Showing posts with label malicious prosecution. Show all posts
Showing posts with label malicious prosecution. Show all posts

Friday, October 10, 2014

Los Angeles woman freed after spending 17 years in prison for murder she didn't commit



Los Angeles woman freed after spending 17 years in prison for murder she didn't commit
NEW YORK DAILY NEWS
October 10, 2014
After 17 very long years of proclaiming her innocence, a Los Angeles woman was finally freed Friday by a judge who ordered her immediate release from behind bars.

"I believe that not only is Ms. Mellen not guilty, based on what I have read, I believe she is innocent," said Superior Court Judge Mark Arnold. "For that reason, I believe in this case the justice system failed."

Susan Mellen wept as the judge spoke, as did her grown children seated in the courtroom.
Then applause erupted.

The poignant moment culminated nearly two decades of battling for her freedom. Mellen was sentenced to life without the possibility of parole for the 1997 killing of a homeless man named Richard Daly.

Mellen had once dated the man.

Deidre O'Connor, who investigated Mellen's case for Innocence Matters, said her murder trial was completely based on the testimony of a woman who was notorious for giving bad tips to police.


June Patti, who died in 2006, testified she heard Mellen confess to the murder.

But three gang members were later linked to the killing, and one was ultimately convicted of the crime.

Mellen's children were age 7 and 9 when she was sent away.

"Although each member of this family suffered tremendously, they remain a close family unit," O'Connor said.

With News Wire Services

Saturday, August 9, 2014

Fresh doubts over a Texas execution; New evidence revives concerns that a man was wrongly put to death in 2004

 
 
New evidence revives concerns that a man was wrongly put to death in 2004
Published on August 3, 2014
 
CORSICANA, Tex. — For more than 20 years, the prosecutor who convicted Cameron Todd Willingham of murdering his three young daughters has insisted that the authorities made no deals to secure the testimony of the jailhouse informer who told jurors that Willingham confessed the crime to him.

About this project: The investigation was reported and written by Maurice Possley for The Marshall Project, a new nonprofit news organization focused on the criminal justice system. Sign up for updates on their launch.

Since Willingham was executed in 2004, officials have continued to defend the account of the informer, Johnny E. Webb, even as a series of scientific experts have discredited the forensic evidence that Willingham might have deliberately set the house fire in which his toddlers were killed.
But now new evidence has revived questions about Willingham’s guilt: In taped interviews, Webb, who has previously both recanted and affirmed his testimony, gives his first detailed account of how he lied on the witness stand in return for efforts by the former prosecutor, John H. Jackson, to reduce Webb’s prison sentence for robbery and to arrange thousands of dollars in support from a wealthy Corsicana rancher. Newly uncovered letters and court files show that Jackson worked diligently to intercede for Webb after his testimony and to coordinate with the rancher, Charles S. Pearce Jr., to keep the mercurial informer in line...

Monday, May 5, 2014

Prosecutor Confirms Records Sought By KPBS Exist In DA’s Office


See all posts regarding the Jason Moore/Bonnie Dumanis political prosecution issue.

Prosecutor Confirms Records Sought By KPBS Exist In DA’s Office
By Amita Sharma
KPBS
May 5, 2014

The office said it will decide by Monday whether to release records.

Records concerning a prosecution of Chula Vista officials are at the San Diego County District Attorney's Office after all.

A month ago, officials in the office of District Attorney Bonnie Dumanis said the records requested by KPBS did not exist.

KPBS asked the DA's Office in early March for records, including emails, about a call former Chula Vista Mayor Steve Padilla said he received from Dumanis in late 2005. Padilla said Dumanis asked him to appoint her aide to a vacant council seat.

A recent KPBS story noted that within weeks of Padilla's refusal, Dumanis began investigating the entire Chula Vista City Council without revealing her call to Padilla. In late March, the DA's Office told KPBS it did not possess records related to the request.

KPBS sent another Public Records Act request two weeks ago seeking the same records from Deputy District Attorney Patrick O'Toole. He oversaw the Chula Vista investigations. Within hours, O'Toole wrote that he had the records and sent them up the chain of command for consideration.

The DA's Office also told KPBS in March that records pertaining to the investigation are legally exempt from disclosure.

"To the extent your request is for 'records pertaining to or discussing the Padilla or Castaneda investigation, or any investigation pertaining to this,' these records are exempt from disclosure under the 'investigative files' exemption," wrote Deputy District Attorney Julie Reizen in a letter to KPBS.

Reizen also cited the "deliberative process" privilege.

But Peter Scheer, executive director of the California First Amendment Coalition, said neither of those exemptions apply to records such as emails discussing the call to Padilla, or how it might have affected subsequent investigations.

"The communications, the email communications that raised questions or doubts, were not part of the investigative file for the prosecution," Scheer said. "The deliberative process privilege is a much abused, very broad privilege. They have to justify a determination that the public interest in keeping it secret outweighs the public interest in making it public. There's no reason to keep it secret except to avoid embarrassment."

Scheer added that even if the records were legally exempt from disclosure, Dumanis could choose to release them.

The DA's Office said it will decide Monday whether to release the emails.

Friday, April 25, 2014

Justice at last for Jason Moore? Prosecution by Bonnie Dumanis for taking two hours off work now proven to be political


It's about time that the abusive political prosecution of Jason Moore should be rectified. Steve Castaneda also seeks information about the political prosecution he endured.

See recent revelation: Phone Call Raises Questions About DA Dumanis’ Chula Vista Investigations


News Of Dumanis Call Prompts Request To Strike Plea Deal
By Amita Sharma
KPBS
April 24, 2014

An aide to former Chula Vista Mayor Steve Padilla wants to undo his 2008 misdemeanor guilty plea.

Jason Moore's defense attorney says his client should have been told about District Attorney Bonnie Dumanis' call when he was charged.

The request follows news of a call San Diego District Attorney Bonnie Dumanis made before she investigated Chula Vista city officials.

In 2007, former Padilla aide Jason Moore faced five felony charges for perjury. Moore was caught spying on the political enemy of his boss at an event during work hours. Prosecutors said Moore lied about when he submitted a request to take time off from work. Moore ultimately pleaded guilty to a misdemeanor in a deal with the DA’s office.

Moore’s attorney Knut Johnson said that deal would have never been cut today. Johnson says revelations in a KPBS story this week changed everything.

The story reported that Dumanis called then-Mayor Padilla in 2006 just weeks before she started investigating Chula Vista city officials. Padilla said Dumanis asked him to appoint her own aide to a vacant Chula Vista City Council seat. Padilla refused and soon afterward, she launched her probes.

"If the district attorney called up Mr. Moore’s boss and tried to get that boss to make a city council seat available for one of her employees and then when refused a week later started an investigation that included subpoenaing Mr. Moore to the grand jury, that was undisclosed and we should have known about that," John said. "It's such an obvious conflict of interest."

