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New California Law Cracks Down On Cheating Prosecutors

California prosecutors who deliberately withhold evidence from defense attorneys may face harsher punishment under a new law passed after a wave of misconduct scandals. Full Article

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  1. G4Change

    This is a joke! We need a law with big teeth. I’d say any prosecutor who withholds exculpatory evidence in a case should be disbarred and should serve the same amount of punishment that the defendant would have served if convicted of the crime(s) for which said exculpatory evidence was withheld.
    Enough is enough!!!!

    • ab

      I would take it one step further by requiring prosecutors to disclose anything they learned from previous work or their own work that is unfavorable to the government’s case. Doesn’t even have to be exculpatory evidence just anything that would say question the validity of the legal position they are arguing for example no evidence that any alleged victim agrees that they are a victim.

  2. mch

    I say let’s make this “law” retroactive, a civil penalty, possibly a website for lying, cheating prosecutors. I don’t think that Orange County or Santa Clara County would have any prosecutors left after the house was cleaned. I like the thought of disbarring them, give them a taste of how they have treated dozens, if not hundreds of others. Give them a place under a bridge to live, let them work as a 60+ year old laborer, put their lying faces on the news and in the newspapers, front page of course. We all know it won’t happen and the liars will get no more than a slap on the wrist, but if we’re going to dream, dream big, it costs no more than a little dream.

    • td777

      I never once went to court without some kind of misconduct from the prosecutors…I wish they all would get suspended immediately the first time they do things like that.

  3. Q

    How pathetic; did anyone notice what Tony Rackauckas said? He basically said “I don’t do that and I’m even investigating myself.”

    This will work only if the judge doesn’t harbor any particular bias toward the charges the defendant is facing. All of us have seen many posts in this site where it appears that the judge in particular cases has seemingly taken what the defendant is accused of doing personally, a prime example is the judge in the 19-year-old Zach Anderson case.

    This law, though potentially good, is in need of some serious refinement.

  4. Steven

    Here in Los Angeles County, sex crime prosecutor Lauren Guber is notorious for lying and deceiving (Google her name). In one instance, Judge David Brougham meekly refused to prosecute Lying Scam Artist Lauren Guber for hiding evidence. I think many people agree when I say Lying Guber must be disbarred; in my opinion, Lying Guber is not fit to practice law. Guber’s ignorance and hypocrisy adds to the ever-increasing unpopularity of law enforcement and prosecutors, who — and no one likes to say this — often use victims as pawns to further their government bureaucratic careers. Makes me wonder who the real crook is: the defendant who made a one-time mistake -or- the prosecutor/police who seek to further their career (and pride), at all cost, while getting paid outlandish salaries and pensions. Do the powerfully abusive bureaucrats ever get the karma they deserve? Seems like the powerfully abusive prosectors (and police) routinely evade the justice they pretend to seek. A textbook example of a double-standard.

  5. USA

    This is a great article! People need to wake up. The governor just vetoed longer or enhanced prison sentences for offenders cutting off ankle bracelets and now this. Maybe this could lead to a tiered system before he leaves office. I was initially prosecuted in LA many years ago. I read the police report submitted by the detective and it had been manipulated, but I never once witnessed the prosecutor crossing the line ect. I felt she was very fair.
    I subsequently filed a COR in OC many years after. I was in shock. The prosecutor was very dishonest, a liar and stated she was sure I was guilty and should have done prison time (I received Summary Probation). I later learned the investigators who came to my home prior (7pm at night) had secretely recorded our conversation and the supposed victim changed her story again? OC is out of control. I later learned the preceding Judge had been arrested for DUI, after crashing his car in HB and another judge (married) had numerous sexual liaisons in his chambers (which we pay for) with interns? I believe in justice, but OC is in my view out of control. I can only hope and pray that this law will have an impact on how future proceedings take place.

    • Q

      I appreciate your optimism and I am appalled at the experience you had in OC. It sounds like you were denied your COR?

    • MichaelRS

      I’m going through the appeal of the denial of my COR, in OC, right now. The slander and the statement of facts not in evidence, so to speak, by the DA’s office in response to our original appellate brief is amazing.

      And one of the things that get you with is they demand that you prove a negative.

      They say you need to submit proof of rehabilitation that you won’t do whatever it is you did again. Mine was a single count misdemeanor possession of CP. Not even plea bargained down from a felony or multiple counts.

      Originally, when the COR was denued, one of the reasons the Judge gave was that he felt it was too soon. Never mind that the legislature says 10 years is the limit and that that is the same as for murder.
      So afterwards I wrote the judge and asked him, in so many other words, Well alright if 10 years is too soon, WHEN is a good time?
      I never got a reply.

      And of course the DA went on to say that as far as he’s concerned I did much worse and I’m still probably doing it now. because possession of CP has such a high recidivism rate Ect. Ect. Ect.

