CRIME LAB CLAIMS ASSAILED; PROSECUTORS DENY CONFLICT OF INTEREST EXISTED IN DUI CASES.Byline: Jesse Hiestand Daily News Staff Writer The Ventura County District Attorney's Office countered defense claims Friday that prosecutors should be removed from hundreds of drunk-driving cases because they overlooked or concealed problems at the sheriff's crime lab. In a 75-page document, supported by 62 exhibits, prosecutors said they have no conflict of interest with the crime lab as a result of troubles with the lab's alcohol-testing license earlier this year. And if there was a conflict, Deputy District Attorneys DEPUTY DISTRICT ATTORNEYS. The Act of Congress of March 3, 1815, 2 Story L. U. S. 1530, authorizes and directs the district attorneys of the United States to appoint by warrant, an attorney as their substitute or deputy in all cases when necessary to sue or prosecute for the United Kevin Drescher and Lisa Lee argued in the motion, it was not grave enough to prevent any defendant from receiving a fair trial. They cited legal decisions that have found such conflicts only should be the basis for blocking the admission of evidence. Yet defense attorneys have said sloppy or unlicensed alcohol testing at the lab over a two-month period earlier this year is enough to require the dismissal of some 300 misdemeanor drunk-driving cases. Before any decision is made on dismissals, Ventura Superior Court Judge Steven Z. Perren must first decide whether to let the District Attorney's Office continue to prosecute the cases. Perren is scheduled to hear arguments on the recusal recusal n. the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict of interest or other good reason. (See: recuse) motion Aug. 19. If the motion is granted, the state Attorney General's Office would likely take over for local prosecutors. Drescher and Lee did not return phone calls Friday. Defense attorneys, in a motion filed two weeks ago, demanded prosecutors be disqualified dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. on grounds they cannot be impartial and have an obvious interest in how the crime lab issues are resolved. Top district attorney officials were accused of knowing of possible sloppy or unlicensed alcohol testing at the lab and failing to alert defense attorneys. Defense attorneys further claim prosecutors acted recklessly in continuing to file drunk-driving cases even after the lab was ordered to cease breath-alcohol testing in mid-March. The prosecutors' motion states, ``In this case, the defense's claim can be summarized as follows: The District Attorney either knew of the existence of exculpatory evidence Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. In many countries such as the United States, if the police or prosecutor has found such evidence, he/she must disclose it to the defendant. and willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) withheld this evidence, or did not know but should have known. ``This, the defense claims, creates a recusable conflict of interest because the District Attorney now has a personal interest in protecting himself from sanctions and public censure A formal, public reprimand for an infraction or violation. From time to time deliberative bodies are forced to take action against members whose actions or behavior runs counter to the group's acceptable standards for individual behavior. In the U.S. .'' Citing numerous cases, prosecutors say the lab's problems should not bar the entire District Attorney's Office from jurisdiction over these cases. The crime lab's problems date to November, when its forensic alcohol supervisor, Norm Fort, retired unexpectedly. Lab officials were working to replace Fort when two mishaps complicated the process. A technician failed a routine proficiency test proficiency test n → prueba de capacitación , and an inspection by the state Department of Health Services Department of Health Services may refer to:
As a result, the lab was ordered to cease all alcohol testing on March 19. While blood and urine samples were sent to a state lab in Santa Barbara Santa Barbara (săn'tə bär`brə, –bərə), city (1990 pop. 85,571), seat of Santa Barbara co., S Calif., on the Pacific Ocean; inc. 1850. for analysis, the unlicensed sheriff's crime lab kept testing breath samples for a month. Lab manager Capt. Leslie Warren later explained she was not explicitly told to stop the breath testing and that she interpreted the order to mean the lab should not, rather than shall not, do breath tests. In further attacking the recusal motion, prosecutors said the defense contentions rest on ``conclusions, rumors, beliefs and opinions.'' For example, they say there is no evidence that prosecutors routinely file drunk-driving cases against defendants who have an alcohol level below the state limit to drive. ``The District Attorney not only vehemently denies such claims, but asserts that the very allegation itself is unethical unethical said of conduct not conforming with professional ethics. and unprofessional,'' the motion reads. Drescher and Lee suggest that the defense's real motive is to hamper prosecutors by forcing them to engage in ``less vigorous prosecution practices'' and ``plea bargains plea bargain n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the .'' In conclusion, they insist the recusal motion should be denied because it would prevent the District Attorney from carrying out the duties of his elected office and serving the citizens of Ventura County. |
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