A landmark study released Monday identifies prosecutorial misconduct in California courts
In 2007, a California Court of Appeal set aside the murder conviction of Mark Sodersten because a Tulare County deputy district attorney had improperly withheld from the defense audiotapes of his interviews with a key witness.
The Appeals court personally listened to the tapes and concluded they contained dramatic evidence pointing to Sodersten’s innocence. Based on this finding, the court vacated his conviction.
“This case,” the court declared, “raises the one issue that is the most feared aspect of our system—that an innocent man might be convicted.”
For Sodersten, however, the ruling came too late.
He had died in prison six months earlier, after spending 22 years behind bars. The prosecution had sought the death penalty, but the jury sentenced him to life without parole.
The ruling was one of 707 cases of prosecutorial misconduct uncovered in a year-long investigation by the Northern California Innocence Project (NCIP) at Santa Clara University School of Law.
The investigation, made public October 4, is the most in-depth statewide review of prosecutorial misconduct in the United States.
The investigation reviewed more than 4,000 state and federal appellate rulings, as well as scores of media reports and trial court decisions, covering the period 1997 through 2009, to produce a comprehensive analysis of publicly available cases of prosecutorial misconduct in California.
The NCIP study, conducted by Kathleen Ridolfi, NCIP executive director, and Maurice Possley, a Pulitzer Prize-winning journalist and currently a visiting research fellow at Santa Clara University School of Law, suggested that cases of prosecutorial misconduct averaged one a week over that 13-year period.
But that figure undoubtedly understates the total number of such cases. The 707 were just the cases identified in a review of appellate cases and a handful of others found through media searches and other means.
In another 282 cases examined by the NCIP, the courts did not decide whether prosecutors’ actions were improper, finding that the trials were nonetheless fair.
The report details how prosecutors are rarely disciplined for their misconduct and how the courts fail to report it. The California State Bar rarely investigates such misconduct.
It expanded upon a study of prosecutorial misconduct conducted by Ridolfi after she was appointed to the California Commission on the Fair Administration of Justice in 2004.
The records show the California Bar did investigate the Sodersten case, but failed to take action. Even though Sodersten’s death ordinarily would have ended the case, the Appeals Court took the unusual step of issuing a ruling anyway because of the importance of the issue:
“[W]hat happened in this case has such an impact upon the integrity and fairness that are the cornerstones of our criminal justice system that continued public confidence in that system requires us to address the validity of [Sodersten’s] conviction despite the fact we can no longer provide a remedy for petitioner himself.”
The court concluded: “To do otherwise would be a disservice to the legitimate public expectation that judges will enforce justice. It would be a disservice to justice. Most of all, it would be a disservice to [Sodersten] who maintained his innocence despite a system that failed him."
The prosecutor was never disciplined. Sodersten’s attorney filed a formal complaint with the California State Bar, arguing that the prosecutor “asked a jury to kill a man based on a conviction he perverted.”
In April 2010, the State Bar closed the investigation, because “this office has concluded that we could not prove culpability by clear and convincing evidence”—even though the tapes the prosecutor wrongfully withheld included interviews with a key witness conducted by the prosecutor himself.
The prosecutor, Phillip Cline, has never been held responsible for his actions, and it is virtually certain that he never will. He has absolute immunity from any civil liability for his conduct as a prosecutor. Cline was elected District Attorney for Tulare County in 1992 and remains in that position today.
In the vast majority—548 of the 707 cases—courts found misconduct but nevertheless upheld the convictions, ruling that the misconduct was harmless. Only in 159 of the 707 cases—about 20 percent—did the courts find that the misconduct was harmful; in these cases they set aside the conviction or sentence, declared a mistrial or barred evidence.
The study shows that those empowered to address the problem—California state and federal courts, prosecutors and the California State Bar—repeatedly fail to take meaningful action. 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.
Significantly, of the 4,741 public disciplinary actions reported in the California State Bar Journal from January 1997 to September 2009, only ten involved prosecutors, and only six of these were for conduct in the handling of a criminal case. That means that the State Bar publicly disciplined only one percent of the prosecutors in the 600 cases in which the courts found prosecutorial misconduct and NCIP researchers identified the prosecutor.
Notably, some prosecutors have committed misconduct repeatedly. In the subset of the 707 cases in which NCIP was able to identify the prosecutors involved (600 cases), 67 prosecutors–11.2 percent—committed misconduct in more than one case. Three prosecutors committed misconduct in four cases, and two did so in five.
The report contains a series of recommendations aimed at reducing prosecutorial misconduct. These include:
* development of a course by the California District Attorneys Association, California Public Defenders Association and California Attorneys for Criminal Justice to address ethical issues that commonly arise in criminal cases;
* adoption by District Attorney offices of internal policies that do not tolerate misconduct, including establishing internal reviews of error;
*and adoption by District Attorney offices and law enforcement agencies of written exculpatory evidence policies.
