Posts Tagged ‘D.A.’

Local attorneys and judges are mystified as to why San Diego County District Attorney Bonnie Dumanis ordered her prosecutors to file peremptory challenges in all criminal cases assigned to the Honorable Judge John S. Einhorn. Judge Einhorn is known as a tough, smart judge who routinely handles complex, high-profile criminal matters. He has an excellent reputation in the legal community. So why would the D.A. want one of the best trial judges removed from hearing criminal matters?

Criminal defense lawyers speculate that the D.A. thinks this tough judge wasn’t tough enough in recently denying a defense attorney’s request to bar the prosecution from retrying a murder case. Yes – the Judge denied the request – but that apparently wasn’t good enough for the prosecution. The D.A. believes that the Judge should never have entertained the motion in the first place. Why? Because the hearing on the motion forced the D.A.’s office to defend allegations that exculpatory evidence, which resulted in a nullified verdict, was deliberately withheld from the defense. The D.A. would rather have avoided the hearing entirely by saying, in effect, “trust us, we didn’t cheat.” The boycott therefore appears to be retaliation against the Judge for Dumanis having to defend the conduct of her deputies. For now, the D.A. refuses to reconsider her boycott or give reasons why the boycott exists at all.

No CommentsTags: attorneys, Bonnie Dumanis, boycott, criminal cases, criminal defense lawyers, criminal matters, D.A., deputies, exculpatory evidence, hearing, John S. Einhorn, judge, judges, motion, murder, peremptory challenges, prosecution, retrial, San Diego Criminal Court, trial judge, verdictRead More

The man famous for his Hollywood movies, murdered wife, and life as a fugitive may be extradited from Switzerland to a Los Angeles, California courtroom. Polanski faces sentencing in a felony sex case over three decades old. He fled the United States jurisdiction after he pleaded guilty and before the sentencing hearing. He has a few options, however.

His lawyer’s first option will be to move to dismiss his case. The misconduct of his judge and a prosecutor in his case provides ample ammunition for a dismissal in the interests of justice.

He may also move to withdraw his plea. The law provides that a criminal defendant may withdraw his or her guilty plea for “good cause.” Good cause is an elastic concept, one that will almost certainly embrace the broken promises made by the judge and the other misconduct pervading his prosecution.  Withdrawing his plea has some risks, most obviously that he would face charges substantially more serious charges than the one he is now facing (charges that will carry mandatory prison time – no probation).  On the other hand, his attorney may calculate that the D.A. does not have sufficient evidence anymore to prosecute the case to verdict. Polanski would then be in even a better position than he is now – no conviction on his record.

Polanski’s last option is to face the sentencing squarely. Other Los Angeles judges have made favorable findings in his case, even in his absence. Polanski’s attorney can without doubt demonstrate an abundance of reasons that favor probation both as to the offense and the offender. An astute criminal lawyer may conclude, therefore, that the risk of a state prison sentence is very remote, and the likelihood of probation, and credit for time served, is very high.

The prosecution may elect to file a felony charge for failing to appear in court, but this will likely be defeated by their own failure for many years to make any real attempt to bring him to justice.

The battle is far from over, but Polanski is unlikely to suffer any further punishment in this case.

No CommentsTags: attorney, California, conviction, court, courtroom, criminal defendant, criminal lawyer, D.A., dismissal, extradite, failure to appear, felony charge, felony sex case, fugitive, good cause, interests of justice, Los Angeles, miscondcut, probation, prosecutor, punishment, Roman Polanski, Sentencing, serious charges, sex offender, sex offense, state prison, Switzerland, time served, withdraw guilty pleaRead More