Most scathing opinion ever?!

A little late blogging this…the COA issued a scathing opinion in the OC snitch scandal case. The AG argued the trial court erred in disqualifying the entire DA’s office from prosecuting the case. Here’s what the COA had to say about that: “On the last page of the Attorney General‟s reply brief it states, ‘The trial court’s order recusing the OCDA from prosecuting Dekraai’s penalty phase trial was a remedy in search of a conflict.’ Nonsense. The court recused the OCDA only after lengthy evidentiary hearings where it heard a steady stream of evidence regarding improper conduct by the prosecution team. To suggest the trial judge prejudged the case is reckless and grossly unfair. These proceedings were a search for the truth. The order is affirmed.”   (Italics in original.) published opinion calling your argument nonesense. In italics. AWKWARD.

Long opinion, but a good read to understand the extent of the outrageous misconduct. It seems the DAs were so deep in it they started relying on idiocy as a defense before the trial court “I’m just not that familiar with Massiah.” Glad the trial court and COA shut it down and the level of outrage I have for Kamala Harris in appealing the order as well as staying hands off has reached new heights. She should be investigating the DAs and Sherrif’s office not defending them with arguments that have now been deemed nonsensical as a matter of law.

I’m also mad at her because  she just announced her office will step in to defend the cash bail system–something the SF city attorney won’t do. 

Here’s hoping the next AG isn’t worse. Although yes I acknowledge she has some progressive criminal justice policies. 

Interesting competency procedural issue case today

Court of Appeal reversed a conviction today on an issue the defendant did not initially raise on appeal. D claimed there was not sufficient evidence he was competent after the trial court ruled otherwise.  The Court of Appeal held that the real issue was whether the trial court erred in ruling on the ultimate issue of competency without first ruling on whether there was evidence of a doubt of competency. If there was, then the court was to proceed to a full blown trial on competency. 

I don’t want to make light of someone’s mental illness but I will note that the defendant’s delusion seems pretty pretty pretty understandable and I can’t say he’s alone in having it:

“Defendant explained to Dr. Leeb that when he looked at the prosecutor, he saw “this evil darkness, like an attacking vampire. I get so scared I can‟t sit at the table. I‟m jerking all around. I wanted to dive under the table. I won‟t go into the courtroom.”
Dr. Leeb continued, “When [defendant] stated, I see this evil darkness,‟ he shrank down into his chair, his eyes went wide, and you can [sic] see the fear response on his face, and his voice got high and he says [sic]…I‟m not going to go in there,‟ and he went like this with his arms (indicating), in what appeared to be a protective gesture.” Dr. Leeb then demonstrated the “attacking vampire,” as defendant had described how he saw the prosecutor.”