Ultimately, this was one the jury got right with a misdemeanor and it helped me change my perspective on marijuana cultivation moving forward. It is also a good example of how prosecution evolves over time with the law as it changes. Prosecutors are given a lot of discretion in filing, charging, settling, and trying cases on behalf of the People and as there are changes in the law, and continuing research into areas affecting crime we, adapt so that our discretion aligns with what society believes is a just outcome. The jury saw it here and I see it now.
#21 A trial Interrupted
The defendant in jury trial #21 was charged with vandalizing a correctional facility. He had ripped a large ADA guardrail off the wall of the jail and was yelling that he was going to "tear this mother fucker apart" if he didn't get moved from a solitary room back into the main line. He had…
#17 In my (self) defense…
One of my biggest frustrations when watching high profile cases in the news is the impatience often voiced over delays by prosecutors in making filing decisions. The calls for justice, while important in order to keep the tragedy of the events in the public eye are often misplaced. A full and complete investigation is always…
#15 Caught on Camera: A Jury Trial Focused on Fraud
Worker's compensation fraud doesn't get the credit it deserves by my fellow prosecutors. The general public, on the other hand, eats these cases up. My opinion is that the public knows that those are are defrauding the system in this way are harming everyone: insurance premiums rise meaning the costs of goods and services also…
#14 A Do-over Jury Trial
Don't ring the bell if you don't want to follow the rules. And never punch a bouncer in the face.
#13 A Jury’s Struggle: “Being Under the Influence” v. “Being Impaired”
The laws relating to Driving Under the Influence (DUI) have provided a standard formula when it comes to prosecuting defendants who have consumed too much alcohol and chose to get behind the wheel of the car. We have two ways to proceed, and we often proceed with both routes: (1) the defendant's blood alcohol content…
#12 A “Who-Done-It” Jury Trial
Eye witness identification is a tricky thing. So many variables come into play that there is an entire jury instruction given. Things like: whether the witness knew the person, race, length of contact, stress of event, lighting conditions, proximity, suggestability of line up, and how closely the witness was paying attention are just a few…
#11 The Jury Trial Involving Justice for Murphy (the dog)
Murphy riding passenger with Paradise Animal Control in 2015 The biggest takeaway from jury trial #11 was that people in our neck of the woods care about animals, a lot. Animal cruelty was the only charge the defendant in this trial faced and it involved a pit bull puppy named Murphy who sustained multiple injuries…
#10 The Jury Trial where I Learned (the hard way) that My Instincts Matter
#10 was my first jury trial with significant media exposure. It involved a victim who went onto property that defendant was squatting at in Chico. He and his dog were attacked by the defendant with a knife and eventually chased off the property. The victim screamed for help as he ran away. One witness opened…
#9 The Jury Trial Where Criminal Law met Water Law at a Crossroads
There have been multiple times in my experiences as a prosecutor where I have had to dig deep into some very non-criminal law areas in order to both and proceed with prosecution. Crimes that happen in California that impact our natural resources is one of those areas. In California we have complicated regulatory schemes involving…
Hopelessly Devoted 