This author, Mr. Fiumara who has been practicing criminal defense law for almost a quarter of a century, comments on the candid comments made by the Chief Judge of the Ninth Circuit. The Ninth Circuit Court of Appeals has taken a giant step toward doing something about prosecutorial misconduct including “naming names” if the California Attorney General (Kamala Harris) does not ACT within a short period of time. In an unusual move, the court strongly recommended that the line prosecutor himself who knowingly provided false testimony from an informant in a murder trial be prosecuted for perjury. The entire video of the oral argument is available to view on our law firm’s website and is also available on our Law Firm’s Facebook or you may click here,http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006910
The Baca v. Adams Appeal is illustrative of a clear violation of the Supreme Court’s decision in the Napue case, where the Court held that prosecutors cannot put on perjured testimony, much less lie themselves. Judge Alex Kozinski, Chief of the Ninth U.S. Circuit Court of Appeals, takes this one step further when he strongly opines that prosecutorial misconduct happens far too often when it should never happen at all! Further, this outspoken judge is quoted to state that the entire program of “cooperation” (between the Prosecution and Defense Counsel) is rife with problems. Prosecutors often put extraordinary pressure on the worst criminals, threatening not only them but their families. After testifying, the person who knows he will go to prison no matter what (because he really is guilty), the prosecutor then offers life-saving benefits, often secretly, in exchange for testimony against many less culpable “targets” of the government’s investigation. In other words, the prosecutors will do anything, including committing bribery and perjury, to win a prosecution and secure a guilty verdict. This does not constitute, “Justice” and this is what is partially responsible for the overwhelming number of innocent victims of the” justice system” who end up spending dozens of years in prison who are not guilty.
The Baca v. Adams case audio and video highlights to what degree the prosecution will go to in order to “win.” YOU may watch the tough questions pelted at the State’s attorney trying to defend the prosecutor’s misconduct and perjury with the link that we provided above you can be the “Judge” of the seriousness of this problem identified by one of the most important high Courts in the land! This is a very scary proposition for our clients. If you have any questions or concerns about your case, Brady evidence and/ or, prosecutorial misconduct, please contact our office anytime at: (707) 571-8600 in Santa Rosa and (415) 492-4507 in San Rafael.