DA's in California don't like a judge's ruling, so they call for a boycott.
In an extremely rare rebuke of a sitting judge, Santa Clara County District Attorney Dolores Carr instructed her staff Friday to stop bringing all criminal cases before Superior Court Judge Andrea Bryan, who recently angered prosecutors by finding that a trial prosecutor committed numerous acts of misconduct, including giving false testimony.
Carr took the unprecedented step of publicly confirming her "blanket challenge," or boycott of Bryan, in a news release, saying her decision was based on a "number" of unspecified rulings over the past several years, not any single embarrassing ruling.
"We must safeguard the ability to prosecute our cases and do not believe we can fulfill our responsibility to the public if lawyers from this office continue to appear before Judge Bryan," Carr said in the release.
Earlier this month, Bryan ordered the release of Augustin Uribe, who had been sentenced to 38 years to life on child molestation charges after finding Deputy District Attorney Troy Benson had woven what she called "a tangled web of deceit,"
Uribe's conviction on charges he sexually assaulted a young relative was overturned by an appellate court in 2008, after a finding that the District Attorney's Office had improperly withheld a videotape of the purported victim's physical exam, which was turned over only after Uribe had been sentenced. A defense expert then reviewed the videotape and said it contradicted the prosecution witnesses' testimony that the child had been assaulted.
Prosecutors have since acknowledged the existence of about 3,300 of those videotapes, dating to 1991, that were never provided to trial attorneys, as required by law. They have insisted that most of the tapes are of little value. But Bryan's decision reinforced the contention of legal experts that dozens of other child sex abuse convictions in the county are at risk of being overturned.
Link: http://www.mercurynews.com/search/ci_14254154?IADID