      I gave my court appointed, I’m poor, appellate attorney the contact information for California RSOL, if she wanted to learn some facts to through back at then. I hope she contacts them for the information.

      Does anyone happen to know how I can learn how many CORs were granted to RSO’s in Orange County in say the last 5 or 10 years?

  6. USA

    Q, correct. When it was all over, the judge went through everything and stated he couldn’t find one reason to deny the motion, but it wasn’t enough? I was shocked. The DA called me names/original charges, subpoenad my wife?, the investigator would sit right in front of the escalator as we went up, the DA claimed there where other victims? and the list went on and on. The woman even made comments/alleged victim as we walked out? Can you imagine if I had did this? It was a circus.

    • Q

      Yup; sounds like Tony Rackauckas’s neighborhood all right. It’s too bad nobody (the judge) asked the accuser (DA) to prove her accusations were true. This whole “game” totally sucks!In my case it was all speculation and conjecture from the DA, but I was still suffering shell shock at what was happening to say anything. After all was said and done a probation officer from the LA County probation office looked at me and said “you just got railroaded.” Those words ring in my ears every day; and it’s getting close to twenty years. They have destroyed my life.

  7. USA

    Sorry to hear about your situation. I should have written the judge as well. His response, he couldn’t find a reason to deny my motion, but it wasn’t enough? That was 15 years after my arrest? I may go back next year. 20 years after the fact? No issues prior/after. I’m wondering if it’s the same DA/female. Slander all over

  8. Lauren Guber Must Be Disbarred

    Lauren Guber hid evidence; this should be the end of her career. Lauren “Lying” Guber seeks ridiculously harsh sentences under the excuse of justice, but is completely cold and oblivious to the impact her hard-line has had not only to the defendant, but to the defendant’s loved-ones. Despicably, Lying Guber’s perverse definition of ‘justice’ gives victims the sense that incarceration is effective. On the contrary! There is no scientific proof that long-term incarceration is effective. Nor does proof exist showing the sex offender registry and sex offender registration as effective. In fact, scientific studies prove the registry, and incarceration, perversely creating recidivism. In sum, Lauren “Lying” Guber is an opportunist scam artist fear-monger who exploits victims to further her career at the dime of the taxpayer. The taxpayer who is forced to pay Guber’s outlandish salary/benefits. History will prove Lauren Guber a fraud. Also, pardon the pun, Lauren Guber should lighten up (figuratively and literally).

    • Paula

      Way back in 2009 Guber was a liar, the saddest part was the very young innocent children the youngest being only 6 years old. She steals childrens innocence by her lies and forcing these children to testify about things they dont even know about !

  9. USA

    Feel free to release my email to MichaelRS. Email me. I’m interested in your story

  10. David

    I’m certainly in favor of a public website for lying prosecutors. After all, it would’t be punishment….because relentless public shaming is not punishment, right? No, it would simply be for administrative and regulatory purposes!!

  11. USA

    I concur. The prosecutor who handled my COR was out of control! First, the investigators went around and questioned neighbors/no issues. Then, they came to my home around 7pm at night? I let them in/wont happen again and they were rude ie: where did my wife work? I later learned they recorded our conversation. In court, the DA submitted her response to the motion and it stated the incorrect probation? Then, on one occasion, I casually glanced at her while outside and she began to argue with my attorney? He came over looking so angry and stated, quiet bull dogging her? I didn’t even know what he meant/I never had any issues prior to this and was confused/he later explained what it meant. I was in shock. Orange County is both a very political and dishonest county. If you get arrested/even if you are innocent, I feel sorry for you. THey don’t fight fair and its a whole new world , compared to LA. Good luck

  12. Jojo

    My prosecutor inserted an extra (false) “under 14” count just minutes before my Arraignment, which was totally unexpected and unprepared for by my Attorney. She then requested that a million dollar bail be set. Later, I believe she and the Victim’s Advocate knowingly encouraged the victim to falsely claim that my behavior was the reason he needed therapy and anti-depressants, which I now know he had begun using 2 years before I met him. She enhanced me three ways, including the addition of “callous” which has the same code used for “brutal”. I was not a callous offender. It was consensual and there was no intercourse, but she wanted to make sure I would not get probation.

  13. USA

    Well, I’m not sure what the answer is. I had my legal issue about 20 years back. I’m very educated, I minored in Psych/Soc and I tend to study people. I never saw one issue when my legal issue was addressed in LA. The Judge was very professional, the DA acted professionally and I would have to say I was very relieved. When I turned myself into LA County Jail, I was honestly shocked by the actions of most of the Deputies. Very unprofessional. In conclusion, I have come to realize that the legal system isn’t fair, but we have it pretty good in comparison to most Countries. As such, I think a more humane way of dealing with people who have legal issues would result in a higher success. You get no where treating people terribly. Good luck

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