This issue of prosecutors engaging in misconduct related to criminal cases in Los Angeles is a big one. I've had several instances in which the prosecutors have engaged in activities that are inappropriate and not in line with seeking justice.
I had one case where the main witness or the primary alleged victim in the case we knew was a drug dealer and was involved in a drug deal at the time this alleged crime went down. He wouldn't talk to my investigators. He was talking to the police investigators, and he certainly wasn't telling them anything about being involved in a drug deal.
Where the prosecutorial misconduct came in is the prosecutor interviewed him before the trial, and he admitted that he was involved in a drug deal when the whole thing went down, and the prosecutor did not disclose this to the
defense.
So, the jury trial starts. I'm cross-examining the witness, and I say, you were a drug dealer, and you were dealing drugs when all this went down. He said you're right. I've told the prosecutor, and we said, when did you tell the prosecutor?
He said he told them that about two weeks ago. At that point, the trial was stopped, and the prosecutor had violated his duty to turn over statements and evidence exculpatory to the defendant. In other words, it helps the defendant.
It could get the defendant a not guilty verdict, which could help the defendant get a lesser charge. That information has to be turned over to the defense, and not to do so is definitely prosecutorial misconduct.
Discovery and Witness Intimidation
So, the prosecutors in Los Angeles County are cautious when you ask them for discovery or turn it over. They make sure they give it to you, and you have to sign for it. They know this is definitely where they could get in trouble.
Other forms of prosecutorial misconduct that I've seen are intimidating witnesses, where they try to tell the witness what to say and threaten them sometimes. If they don't testify a certain way, then they're going to be prosecuted. They're going to be put in jail.
This type of conduct would obviously be prosecutorial misconduct, and it would be highly inappropriate. If anybody found out about it, the prosecutor would be subject to discipline, and the defendant would certainly be entitled to something, depending on the circumstances of the case and when the prosecutorial misconduct occurred.
Besides that, I have been practicing law for twenty-five years in LA County. I worked for the DA's office and, in the early 1990s, for a judge, so I've seen a lot of things. The District and City Attorneys' offices in Los Angeles are pretty up and down.
There are always examples of prosecutors, just like there are people in any line of work who are not fair and are really just seeking to prosecute people instead of looking at all sides of the story. But for the most part, both those branches of prosecutorial people are very reasonable, try to be fair, and don't try to play games—not like in the civil arena.
Prosecutorial misconduct in Los Angeles County is not rampant. It very rarely occurs for several reasons. Again, the prosecutors are well-respected in LA, but also because you get in big trouble.
Not only do you ruin the case for the government if you're engaged in prosecutorial misconduct in LA, but you could also be subject to being disciplined by the State Bar of California, lose your license, or lose your job—so they're not going to get involved in that type of stuff. It's hazardous for them to get involved in any action construed as prosecutorial misconduct.
If you have a case where you think the prosecutor is unreasonable or engaged in misconduct, you obviously want to get in front of an attorney as soon as possible and make sure that that attorney looks at every angle of your case so that you can use every angle to get out of the criminal justice system as fast as possible.
