DUI Defender

Three Northern California prosecutors are facing trial in the State Bar court for allegedly abusing their authority or violating the law. The prosecutors are from Santa Clara County, Santa Cruz County and Sacramento County. Earlier this year a fourth Deputy District Attorney from Sonoma County was suspended for four years for intentionally withholding documents that could have helped a physician defend himself against murder charges. A judge dismissed the case based on the attorney’s misconduct.

The DA in Santa Clara has been accused of concealing evidence, misleading a judge and ignoring a judicial order. His conduct included suppressing evidence that could have cleared two accused rapists. The two rapists were convicted and sentenced to prison terms ranging from nearly 19 years to more than 37 years. The convictions were overturned six years later. It is also alleged that he concealed evidence that would have repudiated an eyewitnesses testimony relating to a murder.

The DA in Santa Cruz’ charges stem from a drunk driving incident in 1995 where he claimed that another person was driving the car involved in an accident, State Bar lawyers believe that he was the driver and the “other driver” was a lie. In 2002 it is alleged he contacted a judge who was sitting on a hit and run insurance fraud case in which his girlfriend was the defendant. The State Bar lawyers are seeking disbarment in this case.

The DA in Sacramento is alleged to have withheld exculpatory evidence in a murder trial.

These prosecutions are part of a growing area of law for the State Bar as prosecutor conduct has come under more scrutiny in light of the misconduct and subsequent disbarment of former Durham County District Attorney Mike Nifong.

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