After prosecuting the innocent Cynthia Sommers, Bonnie Dumanis moves ahead in her apparent quest for the Mike Nifong award

I don't understand why Bonnie Dumanis isn't investigating where the arsenic in some tissue samples came from. Dumanis is more and more exhibiting a resemblance to Paul Pfingst (who prosecuted Stephanie Crowe's 15-year-old brother), Ed Miller (who prosecuted Dale Akiki) and Mike Nifong (who prosecuted the Duke LaCrosse players). It's one thing to make a mistake. It's another to keep prosecuting an innocent person just to gain political capital as your mistakes grow from simple errors into abuse of the justice system.

How about putting Patrick O'Toole charge of finding out who put the arsenic in some of the tissue samples? He should have some time available now that a jury has found Chula Vista councilman Steve Castaneda not guilty of Dumanis's politically-motivated charges of perjury during an investigation that found no crime.

From CNN.com
by Beth Karas, In Session correspondent
April 21, 2008

"When I interviewed Cindy Sommer at the Las Colinas Women’s Detention Facility here a week ago, neither one of us had any idea that she was spending her last days behind bars. She was a free woman four days later...

"...As I look back on the developments in her case from her conviction in January 2007 to her release last week, lessons come to mind from my years as a DA in Manhattan. A senior DA took me aside during my first year and told me to watch the old Western movie, “The Oxbow Incident,” which deeply moved him. In the movie, based on the book, three innocent men were lynched by a mob when law and order were abandoned.

"My colleague wanted me to understand the immense power of a prosecutor and the need to reign in a “rush to judgment” mentality. He emphasized that doing justice doesn’t always mean trying to secure a conviction but doing what’s right whether it’s lowering the charges or dismissing them outright.

"Sommer’s case may not have been a classic rush to judgment since there wasn’t even a criminal investigation until 15 months after Todd Sommer’s death. Moreover, Sommer wasn’t arrested until November 2005, more than three years after her husband’s death. Despite the holes in the prosecution’s case—the most glaring being no link between Sommer and arsenic—a jury of twelve San Diegans found her guilty. She was facing a sentence of life without parole.

"San Diego District Attorney Bonnie Dumanis says the system worked in Sommer’s case. When they recently found more tissue samples of her late husband, the D.A. sent them for testing at a private lab. The absence of arsenic in the tissues led to Sommer’s release last week. The most Dumanis will now say is that there is reasonable doubt. She won’t go as far as Roy Cooper in North Carolina when he declared the three former Duke lacrosse players innocent. But in the eyes of many who followed her case closely, Sommer has now been totally exonerated."

Click here for CNN link.

Bonnie Dumanis and Mike Nifong: More alike than she wants to admit

I read San Diego District Attorney Bonnie Dumanis' opinion piece in the San Diego Union Tribune today.

After scanning four columns of print that read like a high school civics lesson, I realized that Bonnie had sidestepped the glaring truth and the most important lesson of the Nifong case: it is wrong to prosecute someone in order to get reelected.

Why didn't you address the real problem, Bonnie? Mike Nifong couldn't resist the temptation to go after three rich white privileged young men in order to get votes from his working-class district.

You don't need to answer that question, Bonnie. I know the answer. It's a very sensitive issue for you, since you've done exactly the same thing that Mike Nifong did. You prosecuted a young man, Jason Moore, who took two hours off work, simply because it would please your rich white constituency. Moore was targeted because he used those two hours to spy on a Cheryl Cox yacht party. Chula Vista City Councilman Steve Castaneda has revealed that your unit has also investigated him. It appears that you have allowed Cheryl Cox's supporters to dictate the list of targets that your "public integrity" unit investigates.

Perhaps someone ought to investigate your "public integrity" unit. The first thing they would find is Patrick O'Toole, a former US attorney who might very well run against you if you were to allow him to outflank you on your right. It looks like you gave him freedom to investigate anyone he wants, no matter how politically motivated the investigation is. You want to keep him happy so he doesn't run against you, don't you?

In your favor it must be said that you have decided to sacrifice just one young man to your political ambitions. You obviously know what you've done, Bonnie, or you wouldn't have so carefully avoided talking about the true reason for Mike Nifong's moral collapse: political ambition.

Voice of San Diego published a piece about the problem of politically-motivated prosecutions, such as the Dale Akiki case that cost District Attorney Ed Miller his job. Here a comment by Billy Bob Henry on that article:

"Ed Miller of course lost his job over the Aikiki scam, and he should have been disbarred. Nifong-if he was in CA-would not be disbarred. No prosecutor, that I can recall, no matter how unlawful an act they have committed, has ever been disbarred."