CA. Prosecutors who falsify or withhold evidence could become felons under proposed state legislation

OC Register

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 attorneys.

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.”

The study noted that just six out of 600 prosecutors accused of misconduct in California between 1997 and 2009 were punished by the state Bar.

“As a member of the Assembly’s Public Safety Committee, I believe that accountability for California’s prosecutors is critical to ensuring that justice in our courts is truly served,” Lopez said Wednesday by email.

The bill is scheduled to go before the Senate Appropriations Committee Thursday. It would boost penalties to between 16 months and three years for prosecutors who violate the law. Current statutes make it a misdemeanor for anyone to withhold or falsify evidence, while law enforcement officers can be charged with a felony.

The law also currently allows a judge to fine prosecutors and report them to the state for various types of misconduct. In some cases, judges can remove prosecutors from a case entirely. Last year, an Orange County superior court judge, citing such abuse, removed the Orange County District Attorneys Office from the penalty phase prosecution of Scott Dekraai. Dekraai killed eight people at a Seal Beach salon in 2012.

At least six other attempted murder and murder cases in Orange County have been overturned or otherwise affected by allegations of misconduct by prosecutors or police.

Ignacio Hernandez, a spokesman for the California Attorneys for Criminal Justice, said Orange County’s controversy reinforces the need to increase the penalties for prosecutorial misconduct.

“We’re seeing the problem in many parts of the state, in many counties,” Hernandez said.

The bill is supported by Orange County District Attorney Tony Rackauckas, who says it should apply to all attorneys as well.

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 bill. [MORE]