Controversial California Supreme Court Ruling Violates a Defendant’s Right to a Fair Trial

On April 19, 2012 the California Supreme Court held that in some cases a trial judge can make an order that an accused not be allowed to be told by his own criminal defense attorney about certain evidence against him. While this is hard to believe, it is true and it is yet another obstacle that has been placed in the way of an accused person receiving justice in our California Courts.

This specific case dealt with murder charges being brought against several gang members. One of the gang members had reached some sort of plea bargain with the prosecution in exchange for him providing a declaration as to what happened at the shooting. The prosecution asked for the judge to issue an order barring the defense attorney for the accused from sharing that information with the accused. Of course, the District Attorney argued that it would put the gang member (who had provided the declaration) at risk if the accused and other gang members found out that he had cooperated with the prosecution.

While the intentions of protecting a cooperating witness are noble, without the accused being told of what the evidence is against him, he cannot help his murder attorney prepare his defense. Without being able to discuss the specific facts in the declaration how can the accused help his lawyer reply to the specific allegations against him? This defendant is facing murder charges and if convicted is facing the rest of his life in prison. The California Supreme Court has said this is “okay” and reversed a lower court that refused to issue the court order.

This is a very dangerous day for those persons who are fighting for their freedom. Now at the request of the prosecution a trial judge can decide that the person who is facing the rest of his life in prison (and who is presumed innocent under our laws) may not be told of certain critical evidence that they are going to try to use against him at trial.

It is critical that this decision be appealed to the United States Supreme Court.

It has been reported that the lawyers for the accused plan to appeal shortly.

We will keep you advised as to the outcome of the appeal. For all of us who believe in the right of an accused to receive a fair trial when facing serious criminal charges lets hope that this decision will be reversed. Until that time every criminal defense attorney in California better be ready to oppose any such attempts by the prosecution to prevent them from sharing evidence with their clients.