Johnson said he plans to file court papers arguing that Moore’s plea deal was obtained illegally. The DA’s office said it had no comment at this time.



Here's one of my early posts about the Jason Moore case:

Is Jason Moore the Dale Akiki of Bonnie Dumanis?
May 20, 2007

Tanya Mannes writes about Bonnie Dumanis' mysterious "Public Integrity Unit" in this morning's San Diego Union-Tribune:

"In existence about 14 months, it has filed charges against one person: Jason Moore, a former Chula Vista mayoral aide." Jason Moore worked for Steve Padilla, a Democrat who was in a run-off election against Republican Cheryl Cox.

The investigation of Moore, for taking two hours off work to take pictures of Cheryl Cox with David Malcolm at a Cox fundraiser, began in August 2005, well before the November election. Oddly, Bonnie Dumanis says, that in the future, in most cases, "we will not investigate a complaint until after an election."

Bonnie says her office is determined to be nonpolitical. When will that start, Bonnie? Specifically, when will you investigate complaints against Cheryl Cox and her associates?
v Dumanis did not even announce the existence of her "Public Integrity Unit" until March 1, 2007. Jason Moore was indicted on March 27, 2007.

O'Toole and Dumanis have each claimed to be personally interested in prosecuting perjury. But Dumanis' office recently refused to investigate proven perjury regarding illegal actions committed at Chula Vista Elementary School District when Bertha Lopez and Cheryl Cox were trustees of CVESD.

UPDATE April 25, 2014:

Maura Larkins' note: I imagine that readers are more likely to believe me regarding illegal actions and perjury committed by school officials in the South Bay after the recent revelations of pay-for-play deals with contractors. See related posts. I think these revelations will hurt Bonnie Dumanis in her contest against Bob Brewer in the upcoming election for district attorney in San Diego. But I hope that Bob Brewer, if he wins, won't give all public officials a free pass. I worry about that since Bob Brewer has made most of his money defending powerful white collar players. And he even has Bonnie's henchman Patrick O'Toole, who savagely prosecuted Jason Moore and Steve Castaneda, in his camp. That's sort of scary...

I just discovered that Bertha Lopez pled guilty yesterday to an extremely small potatoes transgression: accepting a gift over the limit. Bonnie Dumanis has not gone after the serious, truly high-stakes corruption in schools. I blame Bertha Lopez for harming students by rubber-stamping corrupt actions by both Republicans and Democrats in schools, but I believe that her prosecution by Bonnie Dumanis was largely political. Obviously, Bonnie Dumanis didn't want a trial because Bertha might have revealed too much about the corruption she knows about.

The San Diego Union-Tribune reports: "Two more Sweetwater school board members pleaded guilty Thursday to minor charges in the South County political corruption investigation, effectively ending a case once described as the worst corruption scandal in a decade on a muted note. Board President Jim Cartmill and trustee Bertha Lopez each pleaded guilty to a misdemeanor charge of accepting gifts over the state limit. They will be sentenced in June."


In a related case, another political target of Bonnie Dumanis also asks for follow-through on the new information about the D.A.'s political motives.

Ex-Chula Vista Councilman Wants DA To Release Emails
By Amita Sharma
KPBS News
April 22, 2014

Former Chula Vista City Councilman Steve Castaneda called on District Attorney Bonnie Dumanis to release emails connected to his 2008 prosecution.

Former Chula Vista City Councilman Steve Castaneda called Thursday on District Attorney Bonnie Dumanis to release emails connected to his 2008 prosecution.

Castaneda's request followed a KPBS report that Dumanis investigated him and his colleagues after failing to get her aide appointed to a vacant Chula Vista council seat.

In 2006, Dumanis opened an inquiry into whether Castaneda received favors from a developer. That was months after then-Chula Vista Mayor Steve Padilla said he refused Dumanis' phone request to appoint an aide, Jesse Navarro, to a vacant council seat. Castaneda was later indicted on accusations of lying to a grand jury.

A jury acquitted him on most of the charges and hung on others.

Castaneda said he should have been told about Dumanis' call to Padilla. He now wants the District Attorney's Office to release all emails regarding his case because he wants to know "what happened and why it happened."

"Frankly, if she were on my side of the prosecutorial desk, she'd be at a grand jury right now," Castaneda said. "And she's hiding behind her status and her position, and I think she owes it to not only me and my family, but she owes it to the people of San Diego County."

A Dumanis spokeswoman released a statement on the matter saying, "Mr. Castaneda's criminal case is closed and we will not allow the District Attorney's Office to be used as a political pawn."

KPBS also asked for the same emails but was told the records didn't exist and would be exempt from disclosure anyway.

Friday, March 14, 2014

Astronaut's mom helps overturn murder conviction


Joyce Ride

Astronaut's mom helps overturn murder conviction
By Thom Patterson
CNN
March 14, 2014

Sometimes the act of one person can alter the entire course of someone else's life. For Joyce Ride, that act was befriending a prisoner named Gloria Killian. Their friendship marked the beginning of an amazing journey for both women.

Private eye finds jaw-dropping proof of a plea deal for testimony

(CNN) -- After almost 17 years in prison, this was it: This was The Moment.

Gloria Killian's murder conviction had been overturned. Carrying a small bag of her belongings, she walked out of prison as a free woman.

Only ex-prisoners can fully know the emotions that overtake someone during such a moment. It's a mix of two feelings: joy -- for surviving their ordeal -- and fear about the challenges they surely will face in the outside world.

For Killian's friend Joyce Ride, then in her late 70s, picking up Killian was also very emotional. "Seeing her walk out was a really great joy," Ride told CNN, recalling that day in 2002. "It was like a load was lifted off my shoulders."

Murder case breakthrough: The letter (VIDEO)

The two women noticed a crowd of inmates and visitors had gathered to watch this magic moment. Suddenly the inmates started waving goodbye.

The sendoff was sort of a thank-you note. "Gloria was very popular," Ride said. Killian had used her education as a former law student to perform legal work for some of the inmates.

Killian settled into Ride's passenger seat and Ride steered toward the exit. "We did a lap around the parking lot to wave back at them," said Ride.

Half an hour later, the two friends enjoyed a meal at an Italian restaurant, where Killian savored her first glass of wine since 1986. For someone sentenced to 32 years to life, it was a sweet victory following a hard-fought journey.

Six suitcases of silver

It all started in 1981, when Stephen DeSantis -- disguised as a phone repairman -- entered the home of elderly coin collector Ed Davies and his wife, Grace, in suburban Sacramento, California. According to the Ninth U.S. Circuit Court of Appeals, DeSantis tied up the couple and was joined inside the house by his cousin Gary Masse. Ed Davies was shot and killed. His wife was also shot, but survived. The cousins stole six suitcases of silver.

