Prosecutorial Misconduct: Prosecutor Hides Evidence in Sex Crimes Case

A State Bar judge on January 18, 2013 found that a prosecutor was guilty of prosecutorial misconduct due to “suppressing evidence” and was ordered by the judge to suffer “public reprisal as his punishment”.

Prosecutorial Misconduct

In the case before the court the judge determined that the Deputy District Attorney had failed to disclose a videotape that was favorable to the defense in a sexual assault case. The videotape related to a medical examination that had been undergone by the alleged victim in the felony sexual assault case.

The defendant in the sexual assault case was convicted by a jury. However, the court of appeals reversed his conviction due to the prosecutorial misconduct.

Kathleen Ridolfi, a professor at the Santa Clara School of Law had been pressuring the State Bar to actively pursue misconduct by prosecuting attorneys. She was quoted in the Los Angeles Daily Journal article as saying “I would say, in the scheme of things that a public reprimand for a Brady violation-the public embarrassment of it and the message it sends to prosecutors and the justice system is very important and meaningful”

A “Brady violation” is when the prosecution fails to turn over evidence to the defense in a criminal case that is found to have deprived the accused of a fair trial.

Contact A California Criminal Defense Attorney

When you are facing a criminal charge a conviction could send you to jail and ruin your life. The stakes are too high to not have an experienced criminal defense law firm making certain that the prosecution doesn’t “hide evidence” that could help you win your case. At Wallin and Klarich we have been battling for our clients against prosecutors for over 40 years. We will fight for you from the minute you decide to hire us to help you in your time of need. Call us at 888-749-0034 or fill out our intake form for immediate assistance. We will be there when you call.