FOR IMMEDIATE RELEASE
Tuesday, May 2, 2023
Contacts: Kat Dean 202-534-9359 katdean3333@gmail.com
Peter B. Collins 415-971-3638 peterbcollins23@gmail.com
REPORT:
No Consequences for Misconduct by Prosecutors in California; Study Shows Trail of Prosecutorial Misconduct Throughout State
SACRAMENTO, CA – A CALIFORNIA REPORT ON PROSECUTORIAL MISCONDUCT (See the report) was released here Tuesday, May 2, summarizing 16 cases in which California courts have either exonerated individuals or ordered new trials as a result of the misconduct of prosecutors.
The report found, in most instances, even when judges have strongly reprimanded the prosecutor for violating the law and rules of conduct, there was no action taken by the California State Bar. This includes three cases in which wrongfully convicted individuals received the death penalty.
However, the report’s author, “It Could Happen to You,” reveals that in over 26 years the State Bar has disciplined only 13 prosecutors, and does not maintain a public record of exactly how many complaints have been filed against prosecutors or the outcome of investigations pursued by the Bar.
The report identifies serious misconduct, including intentionally withholding evidence the accused is legally entitled to, inducing false testimony by witnesses who are secretly given leniency and sometimes cash payments; and misleading jurors in opening and closing statements at trial.
There have been 282 California Exonerations since 1989; of these 217 occurred since 2000 and many involved prosecutorial misconduct. While not all of these wrongful convictions were directly due to prosecutorial misconduct, prosecutors are in a unique position to prevent these injustices.
While the duty of a prosecutor is to enforce rules of conduct in society and establish just consequences for individuals who break these rules, when prosecutors break their own rules, there are few if any consequences.
“The California Report on Prosecutorial Misconduct shows a disturbing pattern of improper actions, leading to wrongful convictions and the prevention of fair trials,” noted Jeffrey Deskovic, founder of The Jeffrey Deskovic Foundation for Justice, which underwrote the report.
Deskovic is a New York State Exoneree who served 16 years in prison before being exonerated and he is now an attorney very active in policy work pertaining to wrongful conviction prevention around the country.
The Foundation has freed 13 people, including Andre Brown, the first person Jeff helped free as an attorney. Many of these cases involved prosecutorial misconduct. Deskovic was deeply involved in the recent efforts that established the Commission on Prosecutorial Conduct in New York State.
Bill Bastuk, National Chair of “It Could Happen to You,” said, “We believe the cases summarized in this report are just the tip of the iceberg. Currently there is no independent, transparent body empowered to investigate or deter prosecutorial misconduct.”
Yolo County, CA Criminal Defense Attorney Cynthia Rodriquez added, “University of San Francisco law professor Lara Bazelon has appealed to the California Supreme Court eight cases of identified misconduct where the State Bar took no action, and the Court declined to act in every case.”
“It Could Happen To You” is a national coalition that spreads awareness about wrongful convictions and prosecutorial misconduct and their impact on society. The organization researches and advocates for common sense criminal justice policy reforms to prevent prosecutorial misconduct.
To learn more about “It Could Happen To You” see https://itcouldhappen2you.org/
-30-
