Author Topic: All Orange County prosecutors barred from case for corruption  (Read 1887 times)

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Offline R. U. Sirius

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http://www.dailykos.com/story/2015/05/29/1388819/-Judge-disqualifies-all-250-prosecutors-in-Orange-County-CA-because-of-widespread-corruption?detail=facebook_sf#

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Between San Diego and Los Angeles is Orange County, California. With more than 3 million residents, it's larger than 21 states. If Orange County were a separate country, its economy would be the 45th largest in the world. Now known for Disneyland, the county may soon be known for having one of the most corrupt justice systems in the world. The width and depth and duration of the corruption truly boggles the mind. A case that should've been open and shut has blown the lid off some deep secrets.
On October 12, 2011, Orange County experienced the deadliest mass killing in its modern history. Scott Dekraai killed 8 people, including his ex-wife, in a Seal Beach beauty salon. He was arrested wearing full body armor just a few blocks away. Without a doubt, Dekraai was the perpetrator. A dozen surviving witnesses saw him. He admitted to the shooting early on. Yet, nearly four years later, the case against him has all but fallen apart.

It turns out that prosecutors and police officers committed an egregious violation of Dekraai's rights—so much so that Superior Court Judge Thomas Goethals shocked everyone and removed the Orange County District Attorney's Office, and all 250 prosecutors, from having anything more to do with the case.

Wow. Just...wow.
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Offline Ultimate Paragon

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Re: All Orange County prosecutors barred from case for corruption
« Reply #1 on: June 01, 2015, 09:28:23 am »
Un-fucking-believable.

Offline Askold

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Re: All Orange County prosecutors barred from case for corruption
« Reply #2 on: June 01, 2015, 09:35:29 am »
All of them?

...Like really, all of them? EVERY SINGLE ONE OF THEM?

Wow. It was really hard to believe the title, but after reading through the article I can understand why these extreme measures were taken. They fucked up. They violated the rights of the suspects and now even the "obvious" cases will fail and a lot of criminals will be back on the streets.
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Offline ironbite

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Re: All Orange County prosecutors barred from case for corruption
« Reply #3 on: June 01, 2015, 07:33:18 pm »
And all because they wanted the easy wins.

Offline Barbarella

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Re: All Orange County prosecutors barred from case for corruption
« Reply #4 on: June 01, 2015, 10:54:16 pm »
Holy snotrags!

At least they're disbarred.

They need to change the laws so that prosecutors don't get brownie points for successful prosecutions.

However, they'll have to start over with all those cases (like the hair salon guy).

Offline Ultimate Paragon

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Re: All Orange County prosecutors barred from case for corruption
« Reply #5 on: June 01, 2015, 10:58:21 pm »
You know what this reminds me of?  That time Georgia (the country, not the state) fired its traffic cops.  As in, all of them.  And it worked:

http://awesomefacts.quora.com/The-nation-of-Georgia-fired-it-entire-traffic-police-force-and-the-Crime-went-down

http://www.mcclatchydc.com/2007/06/13/11216/firing-of-traffic-police-force.html
« Last Edit: June 01, 2015, 11:00:21 pm by Ultimate Paragon »

Offline MadCatTLX

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Re: All Orange County prosecutors barred from case for corruption
« Reply #6 on: June 02, 2015, 01:01:15 am »
A town near me once fired it's entire police force over corruption and selling drugs. They fired all the cops in the town, all three of them!
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Offline ironbite

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Re: All Orange County prosecutors barred from case for corruption
« Reply #7 on: June 02, 2015, 08:37:23 am »
Queen explain to Barb the difference between disbarred and disqualified please

Offline The_Queen

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Re: All Orange County prosecutors barred from case for corruption
« Reply #8 on: June 06, 2015, 03:22:40 pm »
Queen explain to Barb the difference between disbarred and disqualified please

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But disqualification falls under the rules of professional conduct. Essentially, a judge should disqualify herself from a case if she has a conflict of interest. if the judge refuses to disqualify herself in face of a conflict of interest, then the appeals process is a remedy. Alternatively, an attorney should disqualify himself if he has a conflict of interest or acts unprofessionally in the case. These decisions are left first and foremost to the individual, as the individual is in the best position to know whether he can competently and diligently represent his client. However, the judge has final say and can disqualify an attorney if the conduct or conflict is deemed too substantial: which is what occurred, here. A disqualified lawyer can still practice law, but cannot represent a party in that dispute. These prosecutors are only barred from representing the state in criminal matters, and I cannot tell from the article the length of time, though the 250 disqualification only appears to be for this Dekraai person. But, all of the prosecutors are still licensed to practice law in California, and they are unlikely to face any ethical reprimand from the California Supreme Court or the California Bar Association.

Disbarment also falls under the rules of professional conduct, but they are overseen by each state's supreme court and/or bar association. Disbarment is a more procedure based process: it include drafting a formal complaint, notice, testimony, evidence, outside legal counsel, a hearing, a written decision, and approval by the state supreme court. The effect of disbarment is that you can no longer practice law in that state, unless readmitted.
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