Prosecutors who intentionally withhold or falsify evidence could be charged with a felony under a new bill winding through the state Legislature.
The proposal by Assemblywoman Patty Lopez, D-San Fernando, comes as
prosecutors in Orange County face accusations that they’ve routinely
misused jailhouse informants and withheld information from defense
Lots of butthurt is being heard from who you'd expect
Opposing the measure is the 500-member union representing Orange
County lawyers, including deputy district attorneys, public defenders
and county counsel. The group’s board on Tuesday voted 8-3 to oppose the
“There are already safeguards in place to deal with the things the
bill is trying to address,” Guirguis said. “There’s no evidence there’s
an explosion of intentional violations.”
Yeah? Really? How're those safeguards working?
But the problem of prosecutorial misconduct predates Orange County’s
snitch controversy. A 2010 study by Santa Clara University School of Law
looked at misconduct statewide, concluding: “Courts fail to report
prosecutorial misconduct (despite having a statutory obligation to do
so), prosecutors deny that it occurred, and the California State Bar
almost never disciplines it...The problem is critical.”
Sounds like your 'safeguards' aren't working, jackass. Of course, the same thing will be a problem with this: judges who don't want to actually whack another lawyer with real penalties, and prosecutors who don't want to be held to the law they're supposed to uphold.