Moreover, the report seeks expansion of judicial reporting to include any finding of “egregious” misconduct, as well as any constitutional violation by a prosecutor or defense attorney, regardless of whether it resulted in modification or reversal of the judgment. The report recommends that judges be required to list attorneys’ full names in opinions finding misconduct.
And the report also recommends that the State Bar expand discipline for prosecutorial misconduct and increase disciplinary transparency.
The Northern California Innocence Project (www.ncip.scu.edu ) at Santa Clara University School of Law, founded in 2001, operates as a pro bono legal clinical program, where law students, clinical fellows, attorneys, pro bono counsel, and volunteers work to identify and provide legal representation to wrongfully convicted prisoners.
NCIP educates future attorneys, exonerates the innocent, and is dedicated to raising public awareness about the prevalence and causes of wrongful conviction. The project also promotes substantive legislative and policy reform through data-driven research and policy recommendations aimed at ensuring the integrity of our justice system.
For the full copy of the report , please click here.
Photo by jimmywayne via Flickr.
Posted by Fbion
Friday, February 24, 2012 02:34
IF THIS IS A STATE COURT OF APPEALS/OR LOWER COURT OF APPEALS, I HAVE NO RESPECT TO THE STATE COURTS DUE TO I HAVE EXPERIENCED MYSELF REGARDING MY CHILDREN CUSTODY AND ATTORNEY’S FEES.
Posted by Abel Flores
Wednesday, February 09, 2011 07:30
This is so unusual because I found this website when I was serching the web to find out what can be done to a district attorney when one of his ADA has maliciously prosecuted my son’s case. This District Attorney’s office is the same DA mentioned in this article. Tulare County District Attorney Phil Cline. I don’t know much about law but I know that who ever decided at one time to give so much power to the DA’s office and make him untouchable, what would you expect a human being to react, Not say that this applies to every person but I would have to believe that most people would start veering off the right path. As normal people we constantly have to worry whether the decisions we make are going to hold any type of consequences this is what keeps most people to do what is right.
Posted by Buddy George
Saturday, December 11, 2010 04:06
A matter that needs investigated
On case#VA107160
People Vs buddy lee George
Los Angeles superior court norwalk California division S
Judge the Honorable Roger Ito
Los Angeles county district attorney Kang.
A case that can be proved as unconstitutional due to the following
1.) I was denied my due process rights.
2.) the district attorney had me charged with prison priors and strikes that I did not have and it was not until after the verdict did she admit her mistakes.
3.) I was denied to confront witnesses I supoened 5 officers and only one showed up.
4.) the only witness that showed up was detective hakala from Whittier police department he was the lead detective and expert witness.
5.) there was bias with the processing of evidence he used his own lab.
6.) he lied under oath by saying he removed the drugs before the pre search video because he had a dog.
7.) the evidence in the case had been destroyed before the trial
Evidence was destroyed 5-29-09
The verdict was read on 8-15-09
8.) henry salcidos law firm that represented me right before the trial caused a conflict of interest by violating attorney client privilege by having a meeting with the city of la mirada without my permission nor knowledge were he discussed my case were he was convinced by the city saying I should take a deal under the condition I move out of la mirada when I get out of prison.
9.) Henry salcido also told me at one point he didn’t care If I was innocent or guilty I should take a deal.
10.) he also told me at one point he was best friends with steve Cooley and if I gave him $180.000 and sign over the deed to our home he could make the case disappear.
11.) their was two retired district attorneys that were working for Henry salcidos law firm that were also over familiar with sheriffs and narcotics department that were involved in my case.
12.) through the whole case the la mirada mayor and council members had law enforcement harassing me their was about 300 or more calls made to law enforcement with the intent to have me harassed
13.) I can also prove false imprisonment.
14.) I was charged with possession for sales when no drugs were ever found to be in my possessing neither was any money ever recovered and according to the detective he found $13 dollars worth of drugs in our home all together in separate bags and only one had been tested the second one was never tested.
15.) it was unconstitutional for detective hakala to target me when their was 5 occupants living in our home at the time.
16.) the search warrant he used to get in our home the day he supposedly found the drugs was stamped denied.
17.) the second search warrant had a type
oerror and the name on the search warrant was Walter Eugene Farris a guy that I don’t know and neither did any one els that lived in our home and he had never been in our home.18.)The attorney that represented me during the trial had not been given enough to to familiarize her self with my case the judge refused to give her time to overlook the case.
19.) after we picked the jurors one of the jurors was prejudice he said no matter what he would find me guilty because he hates drug dealers the judge still allowed juror # 19 to hang out with all the other jurors until he was replaced.
The following needs to be investigated
1.) violation of due process rights
2.) my state and federal rights were violated.