After an anonymous phone tip accused Masse and DeSantis, police went on the hunt. "When officers attempted to find Masse, they encountered his wife, Joanne, who told the officers that a woman named Gloria planned the robbery," appeals court documents said.

Killian was a former law student in her 30s who'd never been in trouble with the law. Masse's wife told police her husband had met Killian through a mutual friend, according to Killian's book, "Full Circle." Police questioned Killian and held her without bail for about four months.

She told police she was innocent and had never met Masse, and was released for lack of evidence. Then, without warning a year later, police locked Killian away again without bail. Masse had suddenly told authorities that Killian was the crime's mastermind.

For a time, the death penalty loomed over Killian, but in 1983 the California Supreme Court changed the rules regarding the execution of accomplices to murder. That ruling made Killian eligible for bail until her trial began, more than two years later.

Although Masse implicated Killian at the trial, his cousin DeSantis had testified at his separate trial that "Killian was not involved in the crime in any way and that he had never even met or heard of Killian," according to court documents.

But the jury believed Masse's story and convicted Killian on charges of murder, robbery and conspiracy. She was locked up at the California Institution for Women prison at Chino.

'She probably wasn't a criminal'

It wasn't until the early 1990s that Joyce Ride came to the rescue.

She was visiting women inmates as a member of Friends Outside, one of many nonprofits across the nation that help inmates and their families cope with incarceration and transitioning to and from prison life. By supporting prisoner visits by friends and family members, Friends Outside says, it reduces stress among prisoners, preventing despair and unhealthy behavior.

Ride had already raised two daughters as a California housewife. One had grown up to become a Presbyterian minister. The other, the late Sally Ride, had become NASA's first woman astronaut.

I'm annoyed by injustice. Profoundly annoyed. --Joyce Ride, prison volunteer

A nun who volunteered by visiting women in jail inspired Ride to learn more about why so many women who are victims of domestic abuse end up in prison. After her husband died, Ride began dedicating many of her days to visiting incarcerated women. "It interested me," she said.

Ride's younger daughter, the minister, understood. But it confused her astronaut daughter. "Sally couldn't figure out why I was visiting prisons," Ride said. Compared to her work at NASA, she said, "it was a whole other world."

It was pure coincidence that Joyce Ride met Killian in prison. They hoped to work together to help women inmates who had suffered from domestic violence.

"Gloria had a good sense of humor and we just got along very well," Ride remembered. After about a year of visits, "it dawned on me she probably wasn't a criminal. So I asked her why she was there."

Killian told Ride her story.

Ride was convinced Killian was innocent. She felt that she had to do something.

Despite Killian's objections, Ride started financing a private investigation and legal battle that eventually would win Killian's freedom.

"I was willing to be stubborn and do what it takes," Ride said. "Of course when I started out I didn't know what it was going to cost." The decade-long battle cost Ride about $100,000. She sold stocks to raise money for Killian's defense and had to pay taxes on that income, she said.

Ride's private investigator, Darryl Carlson, uncovered a damning piece of evidence:

It was a letter that proved the prosecution's star witness, Masse, had struck a deal. In exchange for leniency, Masse testified that Killian was the master planner of the home invasion and murder.

Killian's prosecutor had never shared that letter with Killian's lawyers during the original trial.

Read the prosecutor's letter

In hopes of overturning the conviction, Killian's lawyers used this and two other letters to appeal to the U.S. Ninth Circuit Court of Appeals.

Circuit Judge Michael Daly Hawkins wrote that the letters "exposed Masse's motivation to lie and tended to show that he did lie." The letters made Masse's testimony worthless and "without it, there was no case," Hawkins wrote.

Hawkins noted that one of the other documents discovered by Killian's team was a letter Masse "wrote to the prosecutor shortly after Killian's trial in which he emphasized that he 'lied (his) ass off on the stand' for the government."

Read the official transcript of Masse's letter

Read the opinion of the Ninth U.S. Circuit Court of Appeals

Eventually, prosecutors dismissed the charges against Killian.

The ordeal was over.

But not before Killian had spent nearly two decades behind bars.

Housemates

In 2008, State Bar of California prosecutors brought "prosecutorial misconduct" disciplinary charges against the prosecutor, Christopher Cleland. The court ruled Cleland was "culpable of failing to disclose exculpatory evidence (one letter) to the defense..." As a result, the court determined Cleland should receive an "admonishment" — which is considered neither discipline nor exoneration.

Read the California State Bar Court's decision

Now, a dozen years after her release, Killian and Ride are still supporting each other as the best of friends -- sharing Ride's home in Claremont, California.

"All of Gloria's relatives died while she was in prison," Ride said. "So, when she got out, I offered her a place to stay." They've recently taken in a third housemate, a woman Killian befriended in prison.

In the decade since her release, Killian has raised money to help women prisoners. She has founded an advocacy group, the Action Committee for Women in Prison. She also tells her story on the speaking circuit.

At age 90, Ride isn't stopping either. She's still volunteering and visiting inmates.

"Prisoners are persons like the rest of us, and they've made mistakes," Ride said. "I think prisoners need friends on the outside."

For Killian, having that friend made all the difference in the world.

Ride says America should do more to support the nation's prison population. What do you think? Share your thoughts in the comments...

Friday, December 20, 2013

Los Angeles doctor runs down pedestrian, then gets him arrested


Author Steve Bevilacqua

Doctor causes harm, then lies about it to escape blame. Haven't I heard this before?

"...road rage lunatic who happened to be a doctor...The driver also pulled the gender card and claimed that her actions were justified because she was "very afraid" of me, despite the fact that she was in a car and I was on my ass in the street."


Book: A Layman's Handbook for Those Falsely Accused of Felonies
Man Run Over By Doctor Faced Lengthy Prison Sentence & Was Then Redeemed On National TV By Judge Judy
Ryan McCormick
Nov 19, 2013

One day Steve Bevilacqua was hit by a car crossing the street and almost went to prison for it. The driver who ran him down was charged with nothing, and Steve spent months in court fighting mandatory prison sentences for imaginary crimes. His book "KAFKA AT THE BEACH: A Layman's Handbook for Those Falsely Accused of Felonies" offers a firsthand account of being on the wrong end of America's justice system.

In KAFKA AT THE BEACH Steve Bevilacqua reveals:

How & why he was facing an 18-month mandatory prison sentence for assault, battery, and strong-armed robbery against the woman who ran him over with her car - crimes he did not commit.

How after he was run over, the driver cursed him, got out of her car, and then attempted to physically assault him.

A corrupt LAPD detective adds more false charges to Steve's existing ones.

In court, Steve meet the alcoholic city attorney who, chomping on pretzels and nursing a hangover, keeps confusing his case with others and becomes hellbent on sending Steve to prison for two years.

Redemption: TV's Judge Judy ruled in Steve's favor as he was suing the driver for cost incurred of her making deliberate false statements.



