      • Euro

        Very true. Retributive vs Restorative Justice. The word ‘Rehabilitation’ in the CDCR acronym is a joke. Many Europeans view the US system as very primitive and not much better than the systems in countries that the US currently is bombing into a ‘better’ world. I try to avoid the term ‘Justice System’. To lock someone up for life for theft is just as outrageous as burying them up their belly button in the soccer stadium and hurling stones at them.

        Here it is all about punishment. One might say revenge? Does that really help the victims? Reduce further crimes – unless locking people up for the rest of their lives, or killing them?

        As far as prosecutors and their approach to this goes – even now that the 3 Strikes Law has been overturned by the voters of the State of California – they are STILL trying to keep thieves and burglars in prison for the rest of their lives.

        http://orangecountyda.com/home/index.asp?page=8&recordid=3344

        Thieves, and burglars, and drug users! Life!

        Is that where I want my tax money spent? It does boggle the mind.

  2. MCH

    Santa Clara County and Orange County are two counties no one wants to offend in. My experience is with Santa Clara/San Jose and there, the police lied, the DA “lost evidence” and my attorney rolled over for the bad DA. When you’re scared and broke, you take what you get I suppose.

    • Fish in a Net

      I would never have believed the police lie until I went through my ordeal. Found cops (not police anymore) and DAs are the worst in our society. They are incentivized (like used car salesmen) to omit anything that keeps them from getting their guy (making the sale). They will arrest anyone that they can make look guilty, “He fit the profile” and damn the evidence. Anyone with an ounce of ethics or self respect gets out (and hopefully becomes a defense attorney). I remember when police were heroes, now they are guys that lie on arrest reports and shoot homeless people.

      • DZ

        Yes, it is bad all over, and Santa Clara is terrible for sure. In my experience, the police lied, the DA manipulated, the judge told my lawyer point blank he wouldn’t be listening to anything I or anyone I brought to court said, that he’d made up his mind already and we’d not put forward anything yet. The police even back-dated my arrest to make the situation look worse than it was.

        Corruption pure and simple.

  3. MCH

    @Fish…Yes, police lie, so what? That’s what I was told by a retired DA. Police are also the largest single profession that comitts sexual misconduct, more than teachers/coaches, far more than RSO’s that “reoffend”. This legal system of our works when staffed by moral citizens, but no crime doesn’t pay. Crime is big business and full jails/prisons mean big money to way too many people. It’s far easier to manufacture criminals than it is to do good police work and stop crime. I do have a bone to pick with dishonest cops, but I also have the statistics to back it up so I’m not talking out my a**. A 16 yr old girl is far more likely to be molested during a traffic stop than she is in a library or a park. Most people think that cops are here to protect and serve, we know differently.

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