3.) false imprisonment
4.) harassment
5.) negligent
6.) malpractice
7.) wrongful conviction
8.) officer misconduct
9.) judicial misconduct
10.) cruel and unusual punishment. Email below evidence when the evidence had been destroyed a email from detective hakala to district attorney kang.
11.) the city of la mirada offered to buy our home at cost saying under the condition I couldn’t live in la mirada nor Whittier.
12.)la mirada law enforcement was raiding our home practically daily.
13.) before this case started detective jerry Reyes told me as he handed me his card with his hand writing on it that if I dident help him he would screw me.
14.) detective hakala and district attorney kang kept inflicting lies on the jury.
15.) I was not on probation or parole when this case started.
16.) our car had also been impounded 3 to 4 times every time officers said just tell us were the drugs are we won’t impound the vehicle and every time I was honest by saying I don’t have any drugs they impounded it any way.
17.) detective hakala went through my confidential legal mail violating my constitutional rights instead of using normal mail he used a 42 u.s.c 1983 to identify me as living here during The trial mentioning a law suite involving Copley
18.) during the proceedings of the case no one had any idea I studied law I even represented my self in the federal courts I studied criminal and civil for about five years including 42 u.s.c $1983"s torts writs civic codes ethics even the CCR title 15 rules and regulations.
19.) I’m hoping to resolve this with out filing in the federal courts I’m exhausting all remedies if the matter is not resolved then I’m given not much choice because I was wronged
Sorry but this is frustrating I just want this matter looked into.
20.) I can prove the following.
1.)defamation of character.
2.) false imprisonment.
3.) negligence.
4.) harassment.
5.) malpractice.
6.) wrongful conviction.
7.) constitutional violations with my civil rights.
8.) including $10.000 dollars of damage to our home.
9.)reckless disregard.
10.) coaxing
11.) including due process rights involved in a criminal court proceeding involving corruption.
12.) the situation that escalated
Into this case was a incident involving a parole officer mr verimontes he worked for la mirada public safety and the Santa fe springs parole department in the year 2001
He was contracted by both at the same time their was a incident involved with are daughters boy friend driving a vehicle in a irate speed going to autozone test driving a 1997 ford explorer some car was parked 3 ft out from the curb
And some kids were playing in the middle of the street they moved out of the street as he was driving up hill and swerved to miss the car when we got back a neighbor showed up cussing and yelling in a violent manner as I got out of the passenger side he was trying to provoke me I asked him to calm down he told me fuck you I said I have kids and theirs no need for this he stated bull I ignored him and went next door and eventually went to the store with our cousin next door not knowing while we were gone the neighbor had called the sheriffs by time I got home their was no law enforcement around but when I reported to parole I was giving him the heads up about possible call made to law enforcement with our address he asked did you have any police contact I stated no he said don’t worry about it then that nite shows up with law enforcement to arrest me for driving with out a license I was in jail double the normal time waiting for my bpt hearing mean while I hired a attorney for ADA issues he had no idea that the attorney representing me at board had investigated his wrong doing because he went to every neighbor showing first my whole criminal past then mug shots asking if they seen me driving the attorney caught him lying under oath at least 12 times the commissioner let me go home when I had got out mr verimontes told me pack up your shit your moving back to Sacramento in such a irate manner to were other people eventually had to get him he told me that if I appealed him he would get a petition with our neighbors so I reported to parole in Sacramento and while I was there I filed a 602 inmate appeal demanding It to be exhausted so I could file a 42 u.s.c $1983 I charged him with the following
1.) racial profiling
2.) negligence
3.) harassment
4.) deformation of character
5.) false imprisonment
6.) I filed to a copy of the bpt hearing tape only to find out it had been damaged 3 days after the hearing when it was not suppose to be damaged for 120 days were I was entitled to a copy of it only to be denied eventually the 602 complaint allowed me to come home after he was involuntarily moved from both jobs.
7.) the city mayor and council members had sheriffs going through any lengths to get me for anything just to send me to prison also to force me to move from la mirada.
8.) we had a 2002 ford explorer literally torn apart to the point it was not worth having the interior completely destroyed.
9.) our home was stalked by sheriffs to the point our kids moved out.
10.) their are witnesses to two sheriff deputies named Morris and tousey that work for the city of la mirada telling every drug addict that I am a kingpin and a drug dealer.
11.) we even called the sheriffs about some one driving a car into our garage door they showed no interest in the damage done to our home.
12.) the sheriffs also known our home had been broken into and vandalized on numerous occasions.
13.) Morris and tousey also were telling people say his name you go free Morris and tousey are Los Angeles county sheriffs.