Santa Monica courthouse

"In the bizarre totalitarian odyssey that devoured a year of my life. I fought off a ferocious campaign to put me in prison, experienced the joys of bankruptcy, and struggled through an absurd maze of court-ordered therapy. However, I ultimately triumphed, achieving vindication on national television at the hands of the snarling modern-day Solomon known as Judge Judy." Steve Bevilacqua

Lights, Camera, Justice: If Only the Los Angeles Court System Were More Like Judge Judy
Steve Bevilacqua
Huff Post
07/31/2013

I was run down by a car while crossing the street, and almost went to prison for it, thanks to our local court system. Granted, what happened to me was an extreme incident, propelled by a road rage lunatic who happened to be a doctor yet should never have been listened to by anyone. The driver also pulled the gender card and claimed that her actions were justified because she was "very afraid" of me, despite the fact that she was in a car and I was on my ass in the street. But what transpired for the next 8 months in our city's court system was a totalitarian nightmare straight out of Kafka's The Trial.

Hundreds of hours, thousands of dollars, and one surreal stint in court-ordered therapy later, I was ravaged but free. Then this legal deathmarch was to play itself out again, on television. Amazingly enough, in one extremely loud afternoon, my fiasco was set right by the modern-day Solomon known as Judge Judy. The actual court system spent months squeezing every technicality in their agonized efforts to send me to prison at the expense of the obvious truth. Judge Judy was direct and ferociously sensible...

During my months in court, I endured City Attorneys defending a driver's right to run down a pedestrian with her car, while refusing to charge her with anything. The driver even admitted giving the finger to the downed pedestrian as she fled the scene, yet she didn't even receive a traffic ticket...

I have yet to see an argument based on some pigshit technicality succeed on Judge Judy while, in real courts, it seems to happen as often as not...

Wednesday, December 18, 2013

It's Hard for a White Guy to Get Himself Arrested

From Courthouse News
...Constantino, who was wearing the same ensemble that he has worn for many of his demonstrations: a Hugo Boss suit, Yves Saint Laurent tie, a lion-decorated silk handkerchief in his breast pocket and Cole Haan wingtip oxford shoes. Constantino wears the self-styled "magic invisible suit of miracles" in wry comment on the trappings of white privilege...

It's Hard for a White Guy to Get Himself Arrested
By Kevin Drum
Daily Kos
Dec. 17, 2013

Over at The Atlantic, a former prosecutor named Bobby Constantino has a piece called "I Got Myself Arrested So I Could Look Inside the Justice System." It's oddly riveting. It starts with a description of his former career:

In between the important cases, I found myself spending most of my time prosecuting people of color for things we white kids did with impunity growing up in the suburbs. As our office handed down arrest records and probation terms for riding dirt bikes in the street, cutting through a neighbor’s yard, hosting loud parties, fighting, or smoking weed — shenanigans that had rarely earned my own classmates anything more than raised eyebrows and scoldings — I often wondered if there was a side of the justice system that we never saw in the suburbs. Last year, I got myself arrested in New York City and found out.


In a nutshell, this guy desperately tried to get himself arrested for walking around New York City with a stencil and a spray can (a class B misdemeanor) and had no luck. So he tagged City Hall. With a surveillance camera recording him. Still no luck. He turned himself in. They turned him away. He literally found it impossible to get arrested.

He finally succeeded, spent a night in jail, and went to court. And then just the opposite happened. He was initially sentenced to five days community service until the prosecutor suddenly realized the case file was flagged "no deal." So he went back to court, and this time they insisted on throwing the book at him. The judge was so pissed off at him that he then doubled the book.

There's more, and it's worth a read. A white guy in a suit, it turns out, is practically invulnerable to being arrested. But when he uses this fact to embarrass the judicial system, the judicial system suddenly turns on him with a fury. Welcome to America.


In the wealthy suburbs of Massachusetts, our shared narrative told us that people who didn’t live where we lived, or have what we had, weren’t working as hard as we were. We avoided inner city streets because they were dangerous, and we relied on the police to keep people from those places out of our neighborhoods. Whatever they got, we figured they deserved. My total, unquestioning belief in this narrative was the reason I arrived in Roxbury, fresh out of law school, eager to incarcerate everything in sight."

I Got Myself Arrested So I Could Look Inside the Justice System
A former prosecutor fights the law and lets it win.
Bobby Constantino
Dec 17 2013

Left to right: A snapshot of the author's graffiti; a "selfie" of the author, dressed in his suit and tie and ready to vandalize; a surveillance video still of the work in progress (Bobby Constantino)

Ten years ago, when I started my career as an assistant district attorney in the Roxbury neighborhood of Boston, I viewed the American criminal justice system as a vital institution that protected society from dangerous people. I once prosecuted a man for brutally attacking his wife with a flashlight, and another for sexually assaulting a waitress at a nightclub. I believed in the system for good reason.

But in between the important cases, I found myself spending most of my time prosecuting people of color for things we white kids did with impunity growing up in the suburbs. As our office handed down arrest records and probation terms for riding dirt bikes in the street, cutting through a neighbor’s yard, hosting loud parties, fighting, or smoking weed – shenanigans that had rarely earned my own classmates anything more than raised eyebrows and scoldings – I often wondered if there was a side of the justice system that we never saw in the suburbs. Last year, I got myself arrested in New York City and found out.

On April 29, 2012, I put on a suit and tie and took the No. 3 subway line to the Junius Avenue stop in the Brooklyn neighborhood of Brownsville. At the time, the blocks around this stop were a well-known battleground in the stop-and-frisk wars: Police had stopped 14,000 residents 52,000 times in four years. I figured this frequency would increase my chances of getting to see the system in action, but I faced a significant hurdle: Though I’ve spent years living and working in neighborhoods like Brownsville, as a white professional, the police have never eyed me suspiciously or stopped me for routine questioning. I would have to do something creative to get their attention.

“What does that say?” the officer asked me incredulously. I held the stencil up for him to read. “What are you, some kind of asshole?”

As I walked around that day, I held a chipboard graffiti stencil the size of a piece of poster board and two cans of spray paint. Simply carrying those items qualified as a class B misdemeanor pursuant to New York Penal Law 145.65. If police officers were doing their jobs, they would have no choice but to stop and question me.

I kept walking and reached a bodega near the Rockaway Avenue subway station. Suddenly, a young black man started yelling at me to get out of Brownsville, presumably concluding from my skin color and my suit that I did not belong there. Three police officers heard the commotion and came running down the stairs. They reached me and stopped.

“What’s going on?” one asked.



“Nothing,” I told them. “What does that say?” the officer interrupted me, incredulously, as the other two gathered around. I held the stencil up for them to read.

“What are you, some kind of asshole?” he asked.

I stood quietly, wondering whether they would arrest me or write a summons. The officers grumbled a few choice curse words and then ran down the stairs in pursuit of the young man. Though I was the one clearly breaking a law, they went after him.

I continued west, through Crown Heights, Prospect Heights, and then north through Fort Greene, carrying the stencil, talking to residents. I crossed the Brooklyn Bridge and arrived at City Hall. I walked around the building a few times, and then went down Broadway to the Wall Street Bull. From Brownsville to downtown Manhattan, I would estimate that I passed more than 200 police officers, some from a distance, some close enough to touch. Though I was conspicuously casing high-profile public targets while holding graffiti instruments, not one of them stopped, frisked, searched, detained, summonsed, or arrested me. I would have to go further. I walked up to the east entrance of City Hall and tagged the words “N.Y.P.D. Get Your Hands Off Me” on a gatepost in red paint. The surveillance video shows me doing this, 20 feet from the police officer manning the gate. I moved closer, within 10 feet of him, and tagged it again. I could see him inside watching video monitors that corresponded to the different cameras. As I moved the can back and forth, a police officer in an Interceptor go-cart saw me, slammed on his brakes, and pulled up to the curb behind me. I looked over my shoulder, made eye contact with him, and resumed. As I waited for him to jump out, grab me, or Tase me, he sped away and hung a left, leaving me standing there alone. I’ve watched the video a dozen times and it’s still hard to believe. I woke up the next morning and Fox News was reporting that unknown suspects had vandalized City Hall. I went back to the entrance and handed the guard my driver’s license and a letter explaining what I’d done. Several police officers were speaking in hushed tones near the gates, which had been washed clean. I was expecting them to recognize me from eyewitness descriptions and the still shots taken from the surveillance cameras and immediately take me into custody. Instead, the guard politely handed me back my license, explained that I didn’t have an appointment, and turned me away. I went home and blogged about the incident, publicizing what I’d done and posting pictures, before returning to the guard tower the next day, and the next, to hand over my license and letter. Each time, the guards saw a young professional in a suit, not the suspect they had in mind, and each time they handed me back my license and turned me away. On my fifth day of trying, a reporter from Courthouse News Service tagged along. At first skeptical, he watched in disbelief as the officer took my license, made a phone call, and sent me on my way. On Friday May 4, 2012, I turned myself in at Manhattan Criminal Court. Two Intelligence Unit detectives arrived and testily walked me outside to a waiting unmarked police car. Court papers show that they’d staked out my apartment to arrest me, and that I unwittingly kept eluding them. In one dramatic instance, two officers had tailed me as I walked down Eastern Parkway. I’d entered the subway station at the Brooklyn Museum, unaware that I was being followed. One of the officers had followed me through the turnstiles while another guarded the exit. The report states that the officers then inexplicably lost contact with me. Now, we drove west on Canal Street during rush hour, inching across Manhattan to the West Side before turning around and crawling back to a precinct in the East Village. Eight hours later, around midnight, the officers drove me to central booking, in the basement of the courthouse where I had surrendered. “The judge just left, man, your timing sucks,” one of my cellmates told me as the iron door clanged shut. The cell was approximately 20 feet by 30 feet, and a large metal toilet platform occupied a quarter of the room. I stepped over several men lying on the floor and took the open seat adjacent to the platform. The toilet over me had no door and no partition, and the entire room had a view of sitting users. Feces and urine were caked onto the metal and smeared on the concrete next to me, which is why the seat was vacant. Each time, the guards saw a young professional in a suit, and each time they handed me back my license and turned me away. Over the next 24 hours, I watched as men and women came and went, many with cuts, bruises, and welts. I asked several of them how they’d been injured, and they described fierce struggles with the police. One young man cradled what he reported was a broken wrist. Another pulled up his shirt and revealed three Taser burns. Yet another removed his fitted cap and pointed to a swollen knot on his head. I exchanged uncomfortable glances with the few other white men in the cellblock. “Did they treat you like that?” I whispered. “No, you?” “No.” We held out our wrists to compare. “I’m trying man, but they won’t listen to me,” another man implored through the phone, “Hold on—” “When will you let me see my attorney? He’s been upstairs waiting to see me for two hours!” another man called out in the direction of a group of corrections officers sitting and talking out of view. Some time later, around 2:00 a.m., an older man started calling out, pressing himself against the bars. “CO, I’m diabetic. I need my sugar pills,” he pleaded. Nothing. “CO, please,” he begged another CO with thin-rimmed glasses walking by. “CO, I’m diabetic, I need my sugar—” “Sir, can’t you see I’m busy here?” he interrupted, without stopping. Some time later the door swung open and a CO led three more men into our cell. Eighteen men were now sitting and lying feet to head, or feet to feet, along the length of the bench and floor. “Sir, do you think this is the right way to treat people, piling them on top of one another, when you have an empty cell open all night?” I said indignantly, when morning came, pointing at a vacant cell across the hall. “I’ve been doing this 22 years,” the officer replied. “So yeah, I do.” Around midnight, after 34 hours in custody, I was led to a courtroom upstairs to be arraigned. The district attorney’s office, responsible for prosecuting offenders, asked the judge to dismiss my case with three days of community service. This is standard practice for first-time, nonviolent misdemeanor offenders. The judge read through the paperwork and agreed, though he raised the number of community service days to five. I accepted the sentence and the clerk began reading it into the record. “Your honor, wait!” the assistant state attorney interrupted. Startled by the outburst, the judge looked up and scowled as the attorney read something written on her file. She blushed and continued, “I’m sorry, I have to withdraw my offer.” As the judge shook his head and set a date to return, I felt an odd pang of empathy for her. Once, as a rookie prosecutor, a judge had humiliated me in open court for being evasive about a file that had an ominous yellow “do not dismiss” sticky note on it.

Two months later I arrived at Manhattan Criminal Court at 9:00 a.m. and stood in a line of people that stretched out to the street. I found my way to the courtroom and watched cases being called until around noon, when my attorney beckoned me into the hallway and confirmed what had been written on the assistant state attorney's file at arraignment. “The district attorney’s office is playing hardball. They are seeking a guilty plea against you and requesting jail time if you don’t take it.”

“But it’s a first-time misdemeanor, that ridiculous—”

“I know, but they aren’t budging. Your only chance at avoiding the consequences of a guilty conviction is going to trial.”

Seven subsequent months of visits offered snaking lines, courtrooms packed with misdemeanor offenders, assistant state attorneys threatening jail time, and the steady issuing of fees, fines, and surcharges.

In the end I was found guilty of nine criminal charges. The prosecutor asked for 15 days of community service as punishment. My attorney requested time served. The judge—in an unusual move that showed how much the case bothered him—went over the prosecutor's head and ordered three years of probation, a $1000 fine, a $250 surcharge, a $50 surcharge, 30 days of community service, and a special condition allowing police and probation officers to enter and search my residence anytime without a warrant.