THIS ALL ADDS UP WASTEFUL
SPENDING
Buddy George – VA107160From: joanne alberry
View Contact To: LAURIE YTARTE
-———————-—————————————————————————————- Laurie,here is the email from the Detective———— Forwarded messagetelling the court that all the property was
destroyed. Sorry about all of it. Feel free to mail
me any payments you can at my office address
4229 Main St Suite 4 Riverside CA 92501 I will
let you know when I find an attorney who will
take on a governemtn entity. good luck to you
and Buddy,Joanne -
-———-From: Date: Fri, Sep 25, 2009 at 7:23AMSubject: Fw: Buddy George – VA107160To:
joannealberry@gmail.com Hi Joanne, Per our
conversation, here is the email from Detective
Hakala confirming that the evidence was
destroyed. I will request that our matter be taken
off calendar today. Thanks.
-—————————-Forwarded by Miriam Kang/DAUsers/NLADA on
09/25/2009 07:22 AM
-———————————— To:cc: Subject: RE: Buddy George – VA107160 I
contacted our central property and the items
seized in the Buddy George case (408-15814-
0460-184) were dispoed on 05-29-09. Any other
questions just let me know. Eric
-—————————-————————————————————————————From: MKang@da.lacounty.gov
[mailto:MKang@da.lacounty.gov]Sent: Thu
9/24/2009 2:49 PMTo: Hakala, Eric J.Subject:
Buddy George – VA107160 Hi Detective Hakala,
Just as a reminder, please email me a letter
confirming that the the property booked into
evidence for this case has been disposed of and
the date of disposal. Thanks so much!
Sincerely,Miriam KangDeputy District
AttorneyTel: 562-807-7211
Posted by Goldy
Friday, December 10, 2010 07:22
I am a plaintiff in a current civil action against Ben Field for Malicious Prosecution. In my case, Field was defending an equipment infraction on a vehicle at the Santa Clara Appellate Court. He proceeded to present misleading case annotations to the court. By doing so, he committed perjury in court, because any sound prosecutor would never rely on annotations alone to present to the court. And in one case, comparing my equipment infraction as equal to a violent murder. After the Appellate court ruled in my favor, because Field argued that a police officer’s word alone was sufficient evidence against a device that was not measured by the officer to exceed the legal limit, where eventually a device measured it to be legal under CA Vehicle Code. The District Attorney in court was asked if an officer’s word alone warrants a conviction, the attorney Laura Aizpuru-Sutton froze, and refused to answer the question from the judge. The attorney could not answer yes, that would have been perjury, and the attorney refused to say no because that would end the court trial right there. This was a weird thing to eye-witness.
Posted by What Happens When Crooked Attorneys Hide Evidence? « CourthouseCover-Up
Saturday, October 23, 2010 09:03
[…] Justice on Trial Monday, October 4th, 2010 7:16 am […]
Posted by What Happens When Crooked Attorneys Cover Up Evidence? « CourthouseCover-Up
Saturday, October 23, 2010 08:56
[…] Justice on Trial Monday, October 4th, 2010 7:16 am […]
Posted by Tulare Residnet
Monday, October 11, 2010 02:07
Phillip Cline is the Elected District Attorney of Tulare County CA. He is a Graduate of the San Joaquin School of Law; a school that is not accredited by the American Bar Association but is accredited by the California Bar Association. This says a lot about Tulare County and the California Bar!
Posted by lincolndemocrat.com » Blog Archive » Atticus Finch where are you?
Thursday, October 07, 2010 09:53
[…] then he was an attorney for the defense: “Significantly, of the 4,741 public disciplinary actions reported in the California State […]
Posted by lincolndemocrat.com » Blog Archive » Atticus Finch where are you?
Thursday, October 07, 2010 09:48
[…] Oh, I forgot. You were a defense attorney. […]
Posted by Another Study Shows Widespread Prosecutorial Misconduct, Little Sanction | The Agitator
Tuesday, October 05, 2010 11:17
[…] A new study of state prosecutors in California out this week comes to similar conclusions. The Northern California Innocence Project reviewed 4,000 cases between 1997 and 2009 and found prosecutorial misconduct in 707 of them (though they caution that this may underestimate the problem). In only six of those cases were prosecutors sanctioned by the California Bar. I wrote about one of those cases. The prosecutor’s boss, Santa Clara County District Attorney Delores Carr, responded by attempting to strip the state bar’s ability to discipline prosecutors. […]
Posted by Another Study Shows Widespread Prosecutorial Misconduct, With Almost No Penalty - Hit & Run : Reason Magazine
Tuesday, October 05, 2010 11:16
[…] A new study of state prosecutors in California out this week comes to similar conclusions. The Northern California Innocence Project reviewed 4,000 cases between 1997 and 2009 and found prosecutorial misconduct in 707 of them (though they caution that this may underestimate the problem). In only six of those cases were prosecutors sanctioned by the California Bar. I wrote about one of those cases. The prosecutor's boss, Santa Clara County District Attorney Delores Carr, responded by attempting to strip the state bar's ability to discipline prosecutors. […]