At my group probation orientation, the officer handed each of us a packet and explained that we are not allowed to travel, work, or visit outside New York City.

“Wait, what?” I blurted out. “This is true even for nonviolent misdemeanors?”

“Yes, for everyone. You have to get permission.”

After the orientation, I went straight to my probation officer and requested permission to spend Christmas with my family in Massachusetts. I listened in disbelief as she denied my request—I’d worked with probation departments in several states, and I knew that regular family contact has been shown to reduce recidivism. My probation officer also refused to let me go home for Easter and birthdays. After six or seven of these refusals, I complained to a supervisor, citing New York’s evidence-based practices manual, and was assigned to a new probation officer.

In May, I requested permission to visit a class of third graders in my old neighborhood. The year before, when I’d set out to march from Boston to Florida to protest the handling of the Trayvon Martin case, the class had joined me for a day, calculated my route, and located places for me to sleep. After one of the students, Martin Richard, was killed in the Boston Marathon bombing, the class invited me to march with them in his memory. Though my new probation officer and I have an excellent relationship, and she has allowed me to visit my family twice, she denied this request...

Wednesday, December 4, 2013

Prosecutor withholds evidence, destroys innocent lives, allows killer to kill again, becomes a judge--then spends three days in jail


THE CRIMINAL IN THE PROSECUTOR'S CHAIR: Prosecutor Ken Anderson. It's about time the legal system took some action against prosecutors and judges who knowingly destroy innocent lives.

Innocent man: How inmate Michael Morton lost 25 years of his life
By Josh Levs
CNN
December 4, 2013

...A few years ago, a group of attorneys, working pro bono on Morton's behalf, managed to bring the truth to light. Not only was Morton innocent, but the prosecutor, Ken Anderson, was accused of withholding crucial evidence.

The little boy, Eric, had seen the attack and told relatives that daddy was not home at the time. He described the man who did it. Neighbors had described a man parking a green van behind the Mortons' house and walking off into a wooded area. A blood-stained bandana was found nearby. None of that evidence made it into the trial.

It took years of fighting, but Morton's attorneys finally got the bandana tested for DNA. It contained Christine Morton's blood and hair and the DNA of another man -- a convicted felon named Mark Norwood.

Norwood had killed Christine Morton. And since no one figured that out after her death, he remained free. He killed another woman in the Austin area, Debra Baker, in similar circumstances less than two years later, authorities say.

Norwood has now been convicted in Morton's killing, and indicted in Baker's killing. A documentary details how Michael Morton -- with help from the Innocence Project -- proved he didn't kill his wife.

Morton was freed in October 2011. He was 57 years old. "I thank God this wasn't a capital case," he said.

Morton's story, told in the CNN Films' documentary "An Unreal Dream," shines a spotlight on wrongful convictions in the United States. More than 2,000 wrongfully convicted people were exonerated between 1989 and 2012, according to data compiled by the University of Michigan Law School.

But Morton's case has paved new ground that could affect cases nationwide.

Last month, Anderson -- Morton's prosecutor who in 2001 became a judge -- pleaded no contest to criminal contempt for deliberately withholding exculpatory evidence.

Anderson's punishment pales in comparison to Morton's experience. The former prosecutor stepped down from his position as a judge and agreed to 10 days in jail. He then served only five of those days, under Texas laws involving good behavior behind bars.

He also agreed to a $500 fine, 500 hours of community service, and the loss of his law license, according to the Innocence Project, a legal clinic affiliated with Yeshiva University's Cardozo Law School.

It's "an extremely rare instance, and perhaps the first time, that a prosecutor has been criminally punished for failing to turn over exculpatory evidence," the Innocence Project said.

The "historic precedent demonstrates that when a judge orders a prosecutor to look in his file and disclose exculpatory evidence, deliberate failure to do so is punishable by contempt," said Barry Scheck, the project's co-director.

The organization is working with the Texas Criminal Defense Lawyers Association and the Innocence Project of Texas to coordinate a review of Anderson's cases.

Anderson, meanwhile, has not publicly acknowledged any personal wrongdoing. In court, he said he couldn't remember details of the case, and that he and his family have been through false accusations over it.

"I apologize that the system screwed up. I've beaten myself up on what I could have done different and I don't know," he said, acknowledging Morton's "pain."

Morton asked a judge to "do what needs to be done, but at the same time to be gentle with Judge Anderson."

In prepared remarks outside the courthouse, Anderson repeated that he wanted to "formally apologize for the system's failure to Mr. Morton and every other person who was affected by the verdict."

Saturday, May 25, 2013

Judge recommends disbarment for Del Norte DA

Judge recommends disbarment for Del Norte DA
By Amy Yarbrough
The California Bar Journal
Official Publication of the State Bar of California
May 2013

Noting that for 20 years he had “repeatedly violated his ethical and professional duties,” a State Bar Court hearing judge has recommended Del Norte County District Attorney Jon M. Alexander be stripped of his law license.

Alexander [bar # 129207], 64, was also placed on involuntary inactive status as a result of Judge Lucy Armendariz’s April 4 disbarment ruling.M
Armendariz found Alexander culpable of communicating with a defendant without her attorney’s consent, withholding evidence from the defense and acts of moral turpitude. The disbarment does not go into effect until it is approved by the California Supreme Court.

It was the first time in recent memory that an elected district attorney was the subject of a disciplinary trial. According to published reports, Alexander was suspended without pay by the Del Norte County Board of Supervisors following the decision.

In her ruling, Armendariz wrote that Alexander’s misdeeds were aggravated by the fact he refused to acknowledge his wrongdoing, and that he had failed to uphold his duties as a district attorney.

“Respondent’s misconduct frustrated the administration of justice,” she wrote. “His abuse of his prosecutorial power has negatively impacted the reputation of the district attorney’s office and the public’s trust in the justice system.”

A controversial figure who overcame methamphetamine addiction and other personal struggles to win the district attorney election in 2010, Alexander had a string of State Bar disciplinary problems prior to the case that now threatens his law license. In 1996, he received a private reproval for failing to abide by agreements that were made in lieu of disciplinary prosecution, and for two misdemeanor convictions for driving with a suspended license. In 2003, he received a six-month actual suspension for failing to return unearned fees to a client and for the unauthorized practice of law while he was suspended for not paying his bar dues.

Alexander then received a 60-day actual suspension for misconduct in four matters, including failure to perform services competently, failure to communicate with clients, engaging in the unauthorized practice of law and engaging in an ex parte communication with a judge in a criminal case in order to influence the sentence. He was still on probation for this disciplinary action in 2011, when the conduct that triggered the current case against him occurred.

In the current case, Alexander was initially charged with seven counts of misconduct in three matters, although Armendariz found him culpable in only three of the charged counts. She found that he had talked with a defendant privately in his office about her drug case, despite knowing that the woman had an attorney. During the conversation the defendant recanted statements she made at the time of her arrest, in which she implicated her co-defendant and admitted to Alexander that the drugs at issue in the case actually belonged to her. Alexander failed to tell the defense attorneys about the conversation and did not share the woman’s incriminating statement with her co-defendant’s lawyer until after he learned their conversation had been tape-recorded.

During Alexander’s misconduct trial, 31 witnesses testified on Alexander’s behalf, attesting to his good moral character and extensive community service, much of it to help others struggling with substance abuse problems. Although Armendariz said that testimony carried some weight, she noted that Alexander’s community service had already been considered a mitigating factor in his third State Bar discipline case.

“The court finds that these character witnesses represent a demonstration of respondent’s good character attested to by a wide range of references in the legal and general communities. But they invariably dismissed respondent’s misconduct as either insignificant or not at all unethical,” she wrote. “Many did not comprehend its egregiousness.”

Thursday, February 7, 2013

Former prosecutor, now a judge, is facing investigation: innocent man spent 21 years in jail

Attorney testifies in Texas inquiry of former DA
By WILL WEISSERT
Associated Press
February 7, 2013

GEOGRETOWN, Texas (AP) — Attorneys representing a former Texas district attorney accused of prosecutorial misconduct in a wrongful murder conviction are trying to raise doubts about what occurred during the original trial.

Testifying Thursday is Bill Allison, a defense lawyer for Michael Morton.

Morton served nearly 25 years in prison for his wife's slaying — but was freed on DNA evidence in 2011.

Ken Anderson was the case's prosecutor but is now a judge. Morton's attorneys allege he withheld evidence indicating their client's innocence.

Anderson is now facing a court of inquiry on the matter. Allison detailed not receiving police case notes and other information at trial.

But Anderson's attorneys questioned whether he might have sought that evidence only after the fact.

Allison wavered. He eventually said: "You can't remember that which didn't happen."

Read more: http://www.seattlepi.com/news/texas/article/Attorney-testifies-in-Texas-inquiry-of-former-DA-4258506.php#ixzz2KF5txZwE

Saturday, June 9, 2012

Jacques Rivera, Man Who Spent 21 Years In Prison On Wrongful Conviction, Sues Chicago Police

Jacques Rivera, Man Who Spent 21 Years In Prison On Wrongful Conviction, Sues Chicago Police
Huffington Post
06/07/2012

Jacques Rivera, 47, was released from prison last fall.

A Chicago man who served 21 years in prison on a murder charge for which he was later exonerated filed suit Thursday against the city of Chicago and its police department.

Attorneys representing Jacques Rivera, 47, claim that Chicago police falsified evidence and manipulated a witness before their client was convicted in 1988 of fatally shooting Felix Valentin, a gang member, and sentenced to serve 80 years in a maximum security prison.

Locke Bowman, an attorney whose firm is representing Rivera, said his client "suffered a grave injustice at the hands of Chicago police" and deserves to be compensated for it, the Chicago Tribune reports.

Last fall, the purported crime's only eyewitness recanted his testimony that identified Rivera as the killer. The charges were dropped and Rivera was, essentially, a free man again. The witness, Orlando Lopez, was 12 years old at the time of the alleged crime.

Bowman further described such behavior leading to wrongful convictions as "a pattern with the Chicago Police Department," NBC Chicago reports.

"The Police Department has never investigated any of these cases or disciplined an officer despite clear, egregious misconduct in many of these cases," Bowman said, according to NBC. "That's simply unacceptable."

Rivera's case was the subject of over a decade of work by the Northwestern University Law School’s Center on Wrongful Convictions.

When Rivera, a former Latin King, was released from prison last October, he said he planned to work with inner-city youth. But HuffPost Chicago blogger David Protess, president of the Chicago Innocence Project, reports that Rivera has struggled to get on his feet since his release.

Specifically, he's been unable to attain the $199,150 in financial restitution he is seeking under Illinois law because Cook County prosecutors have called on Rivera to further prove his innocence -- even after being exonerated.

The strange loophole is the subject of a bill proposed by state Sen. Donne Trotter (D-Chicago).

"I'm not really free yet. At 47, I live with my mother to make ends meet and I can't afford a vehicle to get to a job or the events I've been asked to speak at," Rivera told Protess last month. "Prosecutors are doing everything they can to prevent me from living my life."

Tuesday, November 1, 2011

Supreme Court to take another look at prosecutorial misconduct


Angela J. Davis

Angela J. Davis, who is discussed in the following story, is not the well-known Angela Yvonne Davis who studied at UCSD with Herbert Marcuse.








Supreme Court to take another look at prosecutorial misconduct
By Robert Barnes
Washington Post
October 30, 2011

Prosecutors, says Angela Davis, former head of the D.C. public defenders office, “are the most powerful officials in our criminal justice system.”

Davis, a professor at American University’s Washington College of Law, explains:

“They decide whether a person’s going to be charged, what to charge them with, whether there’s going to be a plea bargain and what the plea bargain will be. As they make those decisions, they exercise almost boundless discretion.”

That combination of power and discretion, she said, “can and has led to abuse.”

It’s an issue of perpetual interest at the Supreme Court. Next week, the court will hear a case in which a Louisiana death row inmate alleges that prosecutors withheld information that would have cast doubt on the eyewitness account that led to his conviction.

The case from New Orleans concerns prosecutors who worked for former district attorney Harry Connick Sr., who left office in 2003.

If that sounds familiar, it is because Connick and his office were at the center of last term’s big decision about prosecutorial misconduct. In that controversial 5-to-4 decision, the court stripped a $14 million award from John Thompson, who spent 14 years on death row after prosecutors withheld evidence that showed his innocence.

The court has long agreed that individual prosecutors should be protected from civil liability so that they may freely pursue criminals. However, Thompson had convinced a jury that Connick’s office should be held accountable for not properly training staff about the duty prosecutors have to turn over evidence favorable to the defense.

But Justice Clarence Thomas, joined by the court’s other conservatives, said Thompson did not meet the high standard of showing a pattern of “deliberate indifference” on Connick’s part.

Justice Ruth Bader Ginsburg, on behalf of the court’s liberals, read her dissent from the bench, saying she would have upheld the award against Connick’s office for the “gross, deliberately indifferent and long-continuing violation of (Thompson’s) fair trial right.”

Barry Scheck, co-director of the Innocence Project, said the court’s decision in Connick v. Thompson made it clear that civil remedies are not a viable option for those trying to stop prosecutorial misconduct.

He, Thompson and others were part of a group of “innocence advocates” who last week proposed a national dialogue with prosecutors to try to find other ways to investigate and sanction prosecutors who break the rules.

Santa Clara University law professor Kathleen Ridolfi said the group needs to find a way around “a system where the Supreme Court refuses to hold prosecutors accountable, even for repeated, deliberate misconduct.”

The new case, Smith v. Cain , is not about punishing prosecutors. It is about whether withholding evidence should mean a new trial for Juan Smith, who prosecutors said was involved in a gangland-style shooting that left five dead. Prosecutors have an obligation under a nearly 50-year-old Supreme Court precedent in Brady v. Maryland to turn over any evidence material to a defendant’s guilt or punishment.

The case is expected to be determined by its specific facts rather than the potential for a new examination of Brady. It also seems not coincidental that it involves New Orleans prosecutors.

Smith’s lawyers point out that courts have overturned four death sentences from Orleans Parish because of violations of the Brady rules, and they say eight other non-capital cases have met the same fate.

The American Bar Association has asked the court to use the case to tell prosecutors that they have a greater obligation than simply meeting Brady requirements. The ABA says the court should mandate that prosecutors abide by ABA model rules that call for disclosure of any exculpatory evidence, whether it is determined to be material or not.

The National District Attorneys Association replied that the ABA is nothing but a private association of lawyers that consistently takes the side of criminal defendants. The regulation of prosecutors, it says, “is appropriately left to the individual states.”

Such sensitivity is why Scheck and others at a news conference last week took pains to say they believe only a small slice of prosecutors have committed misconduct. He said he was generally advised, “ ‘Don’t go around the country pillorying prosecutors and giving the impression that what happened in John Thompson’s case is happening across the board in an epidemic.’ ”

He added: “ We’re not saying that.”

Monday, May 5, 2008

Judge admits filing lawsuit without merit--but only after being forced to do so by the California Superior Court

I suspect that there are plenty of attorneys and judges in California who are as bad or worse than this one. The story in the article below appears to be typical of what I know of the practice of law in California. What is atypical is the apology for filing a lawsuit that had no merit.

I was introduced to the court system by Stutz, Artiano, Shinoff & Holtz, who were working with Parham & Rajcic, who may not be typical. These two firms help public school clients commit and cover-up wrongdoing. As a result of the machinations of these two firms, I got to know lawyers Deborah Garvin and Elizabeth Schulman, who may perhaps have been restrained by legal ethics in some other case, but certainly were not so restrained in mine.

Finally, I had my eyes opened by the California Teachers Association, of which I had been a big supporter, financially as well as politically, for decades. I discovered that CTA lawyers were just as ready as any of the above-mentioned attorneys to violate the law in order to gain a political advantage for the people who run the union. Head counsel Beverly Tucker and CTA executive director Carolyn Doggett turned out to be no better than Dan Shinoff.

During my odyssey in the court system, I met only one ethical lawyer. Unfortunately for me, she has gone on to bigger and better things than school district lawsuits.

For these reasons, the following story is interesting only in that it is the exception to the rule.

Most of us don't have the resources of Tom Siebel, and we will never get apologies from the attorneys and institutions who make big money and good reputations by abusing the justice system. Or maybe we will. Maybe I should file a lawsuit for malicious prosecution against Stutz law firm for its meritless defamation suit against me.


Judge Carol L. Mittlesteadt Issues Public Apology for Her Role in Lawsuit That 'Lacked Legal Basis' Against Thomas M. Siebel

PALO ALTO, Calif.,
May 1, 2008
PRNewswire

San Mateo County Judge Carol L. Mittlesteadt has issued a public apology to Silicon Valley businessman Thomas M. Siebel, chairman of First Virtual Group, for bringing a civil lawsuit seeking financial damages from him that was determined to be without merit.

The apology is part of an agreement reached between Mittlesteadt and Mr. Siebel to settle a malicious prosecution case filed by Siebel in July 2000. In addition to her apology, Judge Mittlesteadt agreed to a financial settlement of $100,000, which Mr. Siebel will donate to the Stanford University Law School to support the study of legal ethics.

Mr. Siebel initiated the malicious prosecution case against Mittlesteadt in 2000 in response to a wrongful termination and gender discrimination claim that Mittlesteadt filed in 1996 on behalf of a former employee of Siebel Systems, Inc. Mittlesteadt filed her suit while Siebel Systems was preparing for its initial public offering, and thus was particularly vulnerable to disclosable litigation claims. Mr. Siebel prevailed in that case when the court determined that all claims against him were unfounded.

In an effort to set a precedent that would prevent similar lawsuits in the future, Mr. Siebel filed a malicious prosecution suit against Judge Mittlesteadt and her co-counsel, E. Rick Buell II. The suit stated that they had misused the legal process, in violation of the law and in violation of legal ethics, to pursue claims that they knew to be false in the hope of extracting a large financial settlement from Mr. Siebel and Siebel Systems.

Mittlesteadt attempted to block Mr. Siebel's malicious prosecution suit, claiming that he had no right to sue. The California Supreme Court disagreed in a ruling last year. The court's ruling cleared the way for Mr. Siebel's suit to proceed, and set a precedent that will make it easier for companies and individuals to pursue malicious prosecution claims and defend themselves against unfounded, economically damaging lawsuits.

"This case was a private effort at tort reform," said Mr. Siebel. "My hope is that other plaintiff's lawyers will look at this outcome and think twice before seeking to extort settlements by filing lawsuits they know have no basis in fact."

Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform, applauded Mr. Siebel for pursuing his malicious prosecution suit against Judge Mittlesteadt.

"It is courageous people like Mr. Siebel who, by taking a stand, make it easier for individuals, small businesses and corporations to fight back against malicious lawsuits rather than be extorted into a settlement," Rickard said.

Settlement in the case was reached following arbitration by former California Supreme Court Judge Edward A. Pinelli.

In her letter of apology to Mr. Siebel, Judge Mittlesteadt said:
"I write to express my sincere regret for pursuing claims against you
that were determined to be without merit. I accept the ruling of the
California Appellate Court that the litigation contained claims for
which there was no legal foundation. I acknowledge that my actions may
have caused substantial expense and inconvenience, and damage to your
reputation and good name, for which I apologize."

Mittlesteadt originally sued Mr. Siebel in 1996. Mittlesteadt's co-counsel, E. Rick Buell II, settled with Mr. Siebel last year, apologizing for his role in the case in a letter to Mr. Siebel:

"I am writing to you to publicly express an apology for my part in
participating in the litigation captioned Christoffers v. Siebel
Systems, et. al., against you. I sincerely regret participating in this
clearly intemperate and ill-advised action, and accept the California
Supreme Court's and California Appellate Court's opinion that the
litigation contained claims for which there was no legal foundation.
Accordingly I ask that you accept my apology. I thank you for your wise
and gracious effort to put this unpleasant and unnecessary event in the
past and for allowing the parties to move on with their lives."

Mittlesteadt is now a Superior Court judge in San Mateo County, an appointment she received while Mr. Siebel's litigation was still pending.

http://sev.prnewswire.com/banking-financial-services/20080501/LATH56801052008